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[ { "text": "1. Short title \nThis Act may be cited as the Comprehensive Access to Resources and Education for Long COVID Act or the CARE for Long COVID Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authorization to fund a patient registry for research on Long COVID and related conditions \n(a) In general \nThe Secretary of Health and Human Services (referred to in this Act as the Secretary ), acting in coordination with the Patient-Centered Outcomes Research Institute established under section 1181 of the Social Security Act ( 42 U.S.C. 1320e(b) ), shall fund activities described in subsection (b) to improve treatment and outcomes for individuals with Long COVID and related conditions. (b) Activities described \nFor purposes of subsection (a), activities described in this subsection shall include— (1) creating or maintaining a regularly updated patient registry of individuals with suspected or confirmed Long COVID and related conditions, including information on— (A) symptoms that arise while an individual is initially infected with COVID–19 and that may resolve over time or extend beyond the resolution of the initial symptoms; (B) persistent symptoms that arise after an individual is initially infected with COVID–19 and that the clinician of such individual has reason to suspect were related to the COVID–19 diagnosis; (C) symptoms that arise in an individual that may be related to COVID–19, but a diagnosis of COVID–19 was not obtained and cannot be identified due to a lack of antibodies, false negative test results, or lack of access to timely testing; (D) treatments of individuals after primary diagnosis of COVID–19 and the effectiveness of such treatments; (E) any other relevant questions or issues related to individuals who experience a diagnosis of, treatment for, and management of care with COVID–19, Long COVID, and related conditions; and (F) comorbidities, vaccination status, and demographics, including age, gender, race and ethnicity, geographic location, disability, and occupation of registry participants; (2) synthesis of information relating to individuals experiencing Long COVID and related conditions and other information available through the patient registry; (3) dissemination of information to relevant Federal departments and agencies and patients participating in the registry to inform treatment and policy related to COVID–19, Long COVID, and related conditions; (4) an assurance that the registry utilizes common data elements and definitions for use in order to promote appropriate data sharing for ongoing and future research; and (5) outreach to, and inclusion in the patient registry, as appropriate, of individuals, including children and older adults, from communities impacted by high COVID–19 and Long COVID rates, communities affected by health disparities and inequities (including Indian Tribes and Tribal organizations, urban Indian organizations, and people with disabilities), individuals with related conditions, health care providers, first responders, military service members, veterans, pregnant and lactating women, frontline workers who may be impacted by high COVID–19 and Long COVID rates, and health care providers from diverse disciplines that may treat individuals with COVID–19, Long COVID, and related conditions. (c) Voluntary participation; privacy protections \n(1) Voluntary participation \nParticipation in the registry described in subsection (b)(1) shall be voluntary, and a person creating, assisting in the creation of, or maintaining the registry shall not include in the registry information about an individual unless the individual consents to the inclusion of such information. (2) Privacy protections \nInformation about an individual that is included in the registry shall be subject to all applicable privacy protections under Federal and State law. (d) Report \nNot later than 1 year after the establishment of the synthesized patient registry under subsection (b)(2), and annually thereafter, the Secretary shall submit a report that includes data, findings, and information with respect to the status of the patient registry (including progress, barriers, and issues) to Congress and the President. (e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $30,000,000 for fiscal year 2024, which shall remain available until expended.", "id": "id803f43dcbcff45fca9344a836c24c38f", "header": "Authorization to fund a patient registry for research on Long COVID and related conditions", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services (referred to in this Act as the Secretary ), acting in coordination with the Patient-Centered Outcomes Research Institute established under section 1181 of the Social Security Act ( 42 U.S.C. 1320e(b) ), shall fund activities described in subsection (b) to improve treatment and outcomes for individuals with Long COVID and related conditions.", "id": "id7659eb89f88941b2a9a3f68cde9616a8", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1320e(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1320e" } ] }, { "text": "(b) Activities described \nFor purposes of subsection (a), activities described in this subsection shall include— (1) creating or maintaining a regularly updated patient registry of individuals with suspected or confirmed Long COVID and related conditions, including information on— (A) symptoms that arise while an individual is initially infected with COVID–19 and that may resolve over time or extend beyond the resolution of the initial symptoms; (B) persistent symptoms that arise after an individual is initially infected with COVID–19 and that the clinician of such individual has reason to suspect were related to the COVID–19 diagnosis; (C) symptoms that arise in an individual that may be related to COVID–19, but a diagnosis of COVID–19 was not obtained and cannot be identified due to a lack of antibodies, false negative test results, or lack of access to timely testing; (D) treatments of individuals after primary diagnosis of COVID–19 and the effectiveness of such treatments; (E) any other relevant questions or issues related to individuals who experience a diagnosis of, treatment for, and management of care with COVID–19, Long COVID, and related conditions; and (F) comorbidities, vaccination status, and demographics, including age, gender, race and ethnicity, geographic location, disability, and occupation of registry participants; (2) synthesis of information relating to individuals experiencing Long COVID and related conditions and other information available through the patient registry; (3) dissemination of information to relevant Federal departments and agencies and patients participating in the registry to inform treatment and policy related to COVID–19, Long COVID, and related conditions; (4) an assurance that the registry utilizes common data elements and definitions for use in order to promote appropriate data sharing for ongoing and future research; and (5) outreach to, and inclusion in the patient registry, as appropriate, of individuals, including children and older adults, from communities impacted by high COVID–19 and Long COVID rates, communities affected by health disparities and inequities (including Indian Tribes and Tribal organizations, urban Indian organizations, and people with disabilities), individuals with related conditions, health care providers, first responders, military service members, veterans, pregnant and lactating women, frontline workers who may be impacted by high COVID–19 and Long COVID rates, and health care providers from diverse disciplines that may treat individuals with COVID–19, Long COVID, and related conditions.", "id": "id9dc67670a8de457ba0a6389fd729062e", "header": "Activities described", "nested": [], "links": [] }, { "text": "(c) Voluntary participation; privacy protections \n(1) Voluntary participation \nParticipation in the registry described in subsection (b)(1) shall be voluntary, and a person creating, assisting in the creation of, or maintaining the registry shall not include in the registry information about an individual unless the individual consents to the inclusion of such information. (2) Privacy protections \nInformation about an individual that is included in the registry shall be subject to all applicable privacy protections under Federal and State law.", "id": "id710db00492da4c7ea42e8341829bb018", "header": "Voluntary participation; privacy protections", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 1 year after the establishment of the synthesized patient registry under subsection (b)(2), and annually thereafter, the Secretary shall submit a report that includes data, findings, and information with respect to the status of the patient registry (including progress, barriers, and issues) to Congress and the President.", "id": "idfc54f43b246a49c88d7b3651c371189c", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $30,000,000 for fiscal year 2024, which shall remain available until expended.", "id": "id830c73122ef0499690eb6ddc787db34c", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320e(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1320e" } ] }, { "text": "3. Research on United States health care system’s response to Long COVID \n(a) In general \nThe Secretary, in coordination with the Director of the Agency for Healthcare Research and Quality, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention, shall conduct or support research related to the United States health care system’s response to Long COVID, including with respect to— (1) the expansion and effectiveness of post-infectious disease treatment, including— (A) identifying barriers to access for treatment of COVID–19, Long COVID, and related conditions for veterans, older adults, people with disabilities, children and young adults, communities of color, underserved and rural communities, and other groups impacted by high rates of COVID–19, as determined by the Secretary; (B) evaluating and identifying potential gaps or other weaknesses that contribute to age, gender, geographic location, disability, occupation, and racial and ethnic disparities with respect to COVID–19 infection rates, severity and length of symptoms, associated diagnoses, and outcomes; and (C) identifying trends associated with differences in diagnosis and treatment of Long COVID and related conditions by demographic factors such as age, gender, geographic location, disability, occupation, race, ethnicity, or other factors identified by the Secretary to promote health equity; and (2) conducting and supporting research to— (A) identify health care strategies that help mitigate age, gender, geographic location, disability, occupation, and racial and ethnic disparities in COVID–19 infection rates, hospitalizations, severity and length of symptoms, secondary illnesses, and outcomes; (B) identify health care-related factors contributing to such disparities in COVID–19 infection rates, hospitalizations, severity and length of symptoms, secondary illnesses, and outcomes; and (C) provide recommendations on ensuring equity in diagnosis and access to quality post-infectious treatments that may be advanced to mitigate such disparities. (b) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $15,000,000 for fiscal year 2024, which shall remain available until expended.", "id": "id607564086d17492c8d4d0e77b87b5924", "header": "Research on United States health care system’s response to Long COVID", "nested": [ { "text": "(a) In general \nThe Secretary, in coordination with the Director of the Agency for Healthcare Research and Quality, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention, shall conduct or support research related to the United States health care system’s response to Long COVID, including with respect to— (1) the expansion and effectiveness of post-infectious disease treatment, including— (A) identifying barriers to access for treatment of COVID–19, Long COVID, and related conditions for veterans, older adults, people with disabilities, children and young adults, communities of color, underserved and rural communities, and other groups impacted by high rates of COVID–19, as determined by the Secretary; (B) evaluating and identifying potential gaps or other weaknesses that contribute to age, gender, geographic location, disability, occupation, and racial and ethnic disparities with respect to COVID–19 infection rates, severity and length of symptoms, associated diagnoses, and outcomes; and (C) identifying trends associated with differences in diagnosis and treatment of Long COVID and related conditions by demographic factors such as age, gender, geographic location, disability, occupation, race, ethnicity, or other factors identified by the Secretary to promote health equity; and (2) conducting and supporting research to— (A) identify health care strategies that help mitigate age, gender, geographic location, disability, occupation, and racial and ethnic disparities in COVID–19 infection rates, hospitalizations, severity and length of symptoms, secondary illnesses, and outcomes; (B) identify health care-related factors contributing to such disparities in COVID–19 infection rates, hospitalizations, severity and length of symptoms, secondary illnesses, and outcomes; and (C) provide recommendations on ensuring equity in diagnosis and access to quality post-infectious treatments that may be advanced to mitigate such disparities.", "id": "id35cf3adbf9a34dd49a6f8f96ad334678", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $15,000,000 for fiscal year 2024, which shall remain available until expended.", "id": "id76a7c620636e483885165ba1a8571ee5", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Education and dissemination of information on Long COVID \n(a) Long COVID public education program \nThe Secretary shall develop and disseminate to the public regularly updated information regarding Long COVID, in plain language and in a manner that is culturally and linguistically appropriate and easily accessible to people with disabilities and people with limited English proficiency, including information on— (1) the awareness, incidence, and short- and long-term health effects associated with COVID–19 infection, including Long COVID associated disability; (2) illnesses related and often comorbid with Long COVID, which may include— (A) myalgic encephalomyelitis/chronic fatigue syndrome; (B) fibromyalgia; (C) postural orthostatic tachycardia syndrome and other forms of dysautonomia; (D) autoimmune diseases associated with viral triggers; (E) connective tissue diseases exacerbated or triggered by infections; (F) mast cell activation syndrome; (G) related conditions and illnesses that may affect adults, young adults, or children; and (H) other conditions, as the Secretary determines appropriate; (3) the availability, as medically appropriate, of treatment options for Long COVID and related conditions overlapping with Long COVID identified under paragraph (2); and (4) strategies for reducing the likelihood of developing Long COVID. (b) Long COVID provider education program \nThe Secretary, in consultation with representatives from impacted communities and health care providers who treat such communities or individuals, shall develop and disseminate to health care providers, including by developing or improving continuing medical education programs that advance the education of such providers, information on Long COVID, recommended assessment tools, including how to assess patients’ functional capacity to support applications for disability benefits, and management of Long COVID and related conditions for the purpose of ensuring that health care providers remain informed about current information on Long COVID and related conditions, including information on— (1) Long COVID symptoms such as cognitive, neurological, psychiatric, gastrointestinal, respiratory, and cardiovascular symptoms; (2) myalgic encephalomyelitis/chronic fatigue syndrome and fibromyalgia; (3) postural orthostatic tachycardia syndrome and other forms of dysautonomia; (4) autoimmune diseases associated with viral triggers; (5) connective tissue diseases exacerbated or triggered by infections; (6) mast cell activation syndrome; (7) related conditions and illnesses that may affect adults, young adults, or children; and (8) other conditions as the Secretary determines appropriate. (c) Considerations \nIn developing and disseminating information in subsections (a) and (b), the Secretary shall ensure that— (1) guidance on Long COVID diagnostics, treatments, and care include demographic factors such as age, gender, geographic location, disability, occupation, race and ethnicity, and other factors identified by the Secretary to promote health equity; and (2) individuals with Long COVID and related conditions, and entities representing such individuals, are empowered to participate in protocol development and outreach and education strategies. (d) Dissemination of information \nThe Secretary shall disseminate, in plain language and in a manner that is culturally and linguistically appropriate and easily accessible to people with disabilities and individuals with limited English proficiency, information under subsections (a) and (b), directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, Federally qualified health centers, institutions of higher learning (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), local educational agencies or State educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), or Federal, State, Tribal, or local public private partnerships. (e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2026, which shall remain available until expended.", "id": "id38737f9d463244f7aad0522306f82878", "header": "Education and dissemination of information on Long COVID", "nested": [ { "text": "(a) Long COVID public education program \nThe Secretary shall develop and disseminate to the public regularly updated information regarding Long COVID, in plain language and in a manner that is culturally and linguistically appropriate and easily accessible to people with disabilities and people with limited English proficiency, including information on— (1) the awareness, incidence, and short- and long-term health effects associated with COVID–19 infection, including Long COVID associated disability; (2) illnesses related and often comorbid with Long COVID, which may include— (A) myalgic encephalomyelitis/chronic fatigue syndrome; (B) fibromyalgia; (C) postural orthostatic tachycardia syndrome and other forms of dysautonomia; (D) autoimmune diseases associated with viral triggers; (E) connective tissue diseases exacerbated or triggered by infections; (F) mast cell activation syndrome; (G) related conditions and illnesses that may affect adults, young adults, or children; and (H) other conditions, as the Secretary determines appropriate; (3) the availability, as medically appropriate, of treatment options for Long COVID and related conditions overlapping with Long COVID identified under paragraph (2); and (4) strategies for reducing the likelihood of developing Long COVID.", "id": "id4fb762d3438e4702bafa703642c19c66", "header": "Long COVID public education program", "nested": [], "links": [] }, { "text": "(b) Long COVID provider education program \nThe Secretary, in consultation with representatives from impacted communities and health care providers who treat such communities or individuals, shall develop and disseminate to health care providers, including by developing or improving continuing medical education programs that advance the education of such providers, information on Long COVID, recommended assessment tools, including how to assess patients’ functional capacity to support applications for disability benefits, and management of Long COVID and related conditions for the purpose of ensuring that health care providers remain informed about current information on Long COVID and related conditions, including information on— (1) Long COVID symptoms such as cognitive, neurological, psychiatric, gastrointestinal, respiratory, and cardiovascular symptoms; (2) myalgic encephalomyelitis/chronic fatigue syndrome and fibromyalgia; (3) postural orthostatic tachycardia syndrome and other forms of dysautonomia; (4) autoimmune diseases associated with viral triggers; (5) connective tissue diseases exacerbated or triggered by infections; (6) mast cell activation syndrome; (7) related conditions and illnesses that may affect adults, young adults, or children; and (8) other conditions as the Secretary determines appropriate.", "id": "idBC273471AE994968B547D9F91C1A2C2D", "header": "Long COVID provider education program", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn developing and disseminating information in subsections (a) and (b), the Secretary shall ensure that— (1) guidance on Long COVID diagnostics, treatments, and care include demographic factors such as age, gender, geographic location, disability, occupation, race and ethnicity, and other factors identified by the Secretary to promote health equity; and (2) individuals with Long COVID and related conditions, and entities representing such individuals, are empowered to participate in protocol development and outreach and education strategies.", "id": "id53bf207dd4e34b7b8229154a0f0e2774", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Dissemination of information \nThe Secretary shall disseminate, in plain language and in a manner that is culturally and linguistically appropriate and easily accessible to people with disabilities and individuals with limited English proficiency, information under subsections (a) and (b), directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, Federally qualified health centers, institutions of higher learning (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), local educational agencies or State educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), or Federal, State, Tribal, or local public private partnerships.", "id": "id3fa6ba16c5b14ade8db0a4e22f880250", "header": "Dissemination of information", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(e) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2026, which shall remain available until expended.", "id": "idAC412EE77BFD49158E91AC47C4B11EE5", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "5. Interagency coordination and information dissemination on rights associated with Long COVID \n(a) In general \nThe Secretary shall convene relevant agencies to develop information and resources to make available to the public and for dissemination to individuals and communities impacted by Long COVID and related conditions to raise awareness and provide education on the impact Long COVID and related conditions may have on rights associated with employment, disability status, and education afforded under Federal and State law. (b) Collaboration and consultation \nIn developing the information and resources under subsection (a), the Secretary— (1) shall collaborate with— (A) the Secretary of Labor and the Assistant Secretary of Labor for Disability Employment Policy; (B) the Secretary of Education; (C) the Commissioner of the Social Security Administration; (D) the Secretary of Veterans Affairs; (E) the heads of relevant agencies within the Department of Health and Human Services, including— (i) the Director of the Centers for Disease Control and Prevention; (ii) the Director of the National Institutes of Health; (iii) the Administrator of the Centers for Medicare & Medicaid Services; (iv) the Administrator of the Administration for Children and Families; and (v) the Administrator of the Administration for Community Living; and (F) the heads of other Federal departments, agencies, or offices, as the Secretary determines appropriate to carry out the activities described in this section; and (2) may consult with— (A) communities and professionals impacted by high COVID–19 rates; (B) individuals with Long COVID and related conditions; (C) caregivers of individuals with Long COVID and related conditions; and (D) organizations and experts that represent the rights and interests of the groups described in subparagraphs (A), (B), and (C). (c) Information and resources developed \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the entities described in subsection (b) shall develop information and resources to include— (1) educational materials to school administrators, counselors, educators, parents, coaches, school nurses, and other school staff about Long COVID and related conditions with clear guidance on appropriate academic, social, and emotional supports and services, and the rights of students with disabilities, available to students and families; (2) guidance for employers on the rights of people with disabilities related to Long COVID and related conditions, including strategies for how employers can support such individuals in the workplace; and (3) guidance on Long COVID and related conditions as a disability, including recommendations to streamline the process of applying for benefits through the Social Security Administration, including guidance on evaluating Long COVID and related conditions for individuals under the age of 18, continuing disability reviews, and the payment of benefits under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 et seq. ). (d) Dissemination of information \nThe Secretary shall disseminate the information and resources developed under subsection (c) to— (1) States or State agencies implementing the State protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )); (2) State agencies on aging or area agencies on aging (as such terms are defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )); (3) organizations and experts that represent workers’ rights and education; and (4) other organizations and experts that represent the rights and interests of individuals with Long COVID and related conditions. (e) Appropriations \nTo carry out this section, there is authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2026, which shall remain available until expended.", "id": "idf95a22364dc64bf3ba159196437c4ba3", "header": "Interagency coordination and information dissemination on rights associated with Long COVID", "nested": [ { "text": "(a) In general \nThe Secretary shall convene relevant agencies to develop information and resources to make available to the public and for dissemination to individuals and communities impacted by Long COVID and related conditions to raise awareness and provide education on the impact Long COVID and related conditions may have on rights associated with employment, disability status, and education afforded under Federal and State law.", "id": "idbbcdbf0951794ff08d58c0a438e1f634", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Collaboration and consultation \nIn developing the information and resources under subsection (a), the Secretary— (1) shall collaborate with— (A) the Secretary of Labor and the Assistant Secretary of Labor for Disability Employment Policy; (B) the Secretary of Education; (C) the Commissioner of the Social Security Administration; (D) the Secretary of Veterans Affairs; (E) the heads of relevant agencies within the Department of Health and Human Services, including— (i) the Director of the Centers for Disease Control and Prevention; (ii) the Director of the National Institutes of Health; (iii) the Administrator of the Centers for Medicare & Medicaid Services; (iv) the Administrator of the Administration for Children and Families; and (v) the Administrator of the Administration for Community Living; and (F) the heads of other Federal departments, agencies, or offices, as the Secretary determines appropriate to carry out the activities described in this section; and (2) may consult with— (A) communities and professionals impacted by high COVID–19 rates; (B) individuals with Long COVID and related conditions; (C) caregivers of individuals with Long COVID and related conditions; and (D) organizations and experts that represent the rights and interests of the groups described in subparagraphs (A), (B), and (C).", "id": "id26c52920b3f3437083ef7b3bd83d8430", "header": "Collaboration and consultation", "nested": [], "links": [] }, { "text": "(c) Information and resources developed \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the entities described in subsection (b) shall develop information and resources to include— (1) educational materials to school administrators, counselors, educators, parents, coaches, school nurses, and other school staff about Long COVID and related conditions with clear guidance on appropriate academic, social, and emotional supports and services, and the rights of students with disabilities, available to students and families; (2) guidance for employers on the rights of people with disabilities related to Long COVID and related conditions, including strategies for how employers can support such individuals in the workplace; and (3) guidance on Long COVID and related conditions as a disability, including recommendations to streamline the process of applying for benefits through the Social Security Administration, including guidance on evaluating Long COVID and related conditions for individuals under the age of 18, continuing disability reviews, and the payment of benefits under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 et seq. ).", "id": "idb3b9b64b204a4d8a8c0092052cc22a9e", "header": "Information and resources developed", "nested": [], "links": [ { "text": "34 U.S.C. 10281 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10281" } ] }, { "text": "(d) Dissemination of information \nThe Secretary shall disseminate the information and resources developed under subsection (c) to— (1) States or State agencies implementing the State protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )); (2) State agencies on aging or area agencies on aging (as such terms are defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )); (3) organizations and experts that represent workers’ rights and education; and (4) other organizations and experts that represent the rights and interests of individuals with Long COVID and related conditions.", "id": "id0c4997e1619841fdb662690aa38ca8bc", "header": "Dissemination of information", "nested": [], "links": [ { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 3002", "legal-doc": "usc", "parsable-cite": "usc/42/3002" } ] }, { "text": "(e) Appropriations \nTo carry out this section, there is authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2026, which shall remain available until expended.", "id": "id159add9d503745db908da4a1e767cd66", "header": "Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "34 U.S.C. 10281 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10281" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 3002", "legal-doc": "usc", "parsable-cite": "usc/42/3002" } ] }, { "text": "6. Program to support legal and social service assistance for individuals with Long COVID \n(a) In general \nThe Secretary, acting through the Administrator of the Administration for Community Living, shall award grants or contracts to eligible entities for purposes of establishing or expanding medical-legal partnerships, or increasing the availability of legal assistance or social supports necessary, to provide effective aid or support to individuals with Long COVID and related conditions, and their caregivers, who are seeking assistance in obtaining or maintaining access to, or in legal matters relating to, any of the following services, at minimal or no cost to the individuals: (1) The Social Security Disability Insurance program under section 223 of the Social Security Act ( 42 U.S.C. 423 ). (2) The supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). (3) Survivors benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ). (4) Housing matters. (5) Access to medical care. (6) Access to vocational rehabilitation services under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ). (7) Access to assistive technology under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (8) Early intervention, specialized instruction, and related services and accommodations for children provided under parts B and C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ; 20 U.S.C. 1431 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (9) The low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ). (10) Employment supports. (11) Nutrition assistance. (12) Traumatic brain injury supports. (13) Other support services for low-income individuals and people with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )). (b) Eligibility for awards \n(1) In general \nTo be eligible to receive an award under this section, an entity shall— (A) be— (i) a State, or an agency implementing the State protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )); (ii) a State agency or area agency on aging (as such terms are defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )); (iii) a nonprofit entity or a publicly funded organization not acting in a governmental capacity, such as a law school; (iv) an Indian Tribe or Tribal organization; (v) an urban Indian organization; (vi) a territory; (vii) a health care provider with an existing multi-disciplinary clinic or other specialized program focused on serving individuals with Long COVID, underserved communities, or low-income patients, or with a demonstrated intent to create such a program; (viii) an entity providing legal services; or (ix) a consortium of entities described in clauses (i) through (viii); (B) agree to use the award for the purposes described in subsection (c); and (C) partner with at least one community-based organization with a demonstrated history of serving people with disabilities, including helping people with disabilities access supportive services, or a demonstrated history of serving impacted communities, including limited-English proficient communities. (2) Priority \nIn making awards under subsection (a), the Secretary shall give priority to entities described in paragraph (1) that certify in writing that any person providing legal assistance through a program supported by the award— (A) (i) has demonstrated expertise in providing legal assistance to people with disabilities; or (ii) is partnered with a person or organization that has demonstrated expertise described in clause (i); and (B) has completed, or will complete, training in connection with disability-related legal issues. (c) Use of funds \nAn eligible entity receiving an award under this section may use such award to— (1) establish or expand medical-legal partnerships or other cooperative efforts between community-based organizations, medical and social service providers, and legal assistance providers to provide legal assistance and help accessing or maintaining social services for individuals with Long COVID; (2) establish or expand efforts and projects to provide legal assistance for individuals with Long COVID by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of people with disabilities; (3) provide technical assistance to organizations or agencies for educating individuals with Long COVID, caregivers, and parents, including foster parents, caring for children with Long COVID about rights related to accommodations in employment, education, or other matters as determined by the Secretary; and (4) employ staff or educate current staff on assisting individuals with Long COVID in obtaining health care, social services, or legal services. (d) Reporting \nEligible entities receiving an award under this section shall collect data and report information to the Secretary of Health and Human Services in a manner prescribed by such Secretary. (e) Evaluation \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, which shall also be made publicly available, outlining the number of individuals who sought services offered by recipients of awards under this section and the services provided. Such report shall include a summary of activities conducted under the program under this section, and information broken down by award recipient. (f) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2024 through 2028. (2) Nonsupplantation \nAmounts made available under this section shall be used to supplement and not supplant other Federal, State, and local funds expended to further the purpose of this section.", "id": "id8d47d7ec31884fc28faf907555f3e523", "header": "Program to support legal and social service assistance for individuals with Long COVID", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Administrator of the Administration for Community Living, shall award grants or contracts to eligible entities for purposes of establishing or expanding medical-legal partnerships, or increasing the availability of legal assistance or social supports necessary, to provide effective aid or support to individuals with Long COVID and related conditions, and their caregivers, who are seeking assistance in obtaining or maintaining access to, or in legal matters relating to, any of the following services, at minimal or no cost to the individuals: (1) The Social Security Disability Insurance program under section 223 of the Social Security Act ( 42 U.S.C. 423 ). (2) The supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). (3) Survivors benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ). (4) Housing matters. (5) Access to medical care. (6) Access to vocational rehabilitation services under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ). (7) Access to assistive technology under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ). (8) Early intervention, specialized instruction, and related services and accommodations for children provided under parts B and C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ; 20 U.S.C. 1431 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (9) The low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ). (10) Employment supports. (11) Nutrition assistance. (12) Traumatic brain injury supports. (13) Other support services for low-income individuals and people with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )).", "id": "idf1eb83ae6d5f4c1b8c14cb8f062c9cd1", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 423", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" }, { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "29 U.S.C. 720 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/720" }, { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" }, { "text": "20 U.S.C. 1411 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1411" }, { "text": "20 U.S.C. 1431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1431" }, { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "42 U.S.C. 8621 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/8621" }, { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "(b) Eligibility for awards \n(1) In general \nTo be eligible to receive an award under this section, an entity shall— (A) be— (i) a State, or an agency implementing the State protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )); (ii) a State agency or area agency on aging (as such terms are defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )); (iii) a nonprofit entity or a publicly funded organization not acting in a governmental capacity, such as a law school; (iv) an Indian Tribe or Tribal organization; (v) an urban Indian organization; (vi) a territory; (vii) a health care provider with an existing multi-disciplinary clinic or other specialized program focused on serving individuals with Long COVID, underserved communities, or low-income patients, or with a demonstrated intent to create such a program; (viii) an entity providing legal services; or (ix) a consortium of entities described in clauses (i) through (viii); (B) agree to use the award for the purposes described in subsection (c); and (C) partner with at least one community-based organization with a demonstrated history of serving people with disabilities, including helping people with disabilities access supportive services, or a demonstrated history of serving impacted communities, including limited-English proficient communities. (2) Priority \nIn making awards under subsection (a), the Secretary shall give priority to entities described in paragraph (1) that certify in writing that any person providing legal assistance through a program supported by the award— (A) (i) has demonstrated expertise in providing legal assistance to people with disabilities; or (ii) is partnered with a person or organization that has demonstrated expertise described in clause (i); and (B) has completed, or will complete, training in connection with disability-related legal issues.", "id": "id62a51e1f2f0f4ebebba528d22c0c5f1a", "header": "Eligibility for awards", "nested": [], "links": [ { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 3002", "legal-doc": "usc", "parsable-cite": "usc/42/3002" } ] }, { "text": "(c) Use of funds \nAn eligible entity receiving an award under this section may use such award to— (1) establish or expand medical-legal partnerships or other cooperative efforts between community-based organizations, medical and social service providers, and legal assistance providers to provide legal assistance and help accessing or maintaining social services for individuals with Long COVID; (2) establish or expand efforts and projects to provide legal assistance for individuals with Long COVID by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of people with disabilities; (3) provide technical assistance to organizations or agencies for educating individuals with Long COVID, caregivers, and parents, including foster parents, caring for children with Long COVID about rights related to accommodations in employment, education, or other matters as determined by the Secretary; and (4) employ staff or educate current staff on assisting individuals with Long COVID in obtaining health care, social services, or legal services.", "id": "id74f5ea7c42dc4f2f949daf505b4a8f92", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(d) Reporting \nEligible entities receiving an award under this section shall collect data and report information to the Secretary of Health and Human Services in a manner prescribed by such Secretary.", "id": "idf30dfbb318b244ab808a778c0cc48cc2", "header": "Reporting", "nested": [], "links": [] }, { "text": "(e) Evaluation \nNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, which shall also be made publicly available, outlining the number of individuals who sought services offered by recipients of awards under this section and the services provided. Such report shall include a summary of activities conducted under the program under this section, and information broken down by award recipient.", "id": "id2b53809374334d85a8efce88253576cb", "header": "Evaluation", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2024 through 2028. (2) Nonsupplantation \nAmounts made available under this section shall be used to supplement and not supplant other Federal, State, and local funds expended to further the purpose of this section.", "id": "id1d48c223fa164dffb28baf2179b88e4c", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 423", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" }, { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "29 U.S.C. 720 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/720" }, { "text": "29 U.S.C. 3001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3001" }, { "text": "20 U.S.C. 1411 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1411" }, { "text": "20 U.S.C. 1431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1431" }, { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "42 U.S.C. 8621 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/8621" }, { "text": "42 U.S.C. 12102", "legal-doc": "usc", "parsable-cite": "usc/42/12102" }, { "text": "42 U.S.C. 15002", "legal-doc": "usc", "parsable-cite": "usc/42/15002" }, { "text": "42 U.S.C. 3002", "legal-doc": "usc", "parsable-cite": "usc/42/3002" } ] }, { "text": "7. Definitions \nIn this Act: (1) Indian Tribe \nThe terms Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (2) Long COVID \nThe term Long COVID means health conditions that may result, directly or indirectly, from COVID–19. (3) Urban Indian organization \nThe term urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (4) Tribal organization \nThe term Tribal organization means the recognized governing body of any Indian Tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting or making of such contract or grant", "id": "id8697477696104217aedb415d1164eb02", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5130", "legal-doc": "usc", "parsable-cite": "usc/25/5130" }, { "text": "25 U.S.C. 1603", "legal-doc": "usc", "parsable-cite": "usc/25/1603" } ] } ]

[ "Cardiovascular and respiratory health", "Congressional oversight", "Disability and paralysis", "Disability assistance", "Elementary and secondary education", "Employment discrimination and employee rights", "Government information and archives", "Government studies and investigations", "Health care coverage and access", "Health information and medical records", "Health promotion and preventive care", "Infectious and parasitic diseases", "Lawyers and legal services", "Medical education", "Medical research", "Medical tests and diagnostic methods", "Poverty and welfare assistance", "Research administration and funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Home Advantage for American Families Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion of tools to combat money laundering \n(a) In general \nSubchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: 5337. Reports on applicable residential property \n(a) Definitions \nIn this section: (1) Applicable residential property \nThe term applicable residential property means property described in section 1445(f) of the Internal Revenue Code of 1986 and which is located in any of the 15 largest metropolitan statistical areas by population (as determined by the Office of Management and Budget). (2) Foreign person \nThe term foreign person means any person that is not a citizen or permanent resident of the United States. (3) Sale of applicable residential property \nThe term sale of applicable residential property means the sale of an interest in applicable residential property. (b) Reports \nAny foreign person involved in a transaction related to the sale of applicable residential property shall submit to the Secretary of the Treasury a report with respect to the transaction or any related transaction that contains— (1) the name and any other identification information that the Secretary determines is necessary of the individual purchasing the applicable residential property; (2) the amount and source of the funds received by the seller, as determined by the Secretary; (3) the date and nature of the transaction; and (4) any other information, including the identification of the person filing the report, that the Secretary determines is necessary. (c) Regulations \nNot later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations carrying out this section.. (b) Technical and conforming amendment \nThe table of sections for chapter 53 of title 31, United States Code, is amended by adding at the end the following: 5337. Reports on applicable residential property.. (c) List of top 15 largest metropolitan statistical areas \nNot less than every 5 years, the Director of the Office of Management and Budget shall update the list of the 15 largest metropolitan statistical areas by population.", "id": "idfbcc21e9336f4316a3d50ff18d564c76", "header": "Expansion of tools to combat money laundering", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: 5337. Reports on applicable residential property \n(a) Definitions \nIn this section: (1) Applicable residential property \nThe term applicable residential property means property described in section 1445(f) of the Internal Revenue Code of 1986 and which is located in any of the 15 largest metropolitan statistical areas by population (as determined by the Office of Management and Budget). (2) Foreign person \nThe term foreign person means any person that is not a citizen or permanent resident of the United States. (3) Sale of applicable residential property \nThe term sale of applicable residential property means the sale of an interest in applicable residential property. (b) Reports \nAny foreign person involved in a transaction related to the sale of applicable residential property shall submit to the Secretary of the Treasury a report with respect to the transaction or any related transaction that contains— (1) the name and any other identification information that the Secretary determines is necessary of the individual purchasing the applicable residential property; (2) the amount and source of the funds received by the seller, as determined by the Secretary; (3) the date and nature of the transaction; and (4) any other information, including the identification of the person filing the report, that the Secretary determines is necessary. (c) Regulations \nNot later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations carrying out this section..", "id": "id337ef93877e449d8bb7f08d420d191f1", "header": "In general", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/53" }, { "text": "section 1445(f)", "legal-doc": "usc", "parsable-cite": "usc/26/1445" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of sections for chapter 53 of title 31, United States Code, is amended by adding at the end the following: 5337. Reports on applicable residential property..", "id": "idf23d426dc5e64e1882efecdd0f3db14d", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/53" } ] }, { "text": "(c) List of top 15 largest metropolitan statistical areas \nNot less than every 5 years, the Director of the Office of Management and Budget shall update the list of the 15 largest metropolitan statistical areas by population.", "id": "id33A7815678544CBC9A31A5D27EAB33CE", "header": "List of top 15 largest metropolitan statistical areas", "nested": [], "links": [] } ], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/53" }, { "text": "section 1445(f)", "legal-doc": "usc", "parsable-cite": "usc/26/1445" }, { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/53" } ] }, { "text": "5337. Reports on applicable residential property \n(a) Definitions \nIn this section: (1) Applicable residential property \nThe term applicable residential property means property described in section 1445(f) of the Internal Revenue Code of 1986 and which is located in any of the 15 largest metropolitan statistical areas by population (as determined by the Office of Management and Budget). (2) Foreign person \nThe term foreign person means any person that is not a citizen or permanent resident of the United States. (3) Sale of applicable residential property \nThe term sale of applicable residential property means the sale of an interest in applicable residential property. (b) Reports \nAny foreign person involved in a transaction related to the sale of applicable residential property shall submit to the Secretary of the Treasury a report with respect to the transaction or any related transaction that contains— (1) the name and any other identification information that the Secretary determines is necessary of the individual purchasing the applicable residential property; (2) the amount and source of the funds received by the seller, as determined by the Secretary; (3) the date and nature of the transaction; and (4) any other information, including the identification of the person filing the report, that the Secretary determines is necessary. (c) Regulations \nNot later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations carrying out this section.", "id": "idC4041478598E45BB953990EC9D169920", "header": "Reports on applicable residential property", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Applicable residential property \nThe term applicable residential property means property described in section 1445(f) of the Internal Revenue Code of 1986 and which is located in any of the 15 largest metropolitan statistical areas by population (as determined by the Office of Management and Budget). (2) Foreign person \nThe term foreign person means any person that is not a citizen or permanent resident of the United States. (3) Sale of applicable residential property \nThe term sale of applicable residential property means the sale of an interest in applicable residential property.", "id": "id9CEBA92ABBC2420B990720F3B5BCD13F", "header": "Definitions", "nested": [], "links": [ { "text": "section 1445(f)", "legal-doc": "usc", "parsable-cite": "usc/26/1445" } ] }, { "text": "(b) Reports \nAny foreign person involved in a transaction related to the sale of applicable residential property shall submit to the Secretary of the Treasury a report with respect to the transaction or any related transaction that contains— (1) the name and any other identification information that the Secretary determines is necessary of the individual purchasing the applicable residential property; (2) the amount and source of the funds received by the seller, as determined by the Secretary; (3) the date and nature of the transaction; and (4) any other information, including the identification of the person filing the report, that the Secretary determines is necessary.", "id": "idBC425AA7377F42BE98B2F8C0E468EABC", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Regulations \nNot later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations carrying out this section.", "id": "id8470FDC2D7B643959BD43F2D8D157D7F", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "section 1445(f)", "legal-doc": "usc", "parsable-cite": "usc/26/1445" } ] }, { "text": "3. Increased withholding on sale disposition of certain United States real property interests \n(a) In general \nSection 1445 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) Special rule for certain dispositions of residential real property \n(1) In general \nIn the case of the disposition of any applicable residential property, subsection (a) shall be applied by substituting 30 percent for 15 percent. (2) Applicable residential property \nFor purposes of this subsection, the term applicable residential property means any interest which— (A) is an interest described in section 897(c)(1)(A)(i), and (B) is an interest in residential real property.. (b) Effective date \nThe amendments made by subsection (a) shall apply to dispositions after the date which is 60 days after the date of the enactment of this Act.", "id": "idAB2C3E36389D4192BD9C36BDF153B59C", "header": "Increased withholding on sale disposition of certain United States real property interests", "nested": [ { "text": "(a) In general \nSection 1445 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) Special rule for certain dispositions of residential real property \n(1) In general \nIn the case of the disposition of any applicable residential property, subsection (a) shall be applied by substituting 30 percent for 15 percent. (2) Applicable residential property \nFor purposes of this subsection, the term applicable residential property means any interest which— (A) is an interest described in section 897(c)(1)(A)(i), and (B) is an interest in residential real property..", "id": "id1A80E3AEF3F440549BFF81AF3490CEBE", "header": "In general", "nested": [], "links": [ { "text": "Section 1445", "legal-doc": "usc", "parsable-cite": "usc/26/1445" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply to dispositions after the date which is 60 days after the date of the enactment of this Act.", "id": "id0487F50A22C04CD3AA5519EA47059494", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 1445", "legal-doc": "usc", "parsable-cite": "usc/26/1445" } ] }, { "text": "4. Increase in low-income housing tax credit State ceiling \n(a) In general \nSection 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended by striking plus at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , plus , and by inserting after clause (iv) the following: (v) the qualified single-family housing amount determined under subparagraph (J).. (b) Qualified single-Family housing amount \n(1) In general \nSection 42(h)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (J) Qualified single-family housing amount \nThe qualified single-family housing amount determined under this subparagraph for any calendar year is an amount equal to the sum of— (i) 10 percent of the amount determined under subparagraph (C)(ii) for such calendar year (determined after application of subparagraph (H)), (ii) the excess (if any) of the amount described in clause (i) for the preceding calendar year over the amounts allocated to projects described in paragraph (9) for such preceding calendar year, (iii) the amount allocated within the State (not in excess of the amount determined under this subparagraph for the preceding calendar year reduced by the amount described in clause (ii) for the second preceding calendar year) for any project— (I) which is described in paragraph (9) and which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made, (II) which does not become a qualified low-income housing project described in paragraph (9) within the period required by this section or the terms of the allocation, or (III) which is described in paragraph (9) and with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient, plus (iv) the amount, if any, determined under subparagraph (D), applied— (I) by substituting unused qualified single-family housing carryover for unused housing credit carryover in clause (i) thereof, (II) without regard to clause (ii) thereof, (III) by substituting unused qualified single-family housing carryovers for unused housing credit carryovers in clause (iii) thereof, and (IV) by substituting an amount equal to its entire qualified single-family housing amount to projects described in paragraph (9) for entire State housing credit ceiling (determined without regard to amounts described in subparagraph (C)(v)) in clause (iv)(I) thereof.. (2) Conforming amendments \n(A) Section 42(h)(3)(C) of such Code is amended by inserting (other than amounts allocated from the qualified single-family housing amount) after the housing credit dollar amount previously allocated within the State. (B) Section 42(h)(3)(D) of such Code is amended by inserting (determined without regard to amounts described in subparagraph (C)(v)) after entire State housing credit ceiling. (c) Set aside of increased amounts \nSection 42(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (9) Set aside of qualified single-family housing amount \nThe portion of the State housing credit ceiling which is equal to the qualified single-family housing amount for any calendar year shall be allocated to projects consisting of 1 to 4 dwelling units that are located in qualified census tracts (as defined in subsection (d)(5)(B)(i)).. (d) Effective date \nThe amendments made by this section shall apply to allocations made for calendar years beginning after the date of the enactment of this Act.", "id": "id3DEA41291B1542C1BE73FE841B3734C3", "header": "Increase in low-income housing tax credit State ceiling", "nested": [ { "text": "(a) In general \nSection 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended by striking plus at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , plus , and by inserting after clause (iv) the following: (v) the qualified single-family housing amount determined under subparagraph (J)..", "id": "idEC82A60DC42846A08030E5F77B1FE277", "header": "In general", "nested": [], "links": [ { "text": "Section 42(h)(3)(C)", "legal-doc": "usc", "parsable-cite": "usc/26/42" } ] }, { "text": "(b) Qualified single-Family housing amount \n(1) In general \nSection 42(h)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (J) Qualified single-family housing amount \nThe qualified single-family housing amount determined under this subparagraph for any calendar year is an amount equal to the sum of— (i) 10 percent of the amount determined under subparagraph (C)(ii) for such calendar year (determined after application of subparagraph (H)), (ii) the excess (if any) of the amount described in clause (i) for the preceding calendar year over the amounts allocated to projects described in paragraph (9) for such preceding calendar year, (iii) the amount allocated within the State (not in excess of the amount determined under this subparagraph for the preceding calendar year reduced by the amount described in clause (ii) for the second preceding calendar year) for any project— (I) which is described in paragraph (9) and which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made, (II) which does not become a qualified low-income housing project described in paragraph (9) within the period required by this section or the terms of the allocation, or (III) which is described in paragraph (9) and with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient, plus (iv) the amount, if any, determined under subparagraph (D), applied— (I) by substituting unused qualified single-family housing carryover for unused housing credit carryover in clause (i) thereof, (II) without regard to clause (ii) thereof, (III) by substituting unused qualified single-family housing carryovers for unused housing credit carryovers in clause (iii) thereof, and (IV) by substituting an amount equal to its entire qualified single-family housing amount to projects described in paragraph (9) for entire State housing credit ceiling (determined without regard to amounts described in subparagraph (C)(v)) in clause (iv)(I) thereof.. (2) Conforming amendments \n(A) Section 42(h)(3)(C) of such Code is amended by inserting (other than amounts allocated from the qualified single-family housing amount) after the housing credit dollar amount previously allocated within the State. (B) Section 42(h)(3)(D) of such Code is amended by inserting (determined without regard to amounts described in subparagraph (C)(v)) after entire State housing credit ceiling.", "id": "id6F29278243A14ADD834A0FD6229BEB53", "header": "Qualified single-Family housing amount", "nested": [], "links": [ { "text": "Section 42(h)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/42" } ] }, { "text": "(c) Set aside of increased amounts \nSection 42(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (9) Set aside of qualified single-family housing amount \nThe portion of the State housing credit ceiling which is equal to the qualified single-family housing amount for any calendar year shall be allocated to projects consisting of 1 to 4 dwelling units that are located in qualified census tracts (as defined in subsection (d)(5)(B)(i))..", "id": "idABD592C9DCE44C06B91A2C7758168017", "header": "Set aside of increased amounts", "nested": [], "links": [ { "text": "Section 42(h)", "legal-doc": "usc", "parsable-cite": "usc/26/42" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to allocations made for calendar years beginning after the date of the enactment of this Act.", "id": "idDDC2456A1BAF4C1CB59839590212DECE", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 42(h)(3)(C)", "legal-doc": "usc", "parsable-cite": "usc/26/42" }, { "text": "Section 42(h)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/42" }, { "text": "Section 42(h)", "legal-doc": "usc", "parsable-cite": "usc/26/42" } ] } ]

[ "Foreign property", "Government information and archives", "Housing finance and home ownership", "Income tax credits", "Low- and moderate-income housing", "Real estate business", "Tax administration and collection, taxpayers", "U.S. and foreign investments" ]

[ { "text": "1. Short title \nThis Act may be cited as the Fire Suppression and Response Funding Assurance Act.", "id": "HF0BCFDD24DBA4BE88FB89F0924845922", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Fire management assistance cost share and eligible activities \n(a) In general \nSection 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ) is amended— (1) by redesignating subsection (e) as subsection (g) (f) ; and (2) by inserting after subsection (d) the following: (e) Federal share \nThe Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance. ”. (f) Eligible expense \nA State or local government may use assistance provided under this section for the predeployment of assets and resources.. (b) Applicability \nThe amendments made by subsection (a) shall only apply to amounts appropriated on or after the date of enactment of this Act.", "id": "HAE9B0E83B0FE43368E549F73D3940950", "header": "Fire management assistance cost share and eligible activities", "nested": [ { "text": "(a) In general \nSection 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ) is amended— (1) by redesignating subsection (e) as subsection (g) (f) ; and (2) by inserting after subsection (d) the following: (e) Federal share \nThe Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance. ”. (f) Eligible expense \nA State or local government may use assistance provided under this section for the predeployment of assets and resources..", "id": "id05730C05CCA342AEBA9C39BAE0C3D7F6", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 5187", "legal-doc": "usc", "parsable-cite": "usc/42/5187" } ] }, { "text": "(b) Applicability \nThe amendments made by subsection (a) shall only apply to amounts appropriated on or after the date of enactment of this Act.", "id": "idbe2ea39126b8482ea75300ee69bfc286", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5187", "legal-doc": "usc", "parsable-cite": "usc/42/5187" } ] }, { "text": "3. Rulemaking \nNot later than 3 years after the date of enactment of this Act, the President, acting through the Administrator of the Federal Emergency Management Agency, shall conduct and complete a rulemaking to provide criteria for the circumstances under which the Administrator may recommend the President increase the Federal cost share for section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ).", "id": "H0449B294B078411CA9A28501BF8A255F", "header": "Rulemaking", "nested": [], "links": [ { "text": "42 U.S.C. 5187", "legal-doc": "usc", "parsable-cite": "usc/42/5187" } ] }, { "text": "4. Policy update \nThe Administrator of the Federal Emergency Management Agency shall update the policy for grants made under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ), consistent with assistance provided under a major disaster and emergency declaration under that Act, to provide that predeployment of domestic assets by States, local, and Tribal governments may be eligible for reimbursement under such section 420.", "id": "idef0705a5852e476fa9064059f2036131", "header": "Policy update", "nested": [], "links": [ { "text": "42 U.S.C. 5187", "legal-doc": "usc", "parsable-cite": "usc/42/5187" } ] } ]

[ "Administrative law and regulatory procedures", "Disaster relief and insurance", "Federal Emergency Management Agency (FEMA)", "Fires", "Forests, forestry, trees", "Natural disasters", "State and local finance", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Neighborhood Tree Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) the presence of a healthy and well-maintained urban forest can— (A) support— (i) the physical and mental health of community residents; (ii) the regulation of air quality; (iii) the mitigation of the urban heat island effect; (iv) the reduction of energy demand; and (v) stormwater management; and (B) provide other benefits; (2) according to research of the Forest Service, the estimated value of benefits described in paragraph (1) exceeds $18,000,000,000; (3) the maintenance and management of an urban forest offers additional opportunities relating to workforce development, job creation, and enhancement of property values; (4) urban forest canopy cover is inequitably distributed among racial groups and income levels, exacerbating disparities in exposure, for example, to the urban heat island effect and in related health risks or financial burdens relating to cooling; (5) the effects of historical discriminatory policies, such as redlining, continue to have effects on urban environments; (6) a recent analysis shows that— (A) urbanized neighborhoods with mostly people of color have 33 percent less tree canopy on average than majority white neighborhoods; and (B) low-income neighborhoods have 41 percent less tree cover than neighborhoods with low rates of poverty; (7) additional analyses of cities in the United States found that— (A) communities primarily inhabited by United States-born, white populations contain more than twice the urban forest canopy cover of communities primarily inhabited by racial and ethnic minorities; and (B) there were elevated land temperatures in formerly redlined areas compared to their nonredlined counterparts, by an average 2.6 degrees Celsius and up to 7 degrees Celsius; and (8) to reduce disparities in the enjoyment of the social, environmental, and economic benefits of healthy and well-maintained urban forests and manage risks relating to heat exposure and other urban stressors, the Federal Government should accelerate actions to enhance the health and resilience of urban forests, with investment in priority communities.", "id": "idE042C9097306492E8693DFFBBE502A2A", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Neighborhood Tree Fund \nSection 9 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105 ) is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: (h) Neighborhood Tree Fund \n(1) In general \nConsistent with the purposes described in subsection (b), the Secretary shall establish the Neighborhood Tree Fund (referred to in this subsection as the Fund ). (2) Assistance \nThe Secretary shall use amounts from the Fund to provide assistance to eligible entities described in paragraph (3) to increase and improve the overall health of the tree canopy in a community. (3) Eligibility \nAn entity that is eligible to receive assistance under paragraph (2) is— (A) a State; (B) an Indian Tribe; and (C) a local unit of government, approved organization, or local community tree volunteer group described in subsection (b)(4). (4) Requirements \nThe Secretary, in consultation with the Secretary of Housing and Urban Development, shall establish requirements for the receipt of assistance under paragraph (2), including requirements with respect to— (A) engagement with communities and stakeholders; (B) the conduct of a tree canopy assessment; (C) the use of climate change science in the design of a project using the assistance; (D) the conduct of site preparation and tree species selection; and (E) the conduct of monitoring and maintenance to ensure the successful establishment of the tree canopy. (5) Priority \nThe Secretary shall give priority to the provision of assistance under paragraph (2) to eligible entities that propose projects that— (A) include and prioritize tree planting and tree maintenance in— (i) a census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018, including such a census tract that includes an area that was designated as hazardous or definitely declining in maps drawn by the Home Owners’ Loan Corporation; or (ii) a community or neighborhood with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities or neighborhoods, as determined by the Secretary, based on publicly available information; or (B) optimize outcomes for climate mitigation and resilience for the purpose of public health, as determined by the Secretary. (6) Limitations on use of amounts for community tree assessments \nNot more than 10 percent of the amount made available under paragraph (7) for a fiscal year may be used for the development of community tree assessments. (7) Authorization of appropriations \nThere are authorized to be appropriated for deposit into the Fund, for use by the Secretary to carry out this subsection, not less than— (A) $100,000,000 for fiscal year 2024; (B) $200,000,000 for fiscal year 2025; (C) $400,000,000 for fiscal year 2026; (D) $600,000,000 for fiscal year 2027; and (E) $700,000,000 for fiscal year 2028..", "id": "idA8C235B99D1B40B9B3B99B0A7C55E411", "header": "Neighborhood Tree Fund", "nested": [], "links": [ { "text": "16 U.S.C. 2105", "legal-doc": "usc", "parsable-cite": "usc/16/2105" } ] }, { "text": "4. National Urban and Community Forestry Advisory Council composition \nSection 9(g)(2)(A) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105(g)(2)(A) ) is amended— (1) in the matter preceding clause (i), by striking 15 and inserting 16 ; (2) in each of clauses (i) through (viii), by striking the comma at the end and inserting a period; (3) in clause (ix), by striking , and at the end and inserting a period; and (4) by striking clause (x) and inserting the following: (x) 3 members who are not officers or employees of any governmental body and who have expertise and have been active in urban and community forestry, of whom— (I) 1 is a resident of a community with a population of less than 50,000 as of the most recent census; and (II) 1 is a resident of a low-income community, as determined by the Secretary..", "id": "id582E8F16132F4749842C65943267EDFC", "header": "National Urban and Community Forestry Advisory Council composition", "nested": [], "links": [ { "text": "16 U.S.C. 2105(g)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/16/2105" } ] } ]

[ "Advisory bodies", "Community life and organization", "Congressional oversight", "Crime prevention", "Crime victims", "Department of Health and Human Services", "Employment and training programs", "Executive agency funding and structure", "Firearms and explosives", "Government information and archives", "Government studies and investigations", "Health facilities and institutions", "Intergovernmental relations", "Performance measurement", "Policy sciences", "Racial and ethnic relations", "Social work, volunteer service, charitable organizations", "Violent crime", "Youth employment and child labor" ]

[ { "text": "1. Short title \nThis Act may be cited as the Honest Ads Act.", "id": "H80033C540C15426BA72C35B034BC686E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court’s well-established standard that the electorate bears the right to be fully informed.", "id": "HB123F775154444788F35B2130B1BB5CA", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Findings \nCongress makes the following findings: (1) In 2002, the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–155 ) became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking. The Court reaffirmed this conclusion in 2010 by an 8–1 vote. (2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online. (3) According to studies from AdImpact and Borrell Associates, in 2020, an estimated $1,700,000,000 was spent on online political advertising, more than 10 times the amount spent in 2012. (4) In order to enhance transparency of all political advertisement funding, it is prudent to extend to online internet platforms the same types of political advertisement disclosure requirements applicable to broadcast television and radio stations, and providers of cable and satellite television. (5) Effective and complete transparency for voters must include information about the true and original source of money given, transferred, and spent on political advertisements made online. (6) Requiring the disclosure of this information is a necessary and narrowly tailored means to inform the voting public of who is behind digital advertising disseminated to influence their votes and to enable the Federal Election Commission and the Department of Justice to detect and prosecute illegal foreign spending on local, State, and Federal elections and other campaign finance violations. (7) Paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people, the availability of sophisticated microtargeting, and the ease with which online advertisers, particularly those located outside the United States, can evade disclosure requirements. Requiring large online platforms to maintain public files of information about the online political ads they disseminate is the best and least restrictive means to ensure the voting public has complete information about who is trying to influence their votes and to aid enforcement of other laws, including the prohibition on foreign money in domestic campaigns. (8) The reach of a few large internet platforms—larger than any broadcast, satellite, or cable provider—has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 247,000,000 American users—over 153,000,000 of them on a daily basis. By contrast, the largest cable television provider has 16,142,000 subscribers, while the largest satellite television provider has 13,300,000 subscribers. And the most-watched television broadcast in United States history had 118,000,000 viewers. (9) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (10) Large social media platforms are the only entities in possession of certain key data related to paid online ads, including the exact audience targeted by those ads and their number of impressions. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations. (11) Paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns—even those that rely on large amounts of unpaid content—because such ads allow foreign actors to test the effectiveness of different messages, expose their messages to audiences who have not sought out such content, and recruit audiences for future campaigns and posts. (12) A 2019 Senate Select Committee on Intelligence’s Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia’s Use of Social Media with Additional Views, the Committee recommended that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. The same requirements should apply online. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference.. (13) On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. The declassified report found: Throughout the election cycle, Russia’s online influence actors sought to affect U.S. public perceptions of the candidates, as well as advance Moscow’s longstanding goals of undermining confidence in U.S. election processes and increasing sociopolitical divisions among the American people. The report also determined that Iran sought to influence the election by creating and amplifying social media content that criticized [candidates]. (14) According to a Wall Street Journal report in April 2021, voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases. These ad-buys, including those diminishing major human rights violations like the Uighur genocide, are under-reported by foreign government purchasers, with no substantial oversight or repercussions from the platforms. (15) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People’s Republic of China. An April 2021 Wall Street Journal report noted that the Chinese Government and Chinese State-owned enterprises are major purchasers of ads on the U.S.’s largest social media platform, including to advance Chinese propaganda. (16) Large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms. (17) The Federal Election Commission's current regulations on political advertisements do not provide sufficient transparency to uphold the public’s right to be fully informed about political advertisements made online.", "id": "id342699F8E6B3481E934D81D5FC8CB4FA", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 107–155", "legal-doc": "public-law", "parsable-cite": "pl/107/155" } ] }, { "text": "4. Sense of Congress \nIt is the sense of Congress that— (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements, be they foreign or domestic, in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals.", "id": "HF334E453717C42DFACAE9AB41ADDC0C9", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "5. Expansion of definition of public communication \n(a) In general \nParagraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ) is amended by striking or satellite communication and inserting satellite, paid internet, or paid digital communication. (b) Treatment of contributions and expenditures \nSection 301 of such Act ( 52 U.S.C. 30101 ) is amended— (1) in paragraph (8)(B)(v), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication ; and (2) in paragraph (9)(B)— (A) by amending clause (i) to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, periodical, blog, or platform, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; ; and (B) in clause (iv), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication. (c) Disclosure and disclaimer statements \nSubsection (a) of section 318 of such Act ( 52 U.S.C. 30120 ) is amended— (1) by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication ; and (2) by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication. (d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e). (e) Regulation \nNot later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication.", "id": "H7963913BCB034B818CE50E4747F4353E", "header": "Expansion of definition of public communication", "nested": [ { "text": "(a) In general \nParagraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ) is amended by striking or satellite communication and inserting satellite, paid internet, or paid digital communication.", "id": "H635E8D33F5EC4B4C937949203734668A", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Treatment of contributions and expenditures \nSection 301 of such Act ( 52 U.S.C. 30101 ) is amended— (1) in paragraph (8)(B)(v), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication ; and (2) in paragraph (9)(B)— (A) by amending clause (i) to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, periodical, blog, or platform, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; ; and (B) in clause (iv), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication.", "id": "H4E4C24F2769E4BD6BC727B9FB892D67F", "header": "Treatment of contributions and expenditures", "nested": [], "links": [ { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Disclosure and disclaimer statements \nSubsection (a) of section 318 of such Act ( 52 U.S.C. 30120 ) is amended— (1) by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication ; and (2) by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication.", "id": "H9A04CBB2D44F49A3843F8775D4126E86", "header": "Disclosure and disclaimer statements", "nested": [], "links": [ { "text": "52 U.S.C. 30120", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e).", "id": "idD12B756CE15C44859506C82FF0F8AA27", "header": "Effective date", "nested": [], "links": [] }, { "text": "(e) Regulation \nNot later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication.", "id": "H1094755A1B6D4281B83DB7B64E1682FF", "header": "Regulation", "nested": [], "links": [ { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] } ], "links": [ { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30120", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "6. Expansion of definition of electioneering communication \n(a) Expansion to online communications \n(1) Application to qualified Internet and digital communications \n(A) In general \nSubparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3)(A) ) is amended by striking or satellite communication each place it appears in clauses (i) and (ii) and inserting satellite, or qualified internet or digital communication. (B) Qualified internet or digital communication \nParagraph (3) of section 304(f) of such Act ( 52 U.S.C. 30104(f) ) is amended by adding at the end the following new subparagraph: (D) Qualified internet or digital communication \nThe term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (j)(3)).. (2) Nonapplication of relevant electorate to online communications \nSection 304(f)(3)(A)(i)(III) of such Act ( 52 U.S.C. 30104(f)(3)(A)(i)(III) ) is amended by inserting any broadcast, cable, or satellite before communication. (3) News exemption \nSection 304(f)(3)(B)(i) of such Act ( 52 U.S.C. 30104(f)(3)(B)(i) ) is amended to read as follows: (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, publication, periodical, blog, or platform, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;. (b) Effective date \nThe amendments made by this section shall apply with respect to communications made on or after January 1, 2024, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "H9C195DE6CE3B40AB98EA5C541F69C46E", "header": "Expansion of definition of electioneering communication", "nested": [ { "text": "(a) Expansion to online communications \n(1) Application to qualified Internet and digital communications \n(A) In general \nSubparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3)(A) ) is amended by striking or satellite communication each place it appears in clauses (i) and (ii) and inserting satellite, or qualified internet or digital communication. (B) Qualified internet or digital communication \nParagraph (3) of section 304(f) of such Act ( 52 U.S.C. 30104(f) ) is amended by adding at the end the following new subparagraph: (D) Qualified internet or digital communication \nThe term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (j)(3)).. (2) Nonapplication of relevant electorate to online communications \nSection 304(f)(3)(A)(i)(III) of such Act ( 52 U.S.C. 30104(f)(3)(A)(i)(III) ) is amended by inserting any broadcast, cable, or satellite before communication. (3) News exemption \nSection 304(f)(3)(B)(i) of such Act ( 52 U.S.C. 30104(f)(3)(B)(i) ) is amended to read as follows: (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, publication, periodical, blog, or platform, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;.", "id": "H7B5F548A61FE4D44853C9D198F2960A0", "header": "Expansion to online communications", "nested": [], "links": [ { "text": "52 U.S.C. 30104(f)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(f)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(f)(3)(A)(i)(III)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(f)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply with respect to communications made on or after January 1, 2024, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "HF936EF8CA290412F8E7A1E2DB7F06DAF", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104(f)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(f)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(f)(3)(A)(i)(III)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(f)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "7. Application of disclaimer statements to online communications \n(a) Clear and conspicuous manner requirement \nSubsection (a) of section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended— (1) by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner ; and (2) by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.. (b) Special rules for qualified Internet or digital communications \n(1) In general \nSection 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Special rules for qualified internet or digital communications \n(1) Special rules with respect to statements \nIn the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— (A) state the name of the person who paid for the communication; and (B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. (2) Safe harbor for determining clear and conspicuous manner \nA statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: (A) Text or graphic communications \nIn the case of a text or graphic communication, the statement— (i) appears in letters at least as large as the majority of the text in the communication; and (ii) meets the requirements of paragraphs (2) and (3) of subsection (c). (B) Audio communications \nIn the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (C) Video communications \nIn the case of a video communication which also includes audio, the statement— (i) is included at either the beginning or the end of the communication; and (ii) is made both in— (I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (II) an audible format that meets the requirements of subparagraph (B). (D) Other communications \nIn the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).. (2) Nonapplication of certain exceptions \nThe exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of additional requirements for certain communications \nSection 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format. (d) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "HEA2A7C68B85B49059619977C73111C10", "header": "Application of disclaimer statements to online communications", "nested": [ { "text": "(a) Clear and conspicuous manner requirement \nSubsection (a) of section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended— (1) by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner ; and (2) by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked..", "id": "HBD19E800DA194B12A7914246FFBA95EF", "header": "Clear and conspicuous manner requirement", "nested": [], "links": [ { "text": "52 U.S.C. 30120(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(b) Special rules for qualified Internet or digital communications \n(1) In general \nSection 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Special rules for qualified internet or digital communications \n(1) Special rules with respect to statements \nIn the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— (A) state the name of the person who paid for the communication; and (B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. (2) Safe harbor for determining clear and conspicuous manner \nA statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: (A) Text or graphic communications \nIn the case of a text or graphic communication, the statement— (i) appears in letters at least as large as the majority of the text in the communication; and (ii) meets the requirements of paragraphs (2) and (3) of subsection (c). (B) Audio communications \nIn the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (C) Video communications \nIn the case of a video communication which also includes audio, the statement— (i) is included at either the beginning or the end of the communication; and (ii) is made both in— (I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (II) an audible format that meets the requirements of subparagraph (B). (D) Other communications \nIn the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).. (2) Nonapplication of certain exceptions \nThe exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971).", "id": "HD2389611D98A470297EBC4062829E979", "header": "Special rules for qualified Internet or digital communications", "nested": [], "links": [ { "text": "52 U.S.C. 30120", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(c) Modification of additional requirements for certain communications \nSection 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format.", "id": "H525217F1144D485E8CC8152BA3335D85", "header": "Modification of additional requirements for certain communications", "nested": [], "links": [ { "text": "52 U.S.C. 30120(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(d) Effective date \nThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "idCE6C7D9EB7414FF781D501ED8A75A0A5", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30120(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "8. Political record requirements for online platforms \n(a) In general \nSection 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended by adding at the end the following new subsection: (j) Disclosure of certain online advertisements \n(1) In general \n(A) Requirements for online platforms \n(i) In general \nAn online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any qualified political advertisement which is purchased by a person whose aggregate purchases of qualified political advertisements on such online platform during the calendar year exceeds $500. (ii) Requirement relating to political ads sold by third party advertising vendors \nAn online platform that displays a qualified political advertisement sold by a third party advertising vendor shall include on its own platform— (I) an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement; or (II) in any case in which the third party advertising vendor does not make such records available, a statement that no records from the third party advertising vendors records are available. (B) Requirements for advertisers \nAny person who purchases a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). (2) Contents of record \nA record maintained under paragraph (1)(A) shall contain— (A) a digital copy of the qualified political advertisement; (B) a description of the audience that received the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and (C) information regarding— (i) the total cost of the advertisement (which may be rounded to the nearest $100); (ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); (iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and (iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. (3) Online platform \n(A) In general \nFor purposes of this subsection, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption \nSuch term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined \nFor purposes of this subsection, the term third-party advertising vendor includes any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. (4) Qualified political advertisement \nFor purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— (A) is made by or on behalf of a candidate; or (B) communicates a message relating to any political matter of national importance, including— (i) a candidate; (ii) any election to Federal office; or (iii) a national legislative issue of public importance. (5) Time to maintain file \nThe information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. (6) Special rule \nFor purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient’s name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement. (7) Penalties \nFor penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.. (b) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (c). (c) Rulemaking \nNot later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules— (1) for determining whether an advertisement communicates a national legislative issue for purposes of section 304(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)); (2) requiring common data formats for the record required to be maintained under such section 304(j) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (3) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. (d) Reporting \nNot later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on— (1) matters relating to compliance with and the enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free.", "id": "H0C9632E04C794327A22175C1F2DF3A30", "header": "Political record requirements for online platforms", "nested": [ { "text": "(a) In general \nSection 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended by adding at the end the following new subsection: (j) Disclosure of certain online advertisements \n(1) In general \n(A) Requirements for online platforms \n(i) In general \nAn online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any qualified political advertisement which is purchased by a person whose aggregate purchases of qualified political advertisements on such online platform during the calendar year exceeds $500. (ii) Requirement relating to political ads sold by third party advertising vendors \nAn online platform that displays a qualified political advertisement sold by a third party advertising vendor shall include on its own platform— (I) an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement; or (II) in any case in which the third party advertising vendor does not make such records available, a statement that no records from the third party advertising vendors records are available. (B) Requirements for advertisers \nAny person who purchases a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). (2) Contents of record \nA record maintained under paragraph (1)(A) shall contain— (A) a digital copy of the qualified political advertisement; (B) a description of the audience that received the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and (C) information regarding— (i) the total cost of the advertisement (which may be rounded to the nearest $100); (ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); (iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and (iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. (3) Online platform \n(A) In general \nFor purposes of this subsection, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption \nSuch term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined \nFor purposes of this subsection, the term third-party advertising vendor includes any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. (4) Qualified political advertisement \nFor purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— (A) is made by or on behalf of a candidate; or (B) communicates a message relating to any political matter of national importance, including— (i) a candidate; (ii) any election to Federal office; or (iii) a national legislative issue of public importance. (5) Time to maintain file \nThe information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. (6) Special rule \nFor purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient’s name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement. (7) Penalties \nFor penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309..", "id": "H906A0CE204B24A8195B2AE3A683539A5", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (c).", "id": "id944F7296710C438BBD6F3D9FF390FF61", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Rulemaking \nNot later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules— (1) for determining whether an advertisement communicates a national legislative issue for purposes of section 304(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)); (2) requiring common data formats for the record required to be maintained under such section 304(j) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (3) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date.", "id": "H2B8C88926D854E9498978B0F3C157BE6", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(d) Reporting \nNot later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on— (1) matters relating to compliance with and the enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free.", "id": "H5AC69E97E11744559501E7287D4FE3C1", "header": "Reporting", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "9. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising \nSection 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Responsibilities of broadcast stations, providers of cable and satellite television, and online platforms \n(1) In general \nEach television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(j)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. (2) Regulations \nNot later than 1 year after the date of the enactment of this subsection, the Commission shall promulgate regulations on what constitutes reasonable efforts under paragraph (1)..", "id": "HD8C12BDD65BF4E16AB1079F2FF1E475E", "header": "Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising", "nested": [], "links": [ { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "10. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared \n(a) In general \nSection 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 8(a), is amended by adding at the end the following new subsection: (k) Ensuring display and sharing of sponsor identification in online political advertisements \n(1) Requirement \nAny online platform that displays a qualified political advertisement (regardless of whether such qualified political advertisement was purchased directly from the online platform) shall— (A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and (B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. (2) Safe harbor \nAn online platform shall not be treated as having failed to comply with the requirements of paragraph (1)(A) for the misidentification of a person as the sponsor of the advertisement if— (A) the person placing the online advertisement designated the person displayed in the advertisement as the sponsor; and (B) the online platform relied on such designation in good faith. (3) Definitions \nIn this subsection— (A) the term online platform has the meaning given such term in subsection (j)(3); (B) the term ‘ qualified political advertisement has the meaning given such term in subsection (j)(4); and (C) the term sponsor means the person purchasing the advertisement.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120–day period which begins on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "HCCA1059250A54F7FAC6F50439291C366", "header": "Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared", "nested": [ { "text": "(a) In general \nSection 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 8(a), is amended by adding at the end the following new subsection: (k) Ensuring display and sharing of sponsor identification in online political advertisements \n(1) Requirement \nAny online platform that displays a qualified political advertisement (regardless of whether such qualified political advertisement was purchased directly from the online platform) shall— (A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and (B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. (2) Safe harbor \nAn online platform shall not be treated as having failed to comply with the requirements of paragraph (1)(A) for the misidentification of a person as the sponsor of the advertisement if— (A) the person placing the online advertisement designated the person displayed in the advertisement as the sponsor; and (B) the online platform relied on such designation in good faith. (3) Definitions \nIn this subsection— (A) the term online platform has the meaning given such term in subsection (j)(3); (B) the term ‘ qualified political advertisement has the meaning given such term in subsection (j)(4); and (C) the term sponsor means the person purchasing the advertisement..", "id": "H541B11B4E3744E889D842E4E85C414D8", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120–day period which begins on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "HC62BDA15668D4C8E962F62C5A0B9A0F7", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] } ]

[ "Administrative law and regulatory procedures", "Broadcasting, cable, digital technologies", "Computers and information technology", "Congressional oversight", "Digital media", "Elections, voting, political campaign regulation", "Federal Election Commission (FEC)", "Government information and archives", "Internet, web applications, social media", "News media and reporting", "Political advertising", "Television and film", "U.S. and foreign investments" ]

[ { "text": "1. Short title \nThis Act may be cited as the Survival Aid For Emergencies through Medicare Act or the SAFE through Medicare Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medicare coverage of medically necessary home resiliency services \n(a) Coverage \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) in subparagraph (II), by striking and at the end; (B) in subparagraph (JJ), by inserting and at the end; and (C) by adding at the end the following new subparagraph: (KK) in the case of an individual who is medically at-risk in the event of a climate or manmade disaster (as determined by the Secretary in accordance with subsection (nnn)), home resiliency services (as defined in such subsection); ; and (2) by adding at the end the following new subsection: (nnn) Home resiliency services; determination of individuals medically at-Risk \n(1) Home resiliency services \nThe term home resiliency services means items and services— (A) furnished on or after January 1, 2024, to an individual described in subsection (s)(2)(KK); and (B) that the Secretary determines are medically necessary for such individual in the case of a climate or manmade disaster, such as a heat pump for an individual vulnerable to extreme temperatures, solar batteries for an individual reliant on electrical medical equipment (including home mechanical ventilators), and energy efficient cold-storage for heat-sensitive medical supplies. (2) Determination of individuals medically at-risk \nFor purposes of subsection (s)(2)(KK) and this subsection, the Secretary, in consultation with the Office of Climate Change and Health Equity, the National Institutes of Health, the Centers of Medicare & Medicaid Services, and the National Oceanic and Atmospheric Administration, shall establish a process to determine the conditions under which an individual would be determined to be medically at-risk in the event of a disaster or climate hazards, including extreme heat, extreme cold, flooding, and loss of power. Such a process shall consider— (A) geography-specific climate risks and regional preparedness for different climate risks; (B) the regional history of disaster or climate hazards and infrastructure failure in the preceding 20 years or the forward-looking predicted risk of disaster or climate hazards and infrastructure failure in the next 20 years; (C) medical reliance on equipment, pharmaceuticals, mobility aids, and other supplies that are sensitive to exposure to extreme temperatures, poor air quality, flooding and water damage, or dependent on electrical power; and (D) chronic medical conditions, disabilities, and comorbidities that increase patient vulnerability during disaster.. (b) Payment \nSection 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) by striking and before (HH) ; and (2) by inserting before the semicolon at the end the following: and (II) with respect to home resiliency services described in section 1861(s)(2)(KK), the amount paid shall be an amount equal to 100 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary.", "id": "idD9C29808FBDB4E20B6234DB03AFDD2F0", "header": "Medicare coverage of medically necessary home resiliency services", "nested": [ { "text": "(a) Coverage \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) in subparagraph (II), by striking and at the end; (B) in subparagraph (JJ), by inserting and at the end; and (C) by adding at the end the following new subparagraph: (KK) in the case of an individual who is medically at-risk in the event of a climate or manmade disaster (as determined by the Secretary in accordance with subsection (nnn)), home resiliency services (as defined in such subsection); ; and (2) by adding at the end the following new subsection: (nnn) Home resiliency services; determination of individuals medically at-Risk \n(1) Home resiliency services \nThe term home resiliency services means items and services— (A) furnished on or after January 1, 2024, to an individual described in subsection (s)(2)(KK); and (B) that the Secretary determines are medically necessary for such individual in the case of a climate or manmade disaster, such as a heat pump for an individual vulnerable to extreme temperatures, solar batteries for an individual reliant on electrical medical equipment (including home mechanical ventilators), and energy efficient cold-storage for heat-sensitive medical supplies. (2) Determination of individuals medically at-risk \nFor purposes of subsection (s)(2)(KK) and this subsection, the Secretary, in consultation with the Office of Climate Change and Health Equity, the National Institutes of Health, the Centers of Medicare & Medicaid Services, and the National Oceanic and Atmospheric Administration, shall establish a process to determine the conditions under which an individual would be determined to be medically at-risk in the event of a disaster or climate hazards, including extreme heat, extreme cold, flooding, and loss of power. Such a process shall consider— (A) geography-specific climate risks and regional preparedness for different climate risks; (B) the regional history of disaster or climate hazards and infrastructure failure in the preceding 20 years or the forward-looking predicted risk of disaster or climate hazards and infrastructure failure in the next 20 years; (C) medical reliance on equipment, pharmaceuticals, mobility aids, and other supplies that are sensitive to exposure to extreme temperatures, poor air quality, flooding and water damage, or dependent on electrical power; and (D) chronic medical conditions, disabilities, and comorbidities that increase patient vulnerability during disaster..", "id": "H2807917E23664BF591F790CED4C76F6B", "header": "Coverage", "nested": [], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(b) Payment \nSection 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) by striking and before (HH) ; and (2) by inserting before the semicolon at the end the following: and (II) with respect to home resiliency services described in section 1861(s)(2)(KK), the amount paid shall be an amount equal to 100 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary.", "id": "idA9BAAE5A5A3B4F23BE3A188F7E33E4DB", "header": "Payment", "nested": [], "links": [ { "text": "42 U.S.C. 1395l(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] } ], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395l(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] } ]

[ "Environmental health", "Health technology, devices, supplies", "Home and outpatient care", "Medicare", "Natural disasters" ]

[ { "text": "1. Short title \nThis Act may be cited as the Age 21 Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on purchase of certain firearms by individuals under 21 years of age \n(a) Definitions \nSection 921(a) of title 18, United States Code, is amended— (1) by inserting after paragraph (30) the following: (31) The term semiautomatic pistol means any repeating pistol that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (38) The term semiautomatic shotgun means any repeating shotgun that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. (39) The term semiautomatic assault weapon means any of the following, regardless of country of manufacture or caliber of ammunition accepted: (A) A semiautomatic rifle that has the capacity to accept a detachable ammunition feeding device and any one of the following: (i) A pistol grip. (ii) A forward grip. (iii) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon. (iv) A grenade launcher. (v) A barrel shroud. (vi) A threaded barrel. (B) A semiautomatic rifle that has a fixed ammunition feeding device with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. (D) A semiautomatic pistol that has the capacity to accept a detachable ammunition feeding device and any one of the following: (i) A threaded barrel. (ii) A second pistol grip. (iii) A barrel shroud. (iv) The capacity to accept a detachable ammunition feeding device at some location outside of the pistol grip. (v) A semiautomatic version of an automatic firearm. (vi) A manufactured weight of 50 ounces or more when unloaded. (vii) A stabilizing brace or similar component. (E) A semiautomatic pistol with a fixed ammunition feeding device that has the capacity to accept more than 10 rounds. (F) A semiautomatic shotgun that has any one of the following: (i) A folding, telescoping, or detachable stock. (ii) A pistol grip. (iii) A fixed ammunition feeding device with the capacity to accept more than 5 rounds. (iv) The ability to accept a detachable ammunition feeding device. (v) A forward grip. (vi) A grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) SKS with a detachable ammunition feeding device. (XXXVIII) Smith & Wesson M&P15 rifles. (XXXIX) Stag Arms AR rifles. (XL) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XLI) Uselton Arms Air-Lite M–4 rifles. (XLII) Windham Weaponry AR rifles. (XLIII) WMD Guns Big Beast. (XLIV) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1–C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK–47 types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR–15 types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico Liberty pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) The following MAC types: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K). (40) The term large capacity ammunition feeding device — (A) means an magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition. (41) The term barrel shroud — (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (42) The term detachable ammunition feeding device means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action. (43) The term fixed ammunition feeding device means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm. (44) The term folding, telescoping, or detachable stock means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. (45) The term forward grip means a grip located forward of the trigger that functions as a pistol grip. (46) The term grenade launcher means an attachment for use on a firearm that is designed to propel a grenade or other similar destructive device. (47) The term pistol grip means a grip, a thumbhole stock or Thordsen-type grip or stock, or any other characteristic that can function as a grip. (48) The term threaded barrel means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor. (49) The term belt-fed semiautomatic firearm means any repeating firearm that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device.. (b) Prohibition \nChapter 44 of title 18, United States Code, is amended— (1) in section 922— (A) in subsection (b)— (i) in paragraph (1)— (I) by inserting (A) after (1) ; and (II) by inserting or after the semicolon; and (ii) by adding at the end the following: (B) any large capacity ammunition feeding device to any individual who the licensee knows or has reasonable cause to believe is less than 21 years of age; ; (B) in subsection (c)(1), by inserting a large capacity ammunition feeding device or before any firearm other than ; and (C) in subsection (x)— (i) in paragraph (1), by striking a juvenile— and all that follows through handgun. and inserting the following: less than 21 years of age— (A) a handgun; (B) a semiautomatic assault weapon; (C) a large capacity ammunition feeding device; or (D) ammunition that is suitable for use only in a handgun or semiautomatic assault weapon. ; (ii) in paragraph (2), by striking a juvenile and all that follows through handgun. and inserting the following: less than 21 years of age to knowingly possess— (A) a handgun; (B) a semiautomatic assault weapon; (C) a large capacity ammunition feeding device; or (D) ammunition that is suitable for use only in a handgun or semiautomatic assault weapon. ; (iii) by striking paragraphs (3), (4), and (5) and inserting the following: (3) This subsection does not apply to— (A) a temporary transfer of a covered firearm or covered ammunition to a person who is less than 21 years of age or to the possession or use of a covered firearm or covered ammunition by a person who is less than 21 years of age if— (i) the covered firearm or covered ammunition is possessed and used by the person in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a covered firearm; (ii) the covered firearm or covered ammunition is possessed and used by the person with the prior written consent of the person's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the person of an unloaded covered firearm in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the person of that covered firearm, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a person who is less than 21 years of age may possess and use a covered firearm or covered ammunition with the prior written approval of the person's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the person has the prior written consent in the person's possession at all times when a covered firearm or covered ammunition is in the possession of the person; and (iv) the covered firearm or covered ammunition is possessed and used by the person in accordance with State and local law; (B) a person who is less than 21 years of age who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a covered firearm or covered ammunition in the line of duty; (C) a transfer by inheritance of title (but not possession) of a covered firearm or covered ammunition to a person who is less than 21 years of age; or (D) the possession of a covered firearm or covered ammunition by a person who is less than 21 years of age taken in defense of the person or other individuals against an intruder into the residence of the person or a residence in which the person is an invited guest. (4) A covered firearm or covered ammunition, the possession of which is transferred to a person who is less than 21 years of age in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the person who is less than 21 years of age subsequently becomes unlawful because of the conduct of the person who is less than 21 years of age, but shall be returned to the lawful owner when such covered firearm or covered ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection— (A) the term covered ammunition means ammunition that is suitable for use only in a handgun or a semiautomatic assault weapon; and (B) the term covered firearm means— (i) a handgun; (ii) a semiautomatic assault weapon; or (iii) a large capacity ammunition feeding device. ; and (iv) in paragraph (6)— (I) in subparagraph (A), by striking a juvenile defendant's parent or legal guardian and inserting the parent or legal guardian of a defendant who is less than 21 years of age ; and (II) in subparagraph (C), by striking a juvenile defendant and inserting a defendant who is less than 21 years of age ; and (2) in section 924(a)(6)— (A) in subparagraph (A)— (i) in clause (i), by striking juvenile each place the term appears and inserting person who is less than 21 years of age ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking juvenile and inserting person who is less than 21 years of age ; (II) in subclause (I)— (aa) by striking juvenile and inserting person who is less than 21 years of age ; and (bb) by striking handgun or ammunition and inserting covered firearm or covered ammunition ; and (III) in subclause (II), by striking juvenile has and inserting person who is less than 21 years of age has ; and (B) in subparagraph (B)— (i) by striking juvenile each place the term appears and inserting person who is less than 21 years of age ; and (ii) by striking handgun or ammunition each place the term appears and inserting covered firearm or covered ammunition.", "id": "id2C942ED2DEB641CA88F981DC6E3825D2", "header": "Prohibition on purchase of certain firearms by individuals under 21 years of age", "nested": [ { "text": "(a) Definitions \nSection 921(a) of title 18, United States Code, is amended— (1) by inserting after paragraph (30) the following: (31) The term semiautomatic pistol means any repeating pistol that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (38) The term semiautomatic shotgun means any repeating shotgun that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. (39) The term semiautomatic assault weapon means any of the following, regardless of country of manufacture or caliber of ammunition accepted: (A) A semiautomatic rifle that has the capacity to accept a detachable ammunition feeding device and any one of the following: (i) A pistol grip. (ii) A forward grip. (iii) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon. (iv) A grenade launcher. (v) A barrel shroud. (vi) A threaded barrel. (B) A semiautomatic rifle that has a fixed ammunition feeding device with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. (D) A semiautomatic pistol that has the capacity to accept a detachable ammunition feeding device and any one of the following: (i) A threaded barrel. (ii) A second pistol grip. (iii) A barrel shroud. (iv) The capacity to accept a detachable ammunition feeding device at some location outside of the pistol grip. (v) A semiautomatic version of an automatic firearm. (vi) A manufactured weight of 50 ounces or more when unloaded. (vii) A stabilizing brace or similar component. (E) A semiautomatic pistol with a fixed ammunition feeding device that has the capacity to accept more than 10 rounds. (F) A semiautomatic shotgun that has any one of the following: (i) A folding, telescoping, or detachable stock. (ii) A pistol grip. (iii) A fixed ammunition feeding device with the capacity to accept more than 5 rounds. (iv) The ability to accept a detachable ammunition feeding device. (v) A forward grip. (vi) A grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) SKS with a detachable ammunition feeding device. (XXXVIII) Smith & Wesson M&P15 rifles. (XXXIX) Stag Arms AR rifles. (XL) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XLI) Uselton Arms Air-Lite M–4 rifles. (XLII) Windham Weaponry AR rifles. (XLIII) WMD Guns Big Beast. (XLIV) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1–C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK–47 types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR–15 types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico Liberty pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) The following MAC types: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K). (40) The term large capacity ammunition feeding device — (A) means an magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition. (41) The term barrel shroud — (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (42) The term detachable ammunition feeding device means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action. (43) The term fixed ammunition feeding device means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm. (44) The term folding, telescoping, or detachable stock means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. (45) The term forward grip means a grip located forward of the trigger that functions as a pistol grip. (46) The term grenade launcher means an attachment for use on a firearm that is designed to propel a grenade or other similar destructive device. (47) The term pistol grip means a grip, a thumbhole stock or Thordsen-type grip or stock, or any other characteristic that can function as a grip. (48) The term threaded barrel means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor. (49) The term belt-fed semiautomatic firearm means any repeating firearm that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device..", "id": "id1F9D84B1A26E4E3FB59D5AF6FB621DF5", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Prohibition \nChapter 44 of title 18, United States Code, is amended— (1) in section 922— (A) in subsection (b)— (i) in paragraph (1)— (I) by inserting (A) after (1) ; and (II) by inserting or after the semicolon; and (ii) by adding at the end the following: (B) any large capacity ammunition feeding device to any individual who the licensee knows or has reasonable cause to believe is less than 21 years of age; ; (B) in subsection (c)(1), by inserting a large capacity ammunition feeding device or before any firearm other than ; and (C) in subsection (x)— (i) in paragraph (1), by striking a juvenile— and all that follows through handgun. and inserting the following: less than 21 years of age— (A) a handgun; (B) a semiautomatic assault weapon; (C) a large capacity ammunition feeding device; or (D) ammunition that is suitable for use only in a handgun or semiautomatic assault weapon. ; (ii) in paragraph (2), by striking a juvenile and all that follows through handgun. and inserting the following: less than 21 years of age to knowingly possess— (A) a handgun; (B) a semiautomatic assault weapon; (C) a large capacity ammunition feeding device; or (D) ammunition that is suitable for use only in a handgun or semiautomatic assault weapon. ; (iii) by striking paragraphs (3), (4), and (5) and inserting the following: (3) This subsection does not apply to— (A) a temporary transfer of a covered firearm or covered ammunition to a person who is less than 21 years of age or to the possession or use of a covered firearm or covered ammunition by a person who is less than 21 years of age if— (i) the covered firearm or covered ammunition is possessed and used by the person in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a covered firearm; (ii) the covered firearm or covered ammunition is possessed and used by the person with the prior written consent of the person's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the person of an unloaded covered firearm in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the person of that covered firearm, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a person who is less than 21 years of age may possess and use a covered firearm or covered ammunition with the prior written approval of the person's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the person has the prior written consent in the person's possession at all times when a covered firearm or covered ammunition is in the possession of the person; and (iv) the covered firearm or covered ammunition is possessed and used by the person in accordance with State and local law; (B) a person who is less than 21 years of age who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a covered firearm or covered ammunition in the line of duty; (C) a transfer by inheritance of title (but not possession) of a covered firearm or covered ammunition to a person who is less than 21 years of age; or (D) the possession of a covered firearm or covered ammunition by a person who is less than 21 years of age taken in defense of the person or other individuals against an intruder into the residence of the person or a residence in which the person is an invited guest. (4) A covered firearm or covered ammunition, the possession of which is transferred to a person who is less than 21 years of age in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the person who is less than 21 years of age subsequently becomes unlawful because of the conduct of the person who is less than 21 years of age, but shall be returned to the lawful owner when such covered firearm or covered ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection— (A) the term covered ammunition means ammunition that is suitable for use only in a handgun or a semiautomatic assault weapon; and (B) the term covered firearm means— (i) a handgun; (ii) a semiautomatic assault weapon; or (iii) a large capacity ammunition feeding device. ; and (iv) in paragraph (6)— (I) in subparagraph (A), by striking a juvenile defendant's parent or legal guardian and inserting the parent or legal guardian of a defendant who is less than 21 years of age ; and (II) in subparagraph (C), by striking a juvenile defendant and inserting a defendant who is less than 21 years of age ; and (2) in section 924(a)(6)— (A) in subparagraph (A)— (i) in clause (i), by striking juvenile each place the term appears and inserting person who is less than 21 years of age ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking juvenile and inserting person who is less than 21 years of age ; (II) in subclause (I)— (aa) by striking juvenile and inserting person who is less than 21 years of age ; and (bb) by striking handgun or ammunition and inserting covered firearm or covered ammunition ; and (III) in subclause (II), by striking juvenile has and inserting person who is less than 21 years of age has ; and (B) in subparagraph (B)— (i) by striking juvenile each place the term appears and inserting person who is less than 21 years of age ; and (ii) by striking handgun or ammunition each place the term appears and inserting covered firearm or covered ammunition.", "id": "idD6C6A28069234834BC1E895666630639", "header": "Prohibition", "nested": [], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] } ], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] } ]

[ "Criminal investigation, prosecution, interrogation", "Firearms and explosives", "Licensing and registrations", "Retail and wholesale trades" ]

[ { "text": "1. Short title \nThis Act may be cited as the Recycling Infrastructure and Accessibility Act of 2024.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Recycling Infrastructure and Accessibility Program \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Curbside recycling \nThe term curbside recycling means the process by which residential recyclable materials are picked up curbside. (3) Eligible entity \nThe term eligible entity means— (A) a State (as defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 )); (B) a unit of local government; (C) an Indian Tribe; and (D) a public-private partnership. (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Materials recovery facility \n(A) In general \nThe term materials recovery facility means a recycling facility where primarily residential recyclables, which are diverted from disposal by a generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion \nThe term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (6) Pilot grant program \nThe term pilot grant program means the Recycling Infrastructure and Accessibility Program established under subsection (b). (7) Recyclable material \nThe term recyclable material means obsolete, previously used, off-specification, surplus, or incidentally produced material for processing into a specification-grade commodity for which a market exists. (8) Transfer station \nThe term transfer station means a facility that— (A) receives and consolidates recyclable material from curbside recycling or drop-off facilities; and (B) loads the recyclable material onto tractor trailers, railcars, or barges for transport to a distant materials recovery facility or another recycling-related facility. (9) Underserved community \nThe term underserved community means a community, including an unincorporated area, without access to full recycling services because— (A) transportation, distance, or other reasons render utilization of available processing capacity at an existing materials recovery facility cost prohibitive; or (B) the processing capacity of an existing materials recovery facility is insufficient to manage the volume of recyclable materials produced by that community. (b) Establishment \nNot later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot grant program, to be known as the Recycling Infrastructure and Accessibility Program , to award grants, on a competitive basis, to eligible entities to improve recycling accessibility in a community or communities within the same geographic area. (c) Goal \nThe goal of the pilot grant program is to fund eligible projects that will significantly improve accessibility to recycling systems through investments in infrastructure in underserved communities through the use of a hub-and-spoke model for recycling infrastructure development. (d) Applications \nTo be eligible to receive a grant under the pilot grant program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (e) Considerations \nIn selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall consider— (1) whether the community or communities in which the eligible entity is seeking to carry out a proposed project has curbside recycling; (2) whether the proposed project of the eligible entity will improve accessibility to recycling services in a single underserved community or multiple underserved communities; and (3) if the eligible entity is a public-private partnership, the financial health of the private entity seeking to enter into that public-private partnership. (f) Priority \nIn selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall give priority to eligible entities seeking to carry out a proposed project in a community in which there is not more than 1 materials recovery facility within a 75-mile radius of that community. (g) Use of funds \nAn eligible entity awarded a grant under the pilot grant program may use the grant funds for projects to improve recycling accessibility in communities, including in underserved communities, by— (1) increasing the number of transfer stations; (2) expanding curbside recycling collection programs where appropriate; and (3) leveraging public-private partnerships to reduce the costs associated with collecting and transporting recyclable materials in underserved communities. (h) Prohibition on use of funds \nAn eligible entity awarded a grant under the pilot grant program may not use the grant funds for projects relating to recycling education programs. (i) Minimum and maximum grant amount \nA grant awarded to an eligible entity under the pilot grant program shall be in an amount— (1) not less than $500,000; and (2) not more than $15,000,000. (j) Set-Aside \nThe Administrator shall set aside not less than 70 percent of the amounts made available to carry out the pilot grant program for each fiscal year to award grants to eligible entities to carry out a proposed project or program in a single underserved community or multiple underserved communities. (k) Federal share \nThe Federal share of the cost of a project or program carried out by an eligible entity using grant funds shall be not more than 95 percent. (l) Report \nNot later than 2 years after the date on which the first grant is awarded under the pilot grant program, the Administrator shall submit to Congress a report describing the implementation of the pilot grant program, which shall include— (1) a list of eligible entities that have received a grant under the pilot grant program; (2) the actions taken by each eligible entity that received a grant under the pilot grant program to improve recycling accessibility with grant funds; and (3) to the extent information is available, a description of how grant funds received under the pilot grant program improved recycling rates in each community in which a project or program was carried out under the pilot grant program. (m) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Administrator to carry out the pilot grant program $30,000,000 for each of fiscal years 2025 through 2029, to remain available until expended. (2) Administrative costs and technical assistance \nOf the amounts made available under paragraph (1), the Administrator may use up to 5 percent— (A) for administrative costs relating to carrying out the pilot grant program; and (B) to provide technical assistance to eligible entities applying for a grant under the pilot grant program.", "id": "id46C76B9E5E4048A09F68452A4A05CDDB", "header": "Recycling Infrastructure and Accessibility Program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Curbside recycling \nThe term curbside recycling means the process by which residential recyclable materials are picked up curbside. (3) Eligible entity \nThe term eligible entity means— (A) a State (as defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 )); (B) a unit of local government; (C) an Indian Tribe; and (D) a public-private partnership. (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Materials recovery facility \n(A) In general \nThe term materials recovery facility means a recycling facility where primarily residential recyclables, which are diverted from disposal by a generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion \nThe term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (6) Pilot grant program \nThe term pilot grant program means the Recycling Infrastructure and Accessibility Program established under subsection (b). (7) Recyclable material \nThe term recyclable material means obsolete, previously used, off-specification, surplus, or incidentally produced material for processing into a specification-grade commodity for which a market exists. (8) Transfer station \nThe term transfer station means a facility that— (A) receives and consolidates recyclable material from curbside recycling or drop-off facilities; and (B) loads the recyclable material onto tractor trailers, railcars, or barges for transport to a distant materials recovery facility or another recycling-related facility. (9) Underserved community \nThe term underserved community means a community, including an unincorporated area, without access to full recycling services because— (A) transportation, distance, or other reasons render utilization of available processing capacity at an existing materials recovery facility cost prohibitive; or (B) the processing capacity of an existing materials recovery facility is insufficient to manage the volume of recyclable materials produced by that community.", "id": "id2A789A0BDA7F43F69A3C067FE5C4D150", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 6903", "legal-doc": "usc", "parsable-cite": "usc/42/6903" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) Establishment \nNot later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot grant program, to be known as the Recycling Infrastructure and Accessibility Program , to award grants, on a competitive basis, to eligible entities to improve recycling accessibility in a community or communities within the same geographic area.", "id": "id16372190E0E04789AB5825FCA2741D50", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Goal \nThe goal of the pilot grant program is to fund eligible projects that will significantly improve accessibility to recycling systems through investments in infrastructure in underserved communities through the use of a hub-and-spoke model for recycling infrastructure development.", "id": "id804F5B5D3DFC4716B1EDB9AE203968D8", "header": "Goal", "nested": [], "links": [] }, { "text": "(d) Applications \nTo be eligible to receive a grant under the pilot grant program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.", "id": "idCA9656CDC7B1427E847424593B4887CE", "header": "Applications", "nested": [], "links": [] }, { "text": "(e) Considerations \nIn selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall consider— (1) whether the community or communities in which the eligible entity is seeking to carry out a proposed project has curbside recycling; (2) whether the proposed project of the eligible entity will improve accessibility to recycling services in a single underserved community or multiple underserved communities; and (3) if the eligible entity is a public-private partnership, the financial health of the private entity seeking to enter into that public-private partnership.", "id": "id0AA0DA78468944A69022D35A4FF37F2E", "header": "Considerations", "nested": [], "links": [] }, { "text": "(f) Priority \nIn selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall give priority to eligible entities seeking to carry out a proposed project in a community in which there is not more than 1 materials recovery facility within a 75-mile radius of that community.", "id": "id0C27AC96FC7F47328533549DDD654A01", "header": "Priority", "nested": [], "links": [] }, { "text": "(g) Use of funds \nAn eligible entity awarded a grant under the pilot grant program may use the grant funds for projects to improve recycling accessibility in communities, including in underserved communities, by— (1) increasing the number of transfer stations; (2) expanding curbside recycling collection programs where appropriate; and (3) leveraging public-private partnerships to reduce the costs associated with collecting and transporting recyclable materials in underserved communities.", "id": "id7DB75F93047F4969A0F623FFC2F4DD5B", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(h) Prohibition on use of funds \nAn eligible entity awarded a grant under the pilot grant program may not use the grant funds for projects relating to recycling education programs.", "id": "idE15968F286E14D489086194972539C58", "header": "Prohibition on use of funds", "nested": [], "links": [] }, { "text": "(i) Minimum and maximum grant amount \nA grant awarded to an eligible entity under the pilot grant program shall be in an amount— (1) not less than $500,000; and (2) not more than $15,000,000.", "id": "id3414B917F1824505BA3E499F02089FE6", "header": "Minimum and maximum grant amount", "nested": [], "links": [] }, { "text": "(j) Set-Aside \nThe Administrator shall set aside not less than 70 percent of the amounts made available to carry out the pilot grant program for each fiscal year to award grants to eligible entities to carry out a proposed project or program in a single underserved community or multiple underserved communities.", "id": "idA77EB66FAF5F4ACE90BA212E21A42C6A", "header": "Set-Aside", "nested": [], "links": [] }, { "text": "(k) Federal share \nThe Federal share of the cost of a project or program carried out by an eligible entity using grant funds shall be not more than 95 percent.", "id": "id2B5F71CD07F049008107E68BA9ED945C", "header": "Federal share", "nested": [], "links": [] }, { "text": "(l) Report \nNot later than 2 years after the date on which the first grant is awarded under the pilot grant program, the Administrator shall submit to Congress a report describing the implementation of the pilot grant program, which shall include— (1) a list of eligible entities that have received a grant under the pilot grant program; (2) the actions taken by each eligible entity that received a grant under the pilot grant program to improve recycling accessibility with grant funds; and (3) to the extent information is available, a description of how grant funds received under the pilot grant program improved recycling rates in each community in which a project or program was carried out under the pilot grant program.", "id": "idDB3FA4CC593D4EE79FAB5E89AB1A0F3A", "header": "Report", "nested": [], "links": [] }, { "text": "(m) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Administrator to carry out the pilot grant program $30,000,000 for each of fiscal years 2025 through 2029, to remain available until expended. (2) Administrative costs and technical assistance \nOf the amounts made available under paragraph (1), the Administrator may use up to 5 percent— (A) for administrative costs relating to carrying out the pilot grant program; and (B) to provide technical assistance to eligible entities applying for a grant under the pilot grant program.", "id": "idC4AF301FADD5435CAA790C140F9A2614", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 6903", "legal-doc": "usc", "parsable-cite": "usc/42/6903" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ]

[ "Congressional oversight", "Government studies and investigations", "Industrial facilities", "Intergovernmental relations", "Solid waste and recycling" ]

[ { "text": "1. Short title \nThis Act may be cited as the La Paz County Solar Energy and Job Creation Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) County \nThe term County means La Paz County, Arizona. (2) Federal land \nThe term Federal land means the approximately 4,800 3,400 acres of land managed by the Bureau of Land Management and designated as Federal Land To Be Conveyed on the map. (3) Map \nThe term map means the map prepared by the Bureau of Land Management entitled La Paz County Land Conveyance Map and dated September 1, 2020. (3) Map \nThe term map means the map entitled BLM Arizona—La Paz County Land Conveyance Map, Bureau of Land Management—Colorado River District, Yuma Field Office and dated June 29, 2023. (4) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "id3806304a1d1b42f2b93f215f3f18cac9", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Conveyance to La Paz County, Arizona \n(a) In general \nNotwithstanding the planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713) and in accordance with this section and other applicable law, as soon as practicable after receiving a request from the County to convey the Federal land, the Secretary shall convey the Federal land to the County. (b) Restrictions on conveyance \n(1) In general \nThe conveyance under subsection (a) shall be subject to— (A) valid existing rights; and (B) such terms and conditions as the Secretary determines to be necessary. (2) Exclusion \nThe Secretary shall exclude from the conveyance under subsection (a) any Federal land that contains significant cultural, environmental, wildlife, or recreational resources. (c) Payment of fair market value \nThe conveyance under subsection (a) shall be for the fair market value of the Federal land to be conveyed, as determined— (1) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (2) based on an appraisal that is conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (d) Protection of tribal cultural artifacts \nAs a condition of the conveyance under subsection (a), the County shall, and as a condition of any subsequent conveyance, any subsequent owner shall— (1) make good faith efforts to avoid disturbing Tribal artifacts; (2) minimize impacts on Tribal artifacts if the artifacts are disturbed; (3) coordinate with the Colorado River Indian Tribes Tribal Historic Preservation Office to identify artifacts of cultural and historic significance; and (4) allow Tribal representatives to rebury unearthed artifacts at or near where the artifacts were discovered. (e) Availability of map \n(1) In general \nThe map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Corrections \nThe Secretary and the County may, by mutual agreement— (A) make minor boundary adjustments to the Federal land to be conveyed under subsection (a); and (B) correct any minor errors in the map, an acreage estimate, or the description of the Federal land. (f) Withdrawal \nThe Federal land is withdrawn from the operation of the mining and mineral leasing laws of the United States. (g) Costs \nAs a condition of the conveyance of the Federal land under subsection (a), the County shall pay— (1) an amount equal to the appraised value determined in accordance with subsection (c)(2); and (2) all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the County under subsection (a). (h) Proceeds from the sale of land \nThe proceeds from the sale of land under this section shall be— (1) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(a) ); and (2) used in accordance with that Act ( 43 U.S.C. 2301 et seq. ).", "id": "id70d6f9654ff94d31a362d78712fa15b3", "header": "Conveyance to La Paz County, Arizona", "nested": [ { "text": "(a) In general \nNotwithstanding the planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713) and in accordance with this section and other applicable law, as soon as practicable after receiving a request from the County to convey the Federal land, the Secretary shall convey the Federal land to the County.", "id": "idef8f8aa8669545f1b29983c1277c8d88", "header": "In general", "nested": [], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" } ] }, { "text": "(b) Restrictions on conveyance \n(1) In general \nThe conveyance under subsection (a) shall be subject to— (A) valid existing rights; and (B) such terms and conditions as the Secretary determines to be necessary. (2) Exclusion \nThe Secretary shall exclude from the conveyance under subsection (a) any Federal land that contains significant cultural, environmental, wildlife, or recreational resources.", "id": "id246214de79cd4e2fa114dfcfa66b124e", "header": "Restrictions on conveyance", "nested": [], "links": [] }, { "text": "(c) Payment of fair market value \nThe conveyance under subsection (a) shall be for the fair market value of the Federal land to be conveyed, as determined— (1) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (2) based on an appraisal that is conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice.", "id": "id8a911fac3fa942b8ba9746825b2da076", "header": "Payment of fair market value", "nested": [], "links": [ { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "(d) Protection of tribal cultural artifacts \nAs a condition of the conveyance under subsection (a), the County shall, and as a condition of any subsequent conveyance, any subsequent owner shall— (1) make good faith efforts to avoid disturbing Tribal artifacts; (2) minimize impacts on Tribal artifacts if the artifacts are disturbed; (3) coordinate with the Colorado River Indian Tribes Tribal Historic Preservation Office to identify artifacts of cultural and historic significance; and (4) allow Tribal representatives to rebury unearthed artifacts at or near where the artifacts were discovered.", "id": "id0b3f5a0e61534c6cbd8a5c44249cda53", "header": "Protection of tribal cultural artifacts", "nested": [], "links": [] }, { "text": "(e) Availability of map \n(1) In general \nThe map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Corrections \nThe Secretary and the County may, by mutual agreement— (A) make minor boundary adjustments to the Federal land to be conveyed under subsection (a); and (B) correct any minor errors in the map, an acreage estimate, or the description of the Federal land.", "id": "iddf6bca3078924c49808215c0116ee69c", "header": "Availability of map", "nested": [], "links": [] }, { "text": "(f) Withdrawal \nThe Federal land is withdrawn from the operation of the mining and mineral leasing laws of the United States.", "id": "id32856d161c1f4deda040165e521fe7d5", "header": "Withdrawal", "nested": [], "links": [] }, { "text": "(g) Costs \nAs a condition of the conveyance of the Federal land under subsection (a), the County shall pay— (1) an amount equal to the appraised value determined in accordance with subsection (c)(2); and (2) all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the County under subsection (a).", "id": "id29a4434b87f842d09ccd7acea464a4d4", "header": "Costs", "nested": [], "links": [] }, { "text": "(h) Proceeds from the sale of land \nThe proceeds from the sale of land under this section shall be— (1) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(a) ); and (2) used in accordance with that Act ( 43 U.S.C. 2301 et seq. ).", "id": "id1f9d8467c79e4c00879603c0b18badae", "header": "Proceeds from the sale of land", "nested": [], "links": [ { "text": "43 U.S.C. 2305(a)", "legal-doc": "usc", "parsable-cite": "usc/43/2305" }, { "text": "43 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2301" } ] } ], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "43 U.S.C. 2305(a)", "legal-doc": "usc", "parsable-cite": "usc/43/2305" }, { "text": "43 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/2301" } ] } ]

[ "Arizona", "Historical and cultural resources", "Indian lands and resources rights", "Land transfers" ]

[ { "text": "1. Short title \nThis Act may be cited as the Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act or the Aviation WORKS Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension and expansion of aviation workforce development programs \nSection 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (3) a program to provide grants for eligible projects— (A) to develop the aviation manufacturing and supplier workforce; or (B) to develop and support the education of workers who design or produce any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, that— (i) is produced under a production approval issued by the Federal Aviation Administration; (ii) has been issued a design approval by the Federal Aviation Administration; or (iii) has an active application for a design approval; and (4) a program to provide grants for eligible projects to plan, establish, and expand workforce development partnership programs in the aviation and aerospace industry sector. ; (2) in subsection (b)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: (2) Subsequent funding \nThere is authorized to be appropriated— (A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); (B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); (C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3); and (D) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(4). ; (3) in subsection (c), by adding at the end the following new paragraphs: (3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) an aviation company that actively designs or produces any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, covered under Federal Aviation Administration design approval or application for design approval— (i) that— (I) operates a SAE AS9100-certified process related to the design, development, or provision of an aviation product or service, including a part, component or assembly; (II) holds or operates under a type or production certificate under section 44704 of title 49, United States Code, or similar authorization; or (III) has an active type certificate application accepted by the Federal Aviation Administration; or (ii) which— (I) is established, created, or organized in the United States or under the laws of the United States; and (II) has significant operations in the United States, and a majority of its employees engaged in aviation manufacturing or development activities and services, or aviation maintenance, repair, or overhaul activities and services based in the United States; or (B) an accredited institution of higher education (as such term is defined in paragraph (1)(B)) or a high school or a secondary school (as such terms are defined in such paragraph) that has or is working to establish an aviation manufacturing program. (4) An application for a grant under the program established under subsection (a)(4) shall— (A) be submitted, in such form as the Secretary may specify, by a partnership that— (i) is an industry or sector partnership (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), or is in the process of establishing an industry or sector partnership; (ii) includes an air carrier (as such term is defined in paragraph (1)(A)), a flight school described in paragraph (1)(C), a holder of a certificate described in paragraph (2)(A), or an aviation company described in paragraph (3)(A); (iii) is comprised of multiple employers from the aviation and aerospace industry; (iv) may include not more than 1 entity that is a previous recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), but such entity may not serve as a fiscal agent (as described in subparagraph (B)); and (v) does not include an entity that is a current recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), unless the application demonstrates that any grant funding currently received by the entity would expire or otherwise cease prior to the receipt of the grant funding under paragraph (4) of subsection (a); (B) designate a partner from within the partnership, or an intermediary which may be a State or local workforce board or an accredited institution of higher education (as such term is defined in paragraph (1)(B)), to serve as the fiscal agent for the grant; and (C) instruct the fiscal agent designated under subparagraph (B) to, as appropriate— (i) receive funds; (ii) ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Federal Aviation Administration regulations; (iii) respond to audit financial findings; (iv) maintain proper accounting records and documentation; and (v) prepare financial reports. ; (4) in subsection (d)— (A) in paragraph (2), in the matter preceding subparagraph (A), by striking pilot ; and (B) by adding at the end the following new paragraphs: (3) For purposes of the program established under subsection (a)(3), an eligible project is a project— (A) to establish or support educational programs that teach technical skills used in aviation manufacturing, including the production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance; (B) to establish scholarships, internships, or apprenticeships for individuals pursuing employment in the aviation manufacturing industry; (C) to support outreach about careers in the aviation manufacturing industry to— (i) primary, secondary, and post-secondary school students; or (ii) to communities underrepresented in the industry; (D) to support educational opportunities related to aviation manufacturing in economically disadvantaged geographic areas; (E) to support transition to careers in aviation manufacturing, including for members of the Armed Forces; or (F) to otherwise enhance aviation manufacturing technical education or the aviation manufacturing industry workforce. (4) For purposes of the program established under subsection (a)(4), an eligible project is a project— (A) to carry out planning and partner development activities, which may include— (i) convening key stakeholders as identified in the application process to establish or expand educational programs that teach technical skills used in pilot training, aviation maintenance, or aviation manufacturing; (ii) conducting outreach to local businesses and business associations, including activities to increase marketing and activity visibility within the community; (iii) conducting an evaluation of workforce needs in the local area; (iv) conducting survey and planning activities for partnership-related infrastructure needs; or (v) recruiting veterans of military service and individuals with barriers to employment; (B) to provide career services as described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A) ); (C) to provide training services as described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(D) ); or (D) to provide services to support the success and retention of individuals who are participating in any training program established under subsection (a)(4). ; and (5) in subsection (e)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2)— (i) by striking subsection (a)(1) and inserting paragraph (1) or (2) of subsection (a) ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) ensure that the applications selected for projects established under subsection (a)(4) will allow participation from major and regional air carriers and a diverse collection of industry partners..", "id": "id41c52c59ad6442ddbf2467947714af7a", "header": "Extension and expansion of aviation workforce development programs", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "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)(D)", "legal-doc": "usc", "parsable-cite": "usc/29/3174" } ] } ]

[ "Aviation and airports", "Elementary and secondary education", "Employment and training programs", "Higher education", "Manufacturing", "Public-private cooperation", "State and local government operations", "Transportation employees", "Veterans' education, employment, rehabilitation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Expanding Access to Diabetes Self-Management Training Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving access to diabetes outpatient self-management training services \n(a) In general \nSection 1861(qq) of the Social Security Act ( 42 U.S.C. 1395x(qq) ) is amended— (1) in paragraph (1)— (A) by striking the Secretary determines appropriate and inserting specified in paragraph (3) ; (B) by inserting or qualified nonphysician practitioner after only if the physician ; and (C) by inserting (or other physician or qualified nonphysician practitioner furnishing items or services to such individual, in coordination with the physician or qualified nonphysician practitioner managing such individual’s diabetic condition) after managing the individual’s diabetic condition ; (2) in paragraph (2)(B), by striking paragraph and inserting subparagraph ; and (3) by adding at the end the following new paragraph: (3) For purposes of paragraph (1), the times specified in this paragraph are the following: (A) An initial 10 hours of educational and training services to remain available until used. (B) No more than 2 hours of individual or group educational and training services each year, including the year in which the initial 10 hours described in subparagraph (A) are completed.. (b) Medical nutrition therapy services \nSection 1861(s)(2)(V) of such Act ( 42 U.S.C. 1395x(s)(2)(V) ) is amended— (1) by striking clause (i); (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (3) in clause (ii), as so redesignated, by striking after consideration of and inserting consistent with. (c) Cost-Sharing \nSection 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended— (1) in subsection (a)(1)— (A) by striking and (HH) and inserting (HH) ; and (B) by inserting the following before the semicolon at the end: and (II) with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule that applies to such services under this part; ; and (2) in subsection (b), in the first sentence— (A) by striking , and (13) and inserting (13) ; and (B) by striking the period at the end and inserting , and (14) such deductible shall not apply with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)). (d) Application \nThe amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2025.", "id": "idae553b32594f4c779cdeece86e51f397", "header": "Improving access to diabetes outpatient self-management training services", "nested": [ { "text": "(a) In general \nSection 1861(qq) of the Social Security Act ( 42 U.S.C. 1395x(qq) ) is amended— (1) in paragraph (1)— (A) by striking the Secretary determines appropriate and inserting specified in paragraph (3) ; (B) by inserting or qualified nonphysician practitioner after only if the physician ; and (C) by inserting (or other physician or qualified nonphysician practitioner furnishing items or services to such individual, in coordination with the physician or qualified nonphysician practitioner managing such individual’s diabetic condition) after managing the individual’s diabetic condition ; (2) in paragraph (2)(B), by striking paragraph and inserting subparagraph ; and (3) by adding at the end the following new paragraph: (3) For purposes of paragraph (1), the times specified in this paragraph are the following: (A) An initial 10 hours of educational and training services to remain available until used. (B) No more than 2 hours of individual or group educational and training services each year, including the year in which the initial 10 hours described in subparagraph (A) are completed..", "id": "id29898b8bd4e44cc190ff7958a98e551b", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(qq)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(b) Medical nutrition therapy services \nSection 1861(s)(2)(V) of such Act ( 42 U.S.C. 1395x(s)(2)(V) ) is amended— (1) by striking clause (i); (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (3) in clause (ii), as so redesignated, by striking after consideration of and inserting consistent with.", "id": "id0d10fd86f45c439e841d0a900eb6e50e", "header": "Medical nutrition therapy services", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(s)(2)(V)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(c) Cost-Sharing \nSection 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended— (1) in subsection (a)(1)— (A) by striking and (HH) and inserting (HH) ; and (B) by inserting the following before the semicolon at the end: and (II) with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule that applies to such services under this part; ; and (2) in subsection (b), in the first sentence— (A) by striking , and (13) and inserting (13) ; and (B) by striking the period at the end and inserting , and (14) such deductible shall not apply with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)).", "id": "idea498748e6174e1c8552a3ab23376d74", "header": "Cost-Sharing", "nested": [], "links": [ { "text": "42 U.S.C. 1395l", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] }, { "text": "(d) Application \nThe amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2025.", "id": "id439d6ae0a4ed48f4aff4794d05537e40", "header": "Application", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395x(qq)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395x(s)(2)(V)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395l", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] }, { "text": "3. CMI testing of providing virtual diabetes outpatient self-management training services \nSection 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended— (1) in subsection (b)(2)(A), by adding at the end the following new sentence: “The models selected under this subparagraph shall include the testing of the model described in subsection (h).”; and (2) by adding at the end the following new subsection: (h) Testing of providing virtual diabetes outpatient self-Management training services \n(1) Establishment \nNot later than January 1, 2025, the Secretary shall implement a model to test the impact of providing coverage under title XVIII for virtual diabetes outpatient self-management training services furnished to applicable beneficiaries with respect to improved health outcomes for such applicable beneficiaries and reduced expenditures under such title XVIII. (2) Model design \n(A) In general \nThe Secretary shall design the model under this subsection in such a manner to allow for the evaluation of demographic characteristics of applicable beneficiaries participating in such model and the extent to which such model accomplishes the following purposes: (i) Improvement in health outcomes with respect to the diabetic conditions, including by reducing A1c levels. (ii) Reduced hospitalizations due to diabetic-related complications. (iii) Increased utilization of diabetes outpatient self-management training services as evidenced by, for example, Medicare beneficiary participation and utilization of covered hours during the first year and subsequent years or use of diabetes outpatient self-management training services in rural and underserved communities. (iv) Improved medication adherence. (v) Reduced expenditures under this title attributable to the model. (B) Consultation \nIn designing the model under this subsection, the Secretary shall, not later than 3 months after the date of the enactment of this subsection, consult with stakeholders in the field of diabetes care and education, clinicians in the primary care community, experts in digital health, and beneficiary groups. (3) Definitions \nIn this subsection: (A) Applicable beneficiary \nThe term applicable beneficiary means an individual with diabetes as described in section 1861(qq). (B) Qualified web-based program \nThe term qualified web-based program means a web-based program— (i) designed to furnish educational and training services to an individual with diabetes to ensure therapy compliance with respect to the individual’s diabetic condition or to provide the individual with necessary skills and knowledge (including skills related to the self-administration of injectable drugs) to participate in the individual’s management of such condition; and (ii) that meets the quality standards described in section 1861(qq)(2)(B). (C) Virtual diabetes outpatient self-management training services \nThe term virtual diabetes outpatient self-management training services means any diabetes outpatient self-management training services (as defined in section 1861(qq)) furnished by a qualified web-based program for synchronous or asynchronous diabetes outpatient self-management training services..", "id": "id963b2d6487304b62a307fcd7c3b0fd81", "header": "CMI testing of providing virtual diabetes outpatient self-management training services", "nested": [], "links": [ { "text": "42 U.S.C. 1315a", "legal-doc": "usc", "parsable-cite": "usc/42/1315a" } ] } ]

[ "Digestive and metabolic diseases", "Health care coverage and access", "Health promotion and preventive care", "Health technology, devices, supplies", "Home and outpatient care", "Internet, web applications, social media", "Medicare" ]

[ { "text": "1. Short title \nThis Act may be cited as the Millennium Challenge Corporation Candidate Country Reform Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modifications of requirements to become a candidate country \nSection 606 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7705 ) is amended to read as follows: 606. Candidate countries \n(a) In general \nA country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. (b) Rule of construction \nFor the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). (c) Determination by the Board \nThe Board shall determine whether a country is a candidate country for purposes of this section..", "id": "idf3cccb99a1bc426590e82dda8397ba53", "header": "Modifications of requirements to become a candidate country", "nested": [], "links": [ { "text": "22 U.S.C. 7705", "legal-doc": "usc", "parsable-cite": "usc/22/7705" }, { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "606. Candidate countries \n(a) In general \nA country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. (b) Rule of construction \nFor the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). (c) Determination by the Board \nThe Board shall determine whether a country is a candidate country for purposes of this section.", "id": "ida7a54611b2fd4bab86702add0f0d20fb", "header": "Candidate countries", "nested": [ { "text": "(a) In general \nA country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law.", "id": "id55dcaa8847fa4fdc80393b6eabec8644", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "(b) Rule of construction \nFor the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a).", "id": "idcbcac28bb370446bb264cf63eb9d724a", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(c) Determination by the Board \nThe Board shall determine whether a country is a candidate country for purposes of this section.", "id": "ida50c1c2997bf4ace846c82cc19a13c8f", "header": "Determination by the Board", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "3. Conforming amendments \n(a) Amendment To report identifying candidate countries \nSection 608(a)(1) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7707(a)(1) ) is amended by striking section 606(a)(1)(B) and inserting section 606(a)(2). (b) Amendment to Millennium Challenge Compact authority \nSection 609(b)(2) of such Act ( 22 U.S.C. 7708(b)(2) ) is amended— (1) by amending the paragraph heading to read as follows: Country contributions ; and (2) by striking with respect to a lower middle income country described in section 606(b),. (c) Amendment to authorization To provide assistance for candidate countries \nSection 616(b)(1) of such Act ( 22 U.S.C. 7715(b)(1) ) is amended by striking subsection (a) or (b) of section 606 and inserting section 606(a).", "id": "idcacb50f21a3045afa7dde46ea035ae62", "header": "Conforming amendments", "nested": [ { "text": "(a) Amendment To report identifying candidate countries \nSection 608(a)(1) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7707(a)(1) ) is amended by striking section 606(a)(1)(B) and inserting section 606(a)(2).", "id": "idc56413a97e844d87a081896866590d36", "header": "Amendment To report identifying candidate countries", "nested": [], "links": [ { "text": "22 U.S.C. 7707(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7707" } ] }, { "text": "(b) Amendment to Millennium Challenge Compact authority \nSection 609(b)(2) of such Act ( 22 U.S.C. 7708(b)(2) ) is amended— (1) by amending the paragraph heading to read as follows: Country contributions ; and (2) by striking with respect to a lower middle income country described in section 606(b),.", "id": "id9b89744fbad7487280fb2098071213bd", "header": "Amendment to Millennium Challenge Compact authority", "nested": [], "links": [ { "text": "22 U.S.C. 7708(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/7708" } ] }, { "text": "(c) Amendment to authorization To provide assistance for candidate countries \nSection 616(b)(1) of such Act ( 22 U.S.C. 7715(b)(1) ) is amended by striking subsection (a) or (b) of section 606 and inserting section 606(a).", "id": "id37ac8de66e7f4f41b910db392eefa4a8", "header": "Amendment to authorization To provide assistance for candidate countries", "nested": [], "links": [ { "text": "22 U.S.C. 7715(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7715" } ] } ], "links": [ { "text": "22 U.S.C. 7707(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7707" }, { "text": "22 U.S.C. 7708(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/7708" }, { "text": "22 U.S.C. 7715(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7715" } ] }, { "text": "4. Modification to factors in determining eligibility \nSection 607(c)(2) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7706(c)(2) ) is amended in the matter preceding subparagraph (A) by striking consider and inserting prioritize need and impact by considering.", "id": "id1c19b0b36c0c4b469f30f49b15c8477f", "header": "Modification to factors in determining eligibility", "nested": [], "links": [ { "text": "22 U.S.C. 7706(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/7706" } ] } ]

[ "Congressional oversight", "Economic development", "Foreign aid and international relief" ]

[ { "text": "1. Short title \nThis Act may be cited as the Offshore Energy Security Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Offshore oil and gas lease sales \n(a) Definitions \nIn this section: (1) Offshore lease sale \nThe term offshore lease sale means an oil and gas lease sale— (A) that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), notwithstanding the requirements of section 18 of that Act ( 43 U.S.C. 1344 ); (B) offers the same lease form, lease terms, economic conditions, and stipulations as contained in the final notice of sale entitled Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257 (86 Fed. Reg. 54728 (October 4, 2021)); and (C) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of leases within 90 days of the sale to the highest bids on the tracts offered, subject to the procedures for determining bid adequacy of the Bureau of Ocean Energy Management, effective March 8, 2016, with respect to— (i) Central Gulf of Mexico Sale 241; and (ii) Eastern Gulf of Mexico Sale 226. (2) Secretary \nThe term Secretary means the Secretary of the Interior. (b) Waiver \nThe Secretary may waive any other requirements under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) that would delay final approval of an offshore lease sale under subsection (c). (c) Requirement \nNotwithstanding the expiration of the 2017–2022 leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ), the Secretary shall— (1) conduct not fewer than 4 offshore lease sales, as described under subsection (c), during the 2-year period beginning on the date of enactment of this Act; and (2) to the maximum extent practicable, carry out a lease sale under this subsection in accordance with the Record of Decision approved by the Secretary on January 17, 2017, and described in the notice of availability of the Bureau of Ocean Energy Management entitled Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000 (82 Fed. Reg. 6643 (January 19, 2017)). (d) Timing \nIn conducting the offshore lease sales under subsection (c), the Secretary shall conduct a lease sale under this section not later than— (1) March 31, 2024; (2) August 31, 2024; (3) March 31, 2025; and (4) August 31, 2025. (e) Area offered for lease \n(1) Acreage \nThe Secretary shall offer not fewer than 74,000,000 acres for each offshore lease sale conducted under subsection (c). (2) Location \nAn offshore lease sale conducted under subsection (c) shall be in the Gulf of Mexico Region Program Area as identified in Figure S-1 of the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016 by the Bureau of Ocean Energy Management (as announced in the notice of availability of the Bureau of Ocean Energy Management entitled Notice of Availability of the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (81 Fed. Reg. 84612 (November 23, 2016))). (f) Effect of litigation \n(1) In general \nA civil action relating to an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to an offshore lease sale conducted under this section shall not— (A) affect the validity of a lease issued under the offshore lease sale that is the subject of the civil action; or (B) except as provided in paragraph (3)(B), cause a delay in the timelines for the consideration of an application for permit to drill with respect to a lease issued under the offshore lease sale that is the subject of the civil action. (2) Remand; processing of applications for permit to drill \nIf, in a civil action described in paragraph (1), the environmental review for an offshore lease sale is found by the applicable court to violate the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )— (A) notwithstanding subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedures Act ), the applicable court shall not set aside the offshore lease sale and vacate the leases issued pursuant to the sale but instead remand the matter to the Secretary to resolve the violation; and (B) the Secretary shall continue to process all applicable applications for permit to drill in accordance with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (3) Notice \n(A) In general \nNot later than 60 days after the date on which a civil action described in paragraph (1) is filed, the Secretary shall notify the holder of any lease issued under the lease sale that is the subject of the civil action of the filing of the civil action. (B) Timeline \nNot later than 90 days after the date of receipt of a notice under subparagraph (A), the holder of the lease may file with the Secretary, and the Secretary may approve, a request to pause the timeline with respect to the term of the lease during any period in which the civil action is pending. (g) Effect on other law \nNothing in this section affects the Presidential memorandum entitled Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition and dated September 8, 2020.", "id": "id7d009f2dfad54e81a52466d1579e0e9b", "header": "Offshore oil and gas lease sales", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Offshore lease sale \nThe term offshore lease sale means an oil and gas lease sale— (A) that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), notwithstanding the requirements of section 18 of that Act ( 43 U.S.C. 1344 ); (B) offers the same lease form, lease terms, economic conditions, and stipulations as contained in the final notice of sale entitled Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257 (86 Fed. Reg. 54728 (October 4, 2021)); and (C) that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of leases within 90 days of the sale to the highest bids on the tracts offered, subject to the procedures for determining bid adequacy of the Bureau of Ocean Energy Management, effective March 8, 2016, with respect to— (i) Central Gulf of Mexico Sale 241; and (ii) Eastern Gulf of Mexico Sale 226. (2) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "idb26aaea097684f5ea272b8e74a9252ca", "header": "Definitions", "nested": [], "links": [ { "text": "43 U.S.C. 1331 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1331" }, { "text": "43 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/43/1344" } ] }, { "text": "(b) Waiver \nThe Secretary may waive any other requirements under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) that would delay final approval of an offshore lease sale under subsection (c).", "id": "id1b5d0274521b407799394c1f6377b544", "header": "Waiver", "nested": [], "links": [ { "text": "43 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/43/1344" } ] }, { "text": "(c) Requirement \nNotwithstanding the expiration of the 2017–2022 leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ), the Secretary shall— (1) conduct not fewer than 4 offshore lease sales, as described under subsection (c), during the 2-year period beginning on the date of enactment of this Act; and (2) to the maximum extent practicable, carry out a lease sale under this subsection in accordance with the Record of Decision approved by the Secretary on January 17, 2017, and described in the notice of availability of the Bureau of Ocean Energy Management entitled Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000 (82 Fed. Reg. 6643 (January 19, 2017)).", "id": "id0e428d00833348aaba45b7e03356fec4", "header": "Requirement", "nested": [], "links": [ { "text": "43 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/43/1344" } ] }, { "text": "(d) Timing \nIn conducting the offshore lease sales under subsection (c), the Secretary shall conduct a lease sale under this section not later than— (1) March 31, 2024; (2) August 31, 2024; (3) March 31, 2025; and (4) August 31, 2025.", "id": "id00441e27d2ed4b16b4b90242ad423f67", "header": "Timing", "nested": [], "links": [] }, { "text": "(e) Area offered for lease \n(1) Acreage \nThe Secretary shall offer not fewer than 74,000,000 acres for each offshore lease sale conducted under subsection (c). (2) Location \nAn offshore lease sale conducted under subsection (c) shall be in the Gulf of Mexico Region Program Area as identified in Figure S-1 of the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016 by the Bureau of Ocean Energy Management (as announced in the notice of availability of the Bureau of Ocean Energy Management entitled Notice of Availability of the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (81 Fed. Reg. 84612 (November 23, 2016))).", "id": "id02f5f990980c4de78c9938609188ec24", "header": "Area offered for lease", "nested": [], "links": [] }, { "text": "(f) Effect of litigation \n(1) In general \nA civil action relating to an environmental review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to an offshore lease sale conducted under this section shall not— (A) affect the validity of a lease issued under the offshore lease sale that is the subject of the civil action; or (B) except as provided in paragraph (3)(B), cause a delay in the timelines for the consideration of an application for permit to drill with respect to a lease issued under the offshore lease sale that is the subject of the civil action. (2) Remand; processing of applications for permit to drill \nIf, in a civil action described in paragraph (1), the environmental review for an offshore lease sale is found by the applicable court to violate the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )— (A) notwithstanding subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedures Act ), the applicable court shall not set aside the offshore lease sale and vacate the leases issued pursuant to the sale but instead remand the matter to the Secretary to resolve the violation; and (B) the Secretary shall continue to process all applicable applications for permit to drill in accordance with the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (3) Notice \n(A) In general \nNot later than 60 days after the date on which a civil action described in paragraph (1) is filed, the Secretary shall notify the holder of any lease issued under the lease sale that is the subject of the civil action of the filing of the civil action. (B) Timeline \nNot later than 90 days after the date of receipt of a notice under subparagraph (A), the holder of the lease may file with the Secretary, and the Secretary may approve, a request to pause the timeline with respect to the term of the lease during any period in which the civil action is pending.", "id": "idb4ef6eccff7b49f789bb072016338379", "header": "Effect of litigation", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "43 U.S.C. 1331 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1331" } ] }, { "text": "(g) Effect on other law \nNothing in this section affects the Presidential memorandum entitled Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition and dated September 8, 2020.", "id": "id1752c8a7aae04a809e894c9440ffb424", "header": "Effect on other law", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1331 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1331" }, { "text": "43 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/43/1344" }, { "text": "43 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/43/1344" }, { "text": "43 U.S.C. 1344", "legal-doc": "usc", "parsable-cite": "usc/43/1344" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "43 U.S.C. 1331 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1331" } ] } ]

[ "Civil actions and liability", "Gulf of Mexico", "Licensing and registrations", "Marine and coastal resources, fisheries", "Mining", "Oil and gas" ]

[ { "text": "1. Short title \nThis Act may be cited as the Access to Breast Cancer Diagnosis Act of 2023.", "id": "H2AA7842C682741A6AC07C8121A64A681", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requiring diagnostic and supplemental breast examinations to be covered with no cost-sharing requirements \n(a) In general \nSubpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq. ) is amended by adding at the end the following new section: 2730. Diagnostic and supplemental breast examinations \n(a) In general \nIn the case of a group health plan, or a health insurance issuer offering group or individual health insurance coverage, that provides benefits with respect to diagnostic and supplemental breast examinations furnished to an individual enrolled under such plan or such coverage, such plan or coverage shall not impose any cost-sharing requirements for these benefits. (b) Construction \nNothing in this section shall be construed— (1) to prohibit a group health plan or health insurance issuer from requiring timely prior authorization or imposing other appropriate utilization controls in approving coverage for any diagnostic and supplemental breast examination; or (2) to supersede a State law that provides greater protections with respect to the coverage of diagnostic and supplemental breast examinations than is provided under this section. (c) Definitions \nIn this section: (1) Cost-sharing requirements \nThe term cost-sharing requirements means a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. (2) Diagnostic breast examination \nThe term diagnostic breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound) that is— (A) used to evaluate an abnormality seen or suspected from a screening examination for breast cancer; or (B) used to evaluate an abnormality detected by another means of examination. (3) Supplemental breast examinations \nThe term supplemental breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using breast magnetic resonance imaging or breast ultrasound) that is— (A) used to screen for breast cancer when there is no abnormality seen or suspected; and (B) furnished based on personal or family medical history or additional factors that may increase the individual’s risk of breast cancer.. (b) Application to grandfathered health plans \nSection 1251(a)(4)(A) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18011(a)(4)(A) ) is amended— (1) by striking title and inserting title, or as added after the date of the enactment of this Act ; and (2) by adding at the end the following new clause: (v) Section 2730 (relating to coverage for diagnostic and supplemental breast examinations).. (c) Application to high deductible health plans with health savings account eligibility \nSection 223(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (H) Safe harbor for absence of deductible for diagnostic and supplemental breast examinations \nIn the case of plan years beginning on or after January 1, 2024, a plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for diagnostic and supplemental breast examinations.. (d) Effective date \nThe amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2024.", "id": "HCEE8FCDCDE55492884D184B786134F3D", "header": "Requiring diagnostic and supplemental breast examinations to be covered with no cost-sharing requirements", "nested": [ { "text": "(a) In general \nSubpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq. ) is amended by adding at the end the following new section: 2730. Diagnostic and supplemental breast examinations \n(a) In general \nIn the case of a group health plan, or a health insurance issuer offering group or individual health insurance coverage, that provides benefits with respect to diagnostic and supplemental breast examinations furnished to an individual enrolled under such plan or such coverage, such plan or coverage shall not impose any cost-sharing requirements for these benefits. (b) Construction \nNothing in this section shall be construed— (1) to prohibit a group health plan or health insurance issuer from requiring timely prior authorization or imposing other appropriate utilization controls in approving coverage for any diagnostic and supplemental breast examination; or (2) to supersede a State law that provides greater protections with respect to the coverage of diagnostic and supplemental breast examinations than is provided under this section. (c) Definitions \nIn this section: (1) Cost-sharing requirements \nThe term cost-sharing requirements means a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. (2) Diagnostic breast examination \nThe term diagnostic breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound) that is— (A) used to evaluate an abnormality seen or suspected from a screening examination for breast cancer; or (B) used to evaluate an abnormality detected by another means of examination. (3) Supplemental breast examinations \nThe term supplemental breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using breast magnetic resonance imaging or breast ultrasound) that is— (A) used to screen for breast cancer when there is no abnormality seen or suspected; and (B) furnished based on personal or family medical history or additional factors that may increase the individual’s risk of breast cancer..", "id": "H63991E4310944753A881FC70B7F1EBF2", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–11 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-11" } ] }, { "text": "(b) Application to grandfathered health plans \nSection 1251(a)(4)(A) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18011(a)(4)(A) ) is amended— (1) by striking title and inserting title, or as added after the date of the enactment of this Act ; and (2) by adding at the end the following new clause: (v) Section 2730 (relating to coverage for diagnostic and supplemental breast examinations)..", "id": "HF19F4FC1072C4F3D98BB2DC00F54DF7C", "header": "Application to grandfathered health plans", "nested": [], "links": [ { "text": "42 U.S.C. 18011(a)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/18011" } ] }, { "text": "(c) Application to high deductible health plans with health savings account eligibility \nSection 223(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (H) Safe harbor for absence of deductible for diagnostic and supplemental breast examinations \nIn the case of plan years beginning on or after January 1, 2024, a plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for diagnostic and supplemental breast examinations..", "id": "HA542F987570E48F9B291A50B1BAAEFC7", "header": "Application to high deductible health plans with health savings account eligibility", "nested": [], "links": [ { "text": "Section 223(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2024.", "id": "H3A0440058D8A462CBE7B9AC0BBCB24CA", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg–11 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-11" }, { "text": "42 U.S.C. 18011(a)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/18011" }, { "text": "Section 223(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/223" } ] }, { "text": "2730. Diagnostic and supplemental breast examinations \n(a) In general \nIn the case of a group health plan, or a health insurance issuer offering group or individual health insurance coverage, that provides benefits with respect to diagnostic and supplemental breast examinations furnished to an individual enrolled under such plan or such coverage, such plan or coverage shall not impose any cost-sharing requirements for these benefits. (b) Construction \nNothing in this section shall be construed— (1) to prohibit a group health plan or health insurance issuer from requiring timely prior authorization or imposing other appropriate utilization controls in approving coverage for any diagnostic and supplemental breast examination; or (2) to supersede a State law that provides greater protections with respect to the coverage of diagnostic and supplemental breast examinations than is provided under this section. (c) Definitions \nIn this section: (1) Cost-sharing requirements \nThe term cost-sharing requirements means a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. (2) Diagnostic breast examination \nThe term diagnostic breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound) that is— (A) used to evaluate an abnormality seen or suspected from a screening examination for breast cancer; or (B) used to evaluate an abnormality detected by another means of examination. (3) Supplemental breast examinations \nThe term supplemental breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using breast magnetic resonance imaging or breast ultrasound) that is— (A) used to screen for breast cancer when there is no abnormality seen or suspected; and (B) furnished based on personal or family medical history or additional factors that may increase the individual’s risk of breast cancer.", "id": "H4B774301A0C349718479394771C24B44", "header": "Diagnostic and supplemental breast examinations", "nested": [ { "text": "(a) In general \nIn the case of a group health plan, or a health insurance issuer offering group or individual health insurance coverage, that provides benefits with respect to diagnostic and supplemental breast examinations furnished to an individual enrolled under such plan or such coverage, such plan or coverage shall not impose any cost-sharing requirements for these benefits.", "id": "HC059F23F47284D05AA3D83A7E54E1C30", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Construction \nNothing in this section shall be construed— (1) to prohibit a group health plan or health insurance issuer from requiring timely prior authorization or imposing other appropriate utilization controls in approving coverage for any diagnostic and supplemental breast examination; or (2) to supersede a State law that provides greater protections with respect to the coverage of diagnostic and supplemental breast examinations than is provided under this section.", "id": "HBDD87139FFA34956965D71D2B2AB2B9A", "header": "Construction", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Cost-sharing requirements \nThe term cost-sharing requirements means a deductible, coinsurance, copayment, and any maximum limitation on the application of such a deductible, coinsurance, copayment or similar out-of-pocket expense. (2) Diagnostic breast examination \nThe term diagnostic breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound) that is— (A) used to evaluate an abnormality seen or suspected from a screening examination for breast cancer; or (B) used to evaluate an abnormality detected by another means of examination. (3) Supplemental breast examinations \nThe term supplemental breast examination means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast (including, but not limited to such an examination using breast magnetic resonance imaging or breast ultrasound) that is— (A) used to screen for breast cancer when there is no abnormality seen or suspected; and (B) furnished based on personal or family medical history or additional factors that may increase the individual’s risk of breast cancer.", "id": "HCAC87ABE11E0461B8B09B8038B19AE4C", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Cancer", "Health care costs and insurance", "Health care coverage and access", "Medical tests and diagnostic methods", "Women's health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Preserve Access to Affordable Generics and Biosimilars Act.", "id": "idbfdd8114-b690-4e4c-be94-9e4b1cbd64e4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Congressional findings and declaration of purposes \n(a) Findings \nCongress finds the following: (1) In 1984, the Drug Price Competition and Patent Term Restoration Act ( Public Law 98–417 ) (referred to in this Act as the 1984 Act ), was enacted with the intent of facilitating the early entry of generic drugs while preserving incentives for innovation. (2) Prescription drugs make up approximately 10 percent of the national health care spending. (3) Initially, the 1984 Act was successful in facilitating generic competition to the benefit of consumers and health care payers, although 88 percent of all prescriptions dispensed in the United States are generic drugs, they account for only 28 percent of all expenditures. (4) Generic drugs cost substantially less than brand name drugs, with discounts off the brand price averaging 80 to 85 percent. (5) Federal dollars currently account for over 40 percent of the $325,000,000,000 spent on retail prescription drugs, and this share is expected to rise to 47 percent by 2025. (6) (A) In recent years, the intent of the 1984 Act has been subverted by certain settlement agreements in which brand name companies transfer value to their potential generic competitors to settle claims that the generic company is infringing the branded company’s patents. (B) These reverse payment settlement agreements— (i) allow a branded company to share its monopoly profits with the generic company as a way to protect the branded company’s monopoly; and (ii) have unduly delayed the marketing of low-cost generic drugs contrary to free competition, the interests of consumers, and the principles underlying antitrust law. (C) Because of the price disparity between brand name and generic drugs, such agreements are more profitable for both the brand and generic manufacturers than competition and will become increasingly common unless prohibited. (D) These agreements result in consumers losing the benefits that the 1984 Act was intended to provide. (7) In 2010, the Biologics Price Competition and Innovation Act ( Public Law 111–148 ) (referred to in this Act as the BPCIA ), was enacted with the intent of facilitating the early entry of biosimilar and interchangeable follow-on versions of branded biological products while preserving incentives for innovation. (8) Biological drugs play an important role in treating many serious illnesses, from cancers to genetic disorders. They are also expensive, representing more than 40 percent of all prescription drug spending. (9) Competition from biosimilar and interchangeable biological products promises to lower drug costs and increase patient access to biological medicines. But reverse payment settlement agreements also threaten to delay the entry of biosimilar and interchangeable biological products, which would undermine the goals of BPCIA. (b) Purposes \nThe purposes of this Act are— (1) to enhance competition in the pharmaceutical market by stopping anticompetitive agreements between brand name and generic drug and biosimilar biological product manufacturers that limit, delay, or otherwise prevent competition from generic drugs and biosimilar biological products; and (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive practices in the pharmaceutical industry that harm consumers.", "id": "idd91938de-012a-4697-ad43-519c4d3bc425", "header": "Congressional findings and declaration of purposes", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) In 1984, the Drug Price Competition and Patent Term Restoration Act ( Public Law 98–417 ) (referred to in this Act as the 1984 Act ), was enacted with the intent of facilitating the early entry of generic drugs while preserving incentives for innovation. (2) Prescription drugs make up approximately 10 percent of the national health care spending. (3) Initially, the 1984 Act was successful in facilitating generic competition to the benefit of consumers and health care payers, although 88 percent of all prescriptions dispensed in the United States are generic drugs, they account for only 28 percent of all expenditures. (4) Generic drugs cost substantially less than brand name drugs, with discounts off the brand price averaging 80 to 85 percent. (5) Federal dollars currently account for over 40 percent of the $325,000,000,000 spent on retail prescription drugs, and this share is expected to rise to 47 percent by 2025. (6) (A) In recent years, the intent of the 1984 Act has been subverted by certain settlement agreements in which brand name companies transfer value to their potential generic competitors to settle claims that the generic company is infringing the branded company’s patents. (B) These reverse payment settlement agreements— (i) allow a branded company to share its monopoly profits with the generic company as a way to protect the branded company’s monopoly; and (ii) have unduly delayed the marketing of low-cost generic drugs contrary to free competition, the interests of consumers, and the principles underlying antitrust law. (C) Because of the price disparity between brand name and generic drugs, such agreements are more profitable for both the brand and generic manufacturers than competition and will become increasingly common unless prohibited. (D) These agreements result in consumers losing the benefits that the 1984 Act was intended to provide. (7) In 2010, the Biologics Price Competition and Innovation Act ( Public Law 111–148 ) (referred to in this Act as the BPCIA ), was enacted with the intent of facilitating the early entry of biosimilar and interchangeable follow-on versions of branded biological products while preserving incentives for innovation. (8) Biological drugs play an important role in treating many serious illnesses, from cancers to genetic disorders. They are also expensive, representing more than 40 percent of all prescription drug spending. (9) Competition from biosimilar and interchangeable biological products promises to lower drug costs and increase patient access to biological medicines. But reverse payment settlement agreements also threaten to delay the entry of biosimilar and interchangeable biological products, which would undermine the goals of BPCIA.", "id": "id237aa924-f31a-417c-af87-b33817a0e8bc", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 98–417", "legal-doc": "public-law", "parsable-cite": "pl/98/417" }, { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "(b) Purposes \nThe purposes of this Act are— (1) to enhance competition in the pharmaceutical market by stopping anticompetitive agreements between brand name and generic drug and biosimilar biological product manufacturers that limit, delay, or otherwise prevent competition from generic drugs and biosimilar biological products; and (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive practices in the pharmaceutical industry that harm consumers.", "id": "id368c7b6e-cfe7-46a5-8164-b318754755a3", "header": "Purposes", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 98–417", "legal-doc": "public-law", "parsable-cite": "pl/98/417" }, { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "3. Unlawful compensation for delay \n(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 44 et seq. ) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Preserving access to affordable generics and biosimilars \n(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Limitations \nIn determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume— (1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or (2) that the agreement’s provision for entry of the ANDA product or biosimilar biological product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive. (c) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (d) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Commissioner of Food and Drugs; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Commissioner of Food and Drugs. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (e) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (f) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (g) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application filed under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder, biological product license holder, ANDA filer, or biosimilar biological product application filer of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a), or on the licensing of biological product applications under section 351(k)(7) (12-year exclusivity) or paragraph (2) or (3) of section 351(m) (pediatric exclusivity) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) (orphan drug exclusivity).. (b) Effective date \nSection 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into on or after the date of enactment of this Act.", "id": "idf68ee83c-d7ca-4a76-808f-1ef5397a5de0", "header": "Unlawful compensation for delay", "nested": [ { "text": "(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 44 et seq. ) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Preserving access to affordable generics and biosimilars \n(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Limitations \nIn determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume— (1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or (2) that the agreement’s provision for entry of the ANDA product or biosimilar biological product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive. (c) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (d) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Commissioner of Food and Drugs; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Commissioner of Food and Drugs. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (e) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (f) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (g) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application filed under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder, biological product license holder, ANDA filer, or biosimilar biological product application filer of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a), or on the licensing of biological product applications under section 351(k)(7) (12-year exclusivity) or paragraph (2) or (3) of section 351(m) (pediatric exclusivity) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) (orphan drug exclusivity)..", "id": "idc5099263-36fe-4d13-97f5-684babb5e9e3", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 44 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "15 U.S.C. 57c–2", "legal-doc": "usc", "parsable-cite": "usc/15/57c-2" }, { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] }, { "text": "(b) Effective date \nSection 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into on or after the date of enactment of this Act.", "id": "idcee2748b-47a7-4186-8f96-ce512464d4e6", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 44 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "15 U.S.C. 57c–2", "legal-doc": "usc", "parsable-cite": "usc/15/57c-2" }, { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] }, { "text": "27. Preserving access to affordable generics and biosimilars \n(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Limitations \nIn determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume— (1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or (2) that the agreement’s provision for entry of the ANDA product or biosimilar biological product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive. (c) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (d) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Commissioner of Food and Drugs; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Commissioner of Food and Drugs. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (e) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (f) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (g) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application filed under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder, biological product license holder, ANDA filer, or biosimilar biological product application filer of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a), or on the licensing of biological product applications under section 351(k)(7) (12-year exclusivity) or paragraph (2) or (3) of section 351(m) (pediatric exclusivity) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) (orphan drug exclusivity).", "id": "id1e47f983-786e-4090-9420-db9207ddf5fd", "header": "Preserving access to affordable generics and biosimilars", "nested": [ { "text": "(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement.", "id": "id248e9353-de20-411f-9751-b069bb0c076e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitations \nIn determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume— (1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or (2) that the agreement’s provision for entry of the ANDA product or biosimilar biological product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive.", "id": "idfe533e48-bd53-4d93-abeb-9a611708037c", "header": "Limitations", "nested": [], "links": [] }, { "text": "(c) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent.", "id": "idfe22272f-0251-4ce2-93a0-a79026b9216b", "header": "Exclusions", "nested": [], "links": [] }, { "text": "(d) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Commissioner of Food and Drugs; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Commissioner of Food and Drugs. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive.", "id": "id1830b2fe-704e-4ad7-825f-cf01f0658ecf", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(e) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition.", "id": "ida094d1ec-28ed-47ae-9882-99d4a2b68ffd", "header": "Antitrust laws", "nested": [], "links": [ { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" } ] }, { "text": "(f) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law.", "id": "id1ab54d86-433b-4a90-a95a-cd32a6812158", "header": "Penalties", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application filed under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder, biological product license holder, ANDA filer, or biosimilar biological product application filer of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a), or on the licensing of biological product applications under section 351(k)(7) (12-year exclusivity) or paragraph (2) or (3) of section 351(m) (pediatric exclusivity) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) (orphan drug exclusivity).", "id": "id32e3df28-d628-40d4-93ec-96d9751f1aa1", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] } ], "links": [ { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] }, { "text": "4. Certification of agreements \n(a) Notice of all agreements \nSection 1111(7) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by inserting , or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making, using, offering to sell, selling, or importing into the United States a biological product that is the subject of a biosimilar biological product application before the period at the end. (b) Certification of agreements \nSection 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by adding at the end the following: (d) Certification \nThe Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c), within 30 days after such filing, shall execute and file with the Assistant Attorney General and the Commission a certification as follows: I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification— (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing..", "id": "id6b802986-e743-4c79-9e0f-727d2b28774a", "header": "Certification of agreements", "nested": [ { "text": "(a) Notice of all agreements \nSection 1111(7) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by inserting , or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making, using, offering to sell, selling, or importing into the United States a biological product that is the subject of a biosimilar biological product application before the period at the end.", "id": "idD75A17259546402984BEEFDAEC7EA04E", "header": "Notice of all agreements", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(b) Certification of agreements \nSection 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by adding at the end the following: (d) Certification \nThe Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c), within 30 days after such filing, shall execute and file with the Assistant Attorney General and the Commission a certification as follows: I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification— (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing..", "id": "idC3E95E2172E143D78DEE0D3E1C0D2908", "header": "Certification of agreements", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "5. Notification of agreements \nSection 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note), as amended by section 4(b), is further amended by adding at the end the following: (e) Rule of construction \n(1) In general \nAn agreement that is required under subsection (a) or (b) shall include agreements resolving any outstanding disputes, including agreements resolving or settling a Patent Trial and Appeal Board proceeding. (2) Definition \nFor purposes of subparagraph (A), the term Patent Trial and Appeal Board proceeding means a proceeding conducted by the Patent Trial and Appeal Board of the United States Patent and Trademark Office, including an inter partes review instituted under chapter 31 of title 35, United States Code, a post-grant review instituted under chapter 32 of that title (including a proceeding instituted pursuant to the transitional program for covered business method patents, as described in section 18 of the Leahy-Smith America Invents Act ( 35 U.S.C. 321 note)), and a derivation proceeding instituted under section 135 of that title..", "id": "idc97ed86d61ab46bcaf0f10dbca006441", "header": "Notification of agreements", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/35/31" }, { "text": "35 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/35/321" } ] }, { "text": "6. Forfeiture of 180-day exclusivity period \nSection 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(D)(i)(V) ) is amended by inserting section 27 of the Federal Trade Commission Act or after that the agreement has violated.", "id": "idd0e6f26f-31ad-4568-a949-e6ae29f2d66c", "header": "Forfeiture of 180-day exclusivity period", "nested": [], "links": [ { "text": "21 U.S.C. 355(j)(5)(D)(i)(V)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "7. Commission litigation authority \nSection 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (D), by striking or after the semicolon; (2) in subparagraph (E)— (A) by moving the margin 2 ems to the left; and (B) by inserting or after the semicolon; and (3) inserting after subparagraph (E) the following: (F) under section 27,.", "id": "id199e00d2-82cc-40b4-9df5-110e837e602d", "header": "Commission litigation authority", "nested": [], "links": [ { "text": "15 U.S.C. 56(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/56" } ] }, { "text": "8. Report on additional exclusion \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a recommendation, and the Commission’s basis for such recommendation, regarding a potential amendment to include in section 27(c) of the Federal Trade Commission Act (as added by section 3 of this Act) an additional exclusion for consideration granted by an NDA holder to a ANDA filer or by a biological product license holder to a biosimilar biological product application filer as part of the resolution or settlement, a release, waiver, or limitation of a claim for damages or other monetary relief. (b) Definitions \nIn this section, the terms ANDA filer , biological product license holder , biosimilar biological product application filer , and NDA holder have the meanings given such terms in section 27(g) of the Federal Trade Commission Act (as added by section 3 of this Act).", "id": "id48fa1cf092a44aed966b8b370ccc3e04", "header": "Report on additional exclusion", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a recommendation, and the Commission’s basis for such recommendation, regarding a potential amendment to include in section 27(c) of the Federal Trade Commission Act (as added by section 3 of this Act) an additional exclusion for consideration granted by an NDA holder to a ANDA filer or by a biological product license holder to a biosimilar biological product application filer as part of the resolution or settlement, a release, waiver, or limitation of a claim for damages or other monetary relief.", "id": "idEF3B077B8FA648FA8107FA7835BD580F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section, the terms ANDA filer , biological product license holder , biosimilar biological product application filer , and NDA holder have the meanings given such terms in section 27(g) of the Federal Trade Commission Act (as added by section 3 of this Act).", "id": "id75F9B6006CB84E2E997EBC7C925D9D3A", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Statute of limitations \nThe Federal Trade Commission shall commence any enforcement proceeding described in section 27 of the Federal Trade Commission Act, as added by section 3, except for an action described in section 27(f)(2) of the Federal Trade Commission Act, not later than 6 years after the date on which the parties to the agreement file the certification under section 1112(d) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 ( 21 U.S.C. 355 note).", "id": "id59c49c8f-a6f8-4c9c-b1ef-982ef398310e", "header": "Statute of limitations", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "10. Severability \nIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such Act or amendments to any person or circumstance shall not be affected.", "id": "id4051fbb2-6899-486d-910d-32823fe2ee59", "header": "Severability", "nested": [], "links": [] }, { "text": "1. Short title \nThis Act may be cited as the Preserve Access to Affordable Generics and Biosimilars Act.", "id": "id123b9b3e-4622-4495-abd6-538c211c08ca", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Congressional findings and declaration of purposes \n(a) Findings \nCongress finds the following: (1) In 1984, the Drug Price Competition and Patent Term Restoration Act ( Public Law 98–417 ) (referred to in this Act as the 1984 Act ), was enacted with the intent of facilitating the early entry of generic drugs while preserving incentives for innovation. (2) Prescription drugs make up approximately 10 percent of the national health care spending. (3) Initially, the 1984 Act was successful in facilitating generic competition to the benefit of consumers and health care payers, although 88 percent of all prescriptions dispensed in the United States are generic drugs, they account for only 28 percent of all expenditures. (4) Generic drugs cost substantially less than brand name drugs, with discounts off the brand price averaging 80 to 85 percent. (5) Federal dollars currently account for over 40 percent of the $325,000,000,000 spent on retail prescription drugs, and this share is expected to rise to 47 percent by 2025. (6) (A) In recent years, the intent of the 1984 Act has been subverted by certain settlement agreements in which brand name companies transfer value to their potential generic competitors to settle claims that the generic company is infringing the branded company’s patents. (B) These reverse payment settlement agreements— (i) allow a branded company to share its monopoly profits with the generic company as a way to protect the branded company’s monopoly; and (ii) have unduly delayed the marketing of low-cost generic drugs contrary to free competition, the interests of consumers, and the principles underlying antitrust law. (C) Because of the price disparity between brand name and generic drugs, such agreements are more profitable for both the brand and generic manufacturers than competition and will become increasingly common unless prohibited. (D) These agreements result in consumers losing the benefits that the 1984 Act was intended to provide. (7) In 2010, the Biologics Price Competition and Innovation Act ( Public Law 111–148 ) (referred to in this Act as the BPCIA ), was enacted with the intent of facilitating the early entry of biosimilar and interchangeable follow-on versions of branded biological products while preserving incentives for innovation. (8) Biological drugs play an important role in treating many serious illnesses, from cancers to genetic disorders. They are also expensive, representing more than 40 percent of all prescription drug spending. (9) Competition from biosimilar and interchangeable biological products promises to lower drug costs and increase patient access to biological medicines. But reverse payment settlement agreements also threaten to delay the entry of biosimilar and interchangeable biological products, which would undermine the goals of BPCIA. (b) Purposes \nThe purposes of this Act are— (1) to enhance competition in the pharmaceutical market by stopping anticompetitive agreements between brand name and generic drug and biosimilar biological product manufacturers that limit, delay, or otherwise prevent competition from generic drugs and biosimilar biological products; and (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive practices in the pharmaceutical industry that harm consumers.", "id": "ida4b0cc9f-ecb0-4e66-9df5-f0354b131eee", "header": "Congressional findings and declaration of purposes", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) In 1984, the Drug Price Competition and Patent Term Restoration Act ( Public Law 98–417 ) (referred to in this Act as the 1984 Act ), was enacted with the intent of facilitating the early entry of generic drugs while preserving incentives for innovation. (2) Prescription drugs make up approximately 10 percent of the national health care spending. (3) Initially, the 1984 Act was successful in facilitating generic competition to the benefit of consumers and health care payers, although 88 percent of all prescriptions dispensed in the United States are generic drugs, they account for only 28 percent of all expenditures. (4) Generic drugs cost substantially less than brand name drugs, with discounts off the brand price averaging 80 to 85 percent. (5) Federal dollars currently account for over 40 percent of the $325,000,000,000 spent on retail prescription drugs, and this share is expected to rise to 47 percent by 2025. (6) (A) In recent years, the intent of the 1984 Act has been subverted by certain settlement agreements in which brand name companies transfer value to their potential generic competitors to settle claims that the generic company is infringing the branded company’s patents. (B) These reverse payment settlement agreements— (i) allow a branded company to share its monopoly profits with the generic company as a way to protect the branded company’s monopoly; and (ii) have unduly delayed the marketing of low-cost generic drugs contrary to free competition, the interests of consumers, and the principles underlying antitrust law. (C) Because of the price disparity between brand name and generic drugs, such agreements are more profitable for both the brand and generic manufacturers than competition and will become increasingly common unless prohibited. (D) These agreements result in consumers losing the benefits that the 1984 Act was intended to provide. (7) In 2010, the Biologics Price Competition and Innovation Act ( Public Law 111–148 ) (referred to in this Act as the BPCIA ), was enacted with the intent of facilitating the early entry of biosimilar and interchangeable follow-on versions of branded biological products while preserving incentives for innovation. (8) Biological drugs play an important role in treating many serious illnesses, from cancers to genetic disorders. They are also expensive, representing more than 40 percent of all prescription drug spending. (9) Competition from biosimilar and interchangeable biological products promises to lower drug costs and increase patient access to biological medicines. But reverse payment settlement agreements also threaten to delay the entry of biosimilar and interchangeable biological products, which would undermine the goals of BPCIA.", "id": "id57a9dbf1-38bd-41ab-a523-93081d79640f", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 98–417", "legal-doc": "public-law", "parsable-cite": "pl/98/417" }, { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "(b) Purposes \nThe purposes of this Act are— (1) to enhance competition in the pharmaceutical market by stopping anticompetitive agreements between brand name and generic drug and biosimilar biological product manufacturers that limit, delay, or otherwise prevent competition from generic drugs and biosimilar biological products; and (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive practices in the pharmaceutical industry that harm consumers.", "id": "id078ab36d-cbc4-4574-a3ff-fad28d81f7f3", "header": "Purposes", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 98–417", "legal-doc": "public-law", "parsable-cite": "pl/98/417" }, { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "3. Unlawful compensation for delay \n(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 44 et seq. ) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Preserving access to affordable generics and biosimilars \n(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (c) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Secretary of Health and Human Services; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Secretary of Health and Human Services. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (d) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (e) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this section shall be construed to limit any authority of the Commission under any other provision of law. (f) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application submitted pursuant to section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Secretary of Health and Human Services or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Secretary of Health and Human Services or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder or biological product license holder of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the submission or the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E), clauses (ii) through (iv) of section 505(j)(5)(F), section 527, section 505A, or section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a, 355f), or on the submission or licensing of biological product applications under section 351(k)(7) or paragraph (2) or (3) of section 351(m) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ).. (b) Effective date \nSection 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into on or after the date of enactment of this Act.", "id": "id48598bec-4c9d-4b45-bbfb-1604c6494c9f", "header": "Unlawful compensation for delay", "nested": [ { "text": "(a) In general \nThe Federal Trade Commission Act ( 15 U.S.C. 44 et seq. ) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Preserving access to affordable generics and biosimilars \n(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (c) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Secretary of Health and Human Services; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Secretary of Health and Human Services. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (d) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (e) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this section shall be construed to limit any authority of the Commission under any other provision of law. (f) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application submitted pursuant to section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Secretary of Health and Human Services or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Secretary of Health and Human Services or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder or biological product license holder of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the submission or the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E), clauses (ii) through (iv) of section 505(j)(5)(F), section 527, section 505A, or section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a, 355f), or on the submission or licensing of biological product applications under section 351(k)(7) or paragraph (2) or (3) of section 351(m) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc )..", "id": "id79155525-f1ba-4e8d-abfc-af6832f0f797", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 44 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "15 U.S.C. 57c–2", "legal-doc": "usc", "parsable-cite": "usc/15/57c-2" }, { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] }, { "text": "(b) Effective date \nSection 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into on or after the date of enactment of this Act.", "id": "id17a903eb-ff08-417a-88e2-dfd9249f2f7e", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 44 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/44" }, { "text": "15 U.S.C. 57c–2", "legal-doc": "usc", "parsable-cite": "usc/15/57c-2" }, { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] }, { "text": "27. Preserving access to affordable generics and biosimilars \n(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (c) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Secretary of Health and Human Services; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Secretary of Health and Human Services. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (d) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (e) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this section shall be construed to limit any authority of the Commission under any other provision of law. (f) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application submitted pursuant to section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Secretary of Health and Human Services or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Secretary of Health and Human Services or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder or biological product license holder of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the submission or the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E), clauses (ii) through (iv) of section 505(j)(5)(F), section 527, section 505A, or section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a, 355f), or on the submission or licensing of biological product applications under section 351(k)(7) or paragraph (2) or (3) of section 351(m) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ).", "id": "idc83a296f-3734-42fd-b9cd-11778eaa23f8", "header": "Preserving access to affordable generics and biosimilars", "nested": [ { "text": "(a) In general \n(1) Enforcement proceeding \nThe Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation \n(A) In general \nSubject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forgo research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception \nSubparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement.", "id": "idc3b1dd47-ef62-4967-81ab-12d3faed3402", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exclusions \nNothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration that the ANDA filer or biosimilar biological product application filer, respectively, receives as part of the resolution or settlement includes only one or more of the following: (1) The right to market and secure final approval in the United States for the ANDA product or biosimilar biological product at a date, whether certain or contingent, prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed— (A) for calendar year 2023, $7,500,000; or (B) for calendar year 2024 and each subsequent calendar year, the amount determined for the preceding calendar year adjusted to reflect the percentage increase (if any) in the Producer Price Index for Legal Services published by the Bureau of Labor Statistics of the Department of Labor for the most recent calendar year. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent.", "id": "ida54fa139-22fd-44a1-9de8-3a7c3aea99c4", "header": "Exclusions", "nested": [], "links": [] }, { "text": "(c) Enforcement \n(1) Enforcement \nA violation of this section shall be treated as an unfair method of competition under section 5(a)(1). (2) Judicial review \n(A) In general \nAny party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Secretary of Health and Human Services; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Secretary of Health and Human Services. (B) Treatment of findings \nIn a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive.", "id": "id8754173d-1b23-443d-9337-89c679c7c48c", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(d) Antitrust laws \nNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition.", "id": "idd1c50d60-95ea-4fec-a5ab-4fc606a39538", "header": "Antitrust laws", "nested": [], "links": [ { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" } ] }, { "text": "(e) Penalties \n(1) Forfeiture \nEach party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, the penalty to the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer shall be sufficient to deter violations, but in no event shall be greater than 3 times the value given to an ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist \n(A) In general \nIf the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception \nIn an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty \nIn determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, the biological product license holder, the ANDA filer, or the biosimilar biological product application filer, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition \nRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this section shall be construed to limit any authority of the Commission under any other provision of law.", "id": "idbbfca075-b323-4dc2-82a2-51a6e4619681", "header": "Penalties", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Agreement \nThe term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim \nThe term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA \nThe term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application submitted pursuant to section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer \nThe term ANDA filer means a party that owns or controls an ANDA filed with the Secretary of Health and Human Services or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product \nThe term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product \nThe term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application \nThe term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder \nThe term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product \nThe term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application \nThe term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer \nThe term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Secretary of Health and Human Services or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product \nThe term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) Market \nThe term market means the promotion, offering for sale, selling, or distribution of a drug product. (14) NDA \nThe term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (15) NDA holder \nThe term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (16) Party \nThe term party means any person, partnership, corporation, or other legal entity. (17) Patent infringement \nThe term patent infringement means infringement of any patent or of any filed patent application, including any extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (18) Patent infringement claim \nThe term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biosimilar biological product license application or biosimilar biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder or biological product license holder of the drug product or biological product, as applicable. (19) Statutory exclusivity \nThe term statutory exclusivity means those prohibitions on the submission or the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E), clauses (ii) through (iv) of section 505(j)(5)(F), section 527, section 505A, or section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a, 355f), or on the submission or licensing of biological product applications under section 351(k)(7) or paragraph (2) or (3) of section 351(m) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ).", "id": "id9891a58b-36e7-46d9-acc2-6e4f8a696ae2", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] } ], "links": [ { "text": "15 U.S.C. 12(a)", "legal-doc": "usc", "parsable-cite": "usc/15/12" }, { "text": "15 U.S.C. 1", "legal-doc": "usc", "parsable-cite": "usc/15/1" }, { "text": "21 U.S.C. 355(j)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(a)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 262(k)", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 355(b)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355(c)(3)(E)", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] }, { "text": "4. Certification of agreements \n(a) Notice of all agreements \nSection 1111(7) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by inserting , or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making, using, offering to sell, selling, or importing into the United States a biological product that is the subject of a biosimilar biological product application before the period at the end. (b) Certification of agreements \nSection 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by adding at the end the following: (d) Certification \nThe Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c), within 30 days after such filing, shall execute and file with the Assistant Attorney General and the Commission a certification as follows: ‘I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification— (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.’.", "id": "idfe32b55d-7054-43c2-8ef8-839aac3e9d8e", "header": "Certification of agreements", "nested": [ { "text": "(a) Notice of all agreements \nSection 1111(7) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by inserting , or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making, using, offering to sell, selling, or importing into the United States a biological product that is the subject of a biosimilar biological product application before the period at the end.", "id": "id2c958250-5dd7-492c-856c-06cd573ced5b", "header": "Notice of all agreements", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(b) Certification of agreements \nSection 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by adding at the end the following: (d) Certification \nThe Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c), within 30 days after such filing, shall execute and file with the Assistant Attorney General and the Commission a certification as follows: ‘I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification— (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.’.", "id": "id2f95f246-4ffa-44f2-8624-4b30d5f37dfa", "header": "Certification of agreements", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "5. Notification of agreements \nSection 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note), as amended by section 4(b), is further amended by adding at the end the following: (e) Rule of construction \n(1) In general \nAn agreement that is required under subsection (a) or (b) shall include agreements resolving any outstanding disputes, including agreements resolving or settling a Patent Trial and Appeal Board proceeding. (2) Definition \nFor purposes of subparagraph (A), the term Patent Trial and Appeal Board proceeding means a proceeding conducted by the Patent Trial and Appeal Board of the United States Patent and Trademark Office, including an inter partes review instituted under chapter 31 of title 35, United States Code, a post-grant review instituted under chapter 32 of that title (including a proceeding instituted pursuant to the transitional program for covered business method patents, as described in section 18 of the Leahy-Smith America Invents Act ( 35 U.S.C. 321 note)), and a derivation proceeding instituted under section 135 of that title..", "id": "id08a96f3b-4ef2-4c8b-9ed8-28bf5703ff31", "header": "Notification of agreements", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/35/31" }, { "text": "35 U.S.C. 321", "legal-doc": "usc", "parsable-cite": "usc/35/321" } ] }, { "text": "6. Forfeiture of 180-day exclusivity period \nSection 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(D)(i)(V) ) is amended by inserting section 27 of the Federal Trade Commission Act or after that the agreement has violated.", "id": "id2f0fb219-99c3-4eb1-8357-0e1ed283f34d", "header": "Forfeiture of 180-day exclusivity period", "nested": [], "links": [ { "text": "21 U.S.C. 355(j)(5)(D)(i)(V)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "7. Commission litigation authority \nSection 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (D), by striking or after the semicolon; (2) in subparagraph (E)— (A) by moving the margin 2 ems to the left; and (B) by inserting or after the semicolon; and (3) inserting after subparagraph (E) the following: (F) under section 27,.", "id": "id74c04b92-895b-4b43-b799-75cf15c67489", "header": "Commission litigation authority", "nested": [], "links": [ { "text": "15 U.S.C. 56(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/56" } ] }, { "text": "8. Report on additional exclusion \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a recommendation, and the Commission’s basis for such recommendation, regarding a potential amendment to include in section 27(b) of the Federal Trade Commission Act (as added by section 3 of this Act) an additional exclusion for consideration granted by an NDA holder to a ANDA filer or by a biological product license holder to a biosimilar biological product application filer as part of the resolution or settlement, a release, waiver, or limitation of a claim for damages or other monetary relief. (b) Definitions \nIn this section, the terms ANDA filer , biological product license holder , biosimilar biological product application filer , and NDA holder have the meanings given such terms in section 27(f) of the Federal Trade Commission Act (as added by section 3 of this Act).", "id": "ided1bc229-5b15-4d1d-9054-e1331703a811", "header": "Report on additional exclusion", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a recommendation, and the Commission’s basis for such recommendation, regarding a potential amendment to include in section 27(b) of the Federal Trade Commission Act (as added by section 3 of this Act) an additional exclusion for consideration granted by an NDA holder to a ANDA filer or by a biological product license holder to a biosimilar biological product application filer as part of the resolution or settlement, a release, waiver, or limitation of a claim for damages or other monetary relief.", "id": "id4569861f-2ab4-47c7-86b0-c944b79e59fe", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section, the terms ANDA filer , biological product license holder , biosimilar biological product application filer , and NDA holder have the meanings given such terms in section 27(f) of the Federal Trade Commission Act (as added by section 3 of this Act).", "id": "id059eb39c-3764-4d08-8a16-3092610b5582", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Statute of limitations \nThe Federal Trade Commission shall commence any enforcement proceeding described in section 27 of the Federal Trade Commission Act, as added by section 3, except for an action described in section 27(e)(2) of the Federal Trade Commission Act, not later than 6 years after the date on which the parties to the agreement file the certification under section 1112(d) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 ( 21 U.S.C. 355 note).", "id": "id25e51bfd-6ca4-435c-a7a1-1d79214ce85d", "header": "Statute of limitations", "nested": [], "links": [ { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "10. Severability \nIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such Act or amendments to any person or circumstance shall not be affected.", "id": "idb4a7fc19-d548-46c2-806a-9edc97dabb72", "header": "Severability", "nested": [], "links": [] } ]

[ "Administrative law and regulatory procedures", "Civil actions and liability", "Competition and antitrust", "Contracts and agency", "Federal Trade Commission (FTC)", "Intellectual property", "Judicial review and appeals", "Licensing and registrations", "Manufacturing", "Marketing and advertising", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Cleaner Air Spaces Act of 2023.", "id": "H55B99E5F5AFC4B248FFA8F45E98CEE60", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Cleaner air space program grants \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Air pollution control agency \nThe term air pollution control agency has the meaning the term given in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ). (3) Clean air center \nThe term clean air center means 1 or more clean air rooms in a publicly accessible building. (4) Clean air room \nThe term clean air room means a room that is designed to keep levels of harmful air pollutants as low as possible during wildland fire smoke events. (5) Covered household \nThe term covered household means a household that— (A) is located in a low-income community; and (B) includes a person who— (i) is at high-risk of experiencing a wildland fire smoke event; and (ii) is vulnerable to negative health effects caused by wildland fire smoke due to factors such as an underlying health condition, a disability, or age. (6) Eligible air filtration unit \nThe term eligible air filtration unit means an air filtration unit that— (A) is certified by the Association of Home Appliance Manufacturers to have a Clean Air Delivery Rate of at least 97 for smoke; (B) is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (C) does not emit ozone; and (D) uses a true high-efficiency particulate air filter rated to remove 99.97 percent of particles measuring 0.3 micrometers or greater. (7) Low-income community \nThe term low-income community has the meaning given the term in section 45D(e) of the Internal Revenue Code. (b) Grants authorized \nSubject to the availability of appropriations, the Administrator shall provide grants to air pollution control agencies to implement a cleaner air space program in accordance with this section. (c) Grant requirements \n(1) Amounts \nUnder this section, the Administrator may not provide a grant to an air pollution control agency in an amount that exceeds $3,000,000. (2) Grants for Tribes \nThe Administrator shall provide at least 1 grant under this section to a Tribal agency that has jurisdiction over air quality. (d) Application \n(1) In general \nTo apply for a grant under this section, an air pollution control agency shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines appropriate, including a proposal for the implementation of a cleaner air space program. (2) Proposal for cleaner air space program requirements \nA proposal for the implementation of a cleaner air space program of an air pollution control agency under paragraph (1) shall include the following: (A) Certification of partnering with a community-based organization. (B) Details on the responsibilities of all parties involved with the cleaner air space program, including the responsibilities of— (i) the air pollution control agency; and (ii) any community-based organizations with which the air pollution control agency is partnering under subparagraph (A). (C) Information with respect to which geographic population or community of covered households may be receiving eligible air filtration units under the cleaner air space program. (D) Information on how the air pollution control agency plans— (i) to distribute educational materials related to eligible air filtration units; and (ii) to advertise the availability of clean air centers. (E) Information on how the air pollution control agency plans to establish a clean air center, including— (i) the facility in which a clean air center may be established; and (ii) the capacity and ventilation characteristics of that facility. (F) A description of the costs that may be associated with the cleaner air space program, including any administrative costs. (e) Cleaner air space program requirements \nSubject to satisfaction of the partnership requirement described in subsection (f), an air pollution control agency implementing a cleaner air space program pursuant to a grant provided under subsection (b) shall— (1) establish at least 1 clean air center that is— (A) located in an area at risk of being exposed to wildland fire smoke; (B) accessible to individuals that reside in covered households; (C) open, accessible, and staffed during wildland fire smoke events with the option of being open, accessible, and staffed before or after wildland fire smoke events; (2) advertise to the public— (A) during a wildland fire smoke event, the availability of a clean air center; and (B) the cleaner air space program that the air pollution control agency is implementing, including information about the cleaner air space program, the availability of free air filtration units (if applicable), eligibility requirements to receive those free air filtration units, and information on who to contact for more information with respect to the cleaner air space program; (3) at no cost to covered households— (A) distribute not less than 1,000 eligible air filtration units to those covered households; and (B) provide 1 air filter replacement for each eligible air filtration unit distributed under subparagraph (A); (4) distribute educational materials that include information with respect to how to best utilize an eligible air filtration unit to create a clean air room in a home; (5) collect, and provide to the Administrator, information on— (A) each type of eligible air filtration unit distributed under the cleaner air space program; (B) the number of eligible air filtration units so distributed; and (C) the cost of each type of eligible air filtration unit so distributed; and (6) not later than 6 months after providing an eligible air filtration unit to a covered household, conduct an anonymous survey of an individual of the covered household that received the eligible air filtration unit through the cleaner air space program with respect to— (A) whether the individual understood how to properly set up a clean air room and how to utilize the air filtration unit; (B) how often the individual utilized the air filtration unit; (C) the largest barriers to properly utilizing the air filtration unit or creating a clean air room; (D) whether the individual reported better air conditions in the clean air room compared to other parts of the home of that individual; and (E) how the implementation of the cleaner air space program could improve. (f) Partnership \nIn implementing a cleaner air space program pursuant to a grant provided under subsection (b), an air pollution control agency shall partner with at least 1 community-based organization to carry out the requirements of the cleaner air space program described in subsection (e). (g) Report \nNot later than 3 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that includes— (1) information on each cleaner air space program implemented using a grant provided under subsection (b), including— (A) the name of the air pollution control agency that received the grant; and (B) the information described in subsection (e)(5) collected by the air pollution control agency; (2) responses from the surveys described in subsection (e)(6); and (3) recommendations with respect to— (A) whether the grant program under this section should be expanded; and (B) how the grant program under this section can be improved. (h) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Administrator to carry out this section $30,000,000 for the period of fiscal years 2024 through 2026. (2) Administrative expenses \nOf the funds made available under paragraph (1), the Administrator may use not more than 10 percent for expenses relating to administering the grant program under this section.", "id": "H6D06E53C1FD247B78E16C42925B45F55", "header": "Cleaner air space program grants", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Air pollution control agency \nThe term air pollution control agency has the meaning the term given in section 302 of the Clean Air Act ( 42 U.S.C. 7602 ). (3) Clean air center \nThe term clean air center means 1 or more clean air rooms in a publicly accessible building. (4) Clean air room \nThe term clean air room means a room that is designed to keep levels of harmful air pollutants as low as possible during wildland fire smoke events. (5) Covered household \nThe term covered household means a household that— (A) is located in a low-income community; and (B) includes a person who— (i) is at high-risk of experiencing a wildland fire smoke event; and (ii) is vulnerable to negative health effects caused by wildland fire smoke due to factors such as an underlying health condition, a disability, or age. (6) Eligible air filtration unit \nThe term eligible air filtration unit means an air filtration unit that— (A) is certified by the Association of Home Appliance Manufacturers to have a Clean Air Delivery Rate of at least 97 for smoke; (B) is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (C) does not emit ozone; and (D) uses a true high-efficiency particulate air filter rated to remove 99.97 percent of particles measuring 0.3 micrometers or greater. (7) Low-income community \nThe term low-income community has the meaning given the term in section 45D(e) of the Internal Revenue Code.", "id": "id48C48ABAB15E4D19A12733E8B39D8D14", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 7602", "legal-doc": "usc", "parsable-cite": "usc/42/7602" }, { "text": "42 U.S.C. 6294a", "legal-doc": "usc", "parsable-cite": "usc/42/6294a" } ] }, { "text": "(b) Grants authorized \nSubject to the availability of appropriations, the Administrator shall provide grants to air pollution control agencies to implement a cleaner air space program in accordance with this section.", "id": "H826CC1E17B45411B824CB0DDECF64FFD", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(c) Grant requirements \n(1) Amounts \nUnder this section, the Administrator may not provide a grant to an air pollution control agency in an amount that exceeds $3,000,000. (2) Grants for Tribes \nThe Administrator shall provide at least 1 grant under this section to a Tribal agency that has jurisdiction over air quality.", "id": "H3409DDD303D34842B06243A27E32F4BC", "header": "Grant requirements", "nested": [], "links": [] }, { "text": "(d) Application \n(1) In general \nTo apply for a grant under this section, an air pollution control agency shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines appropriate, including a proposal for the implementation of a cleaner air space program. (2) Proposal for cleaner air space program requirements \nA proposal for the implementation of a cleaner air space program of an air pollution control agency under paragraph (1) shall include the following: (A) Certification of partnering with a community-based organization. (B) Details on the responsibilities of all parties involved with the cleaner air space program, including the responsibilities of— (i) the air pollution control agency; and (ii) any community-based organizations with which the air pollution control agency is partnering under subparagraph (A). (C) Information with respect to which geographic population or community of covered households may be receiving eligible air filtration units under the cleaner air space program. (D) Information on how the air pollution control agency plans— (i) to distribute educational materials related to eligible air filtration units; and (ii) to advertise the availability of clean air centers. (E) Information on how the air pollution control agency plans to establish a clean air center, including— (i) the facility in which a clean air center may be established; and (ii) the capacity and ventilation characteristics of that facility. (F) A description of the costs that may be associated with the cleaner air space program, including any administrative costs.", "id": "HB74FCE34B8944B3F8E66B8EF6A4E06DC", "header": "Application", "nested": [], "links": [] }, { "text": "(e) Cleaner air space program requirements \nSubject to satisfaction of the partnership requirement described in subsection (f), an air pollution control agency implementing a cleaner air space program pursuant to a grant provided under subsection (b) shall— (1) establish at least 1 clean air center that is— (A) located in an area at risk of being exposed to wildland fire smoke; (B) accessible to individuals that reside in covered households; (C) open, accessible, and staffed during wildland fire smoke events with the option of being open, accessible, and staffed before or after wildland fire smoke events; (2) advertise to the public— (A) during a wildland fire smoke event, the availability of a clean air center; and (B) the cleaner air space program that the air pollution control agency is implementing, including information about the cleaner air space program, the availability of free air filtration units (if applicable), eligibility requirements to receive those free air filtration units, and information on who to contact for more information with respect to the cleaner air space program; (3) at no cost to covered households— (A) distribute not less than 1,000 eligible air filtration units to those covered households; and (B) provide 1 air filter replacement for each eligible air filtration unit distributed under subparagraph (A); (4) distribute educational materials that include information with respect to how to best utilize an eligible air filtration unit to create a clean air room in a home; (5) collect, and provide to the Administrator, information on— (A) each type of eligible air filtration unit distributed under the cleaner air space program; (B) the number of eligible air filtration units so distributed; and (C) the cost of each type of eligible air filtration unit so distributed; and (6) not later than 6 months after providing an eligible air filtration unit to a covered household, conduct an anonymous survey of an individual of the covered household that received the eligible air filtration unit through the cleaner air space program with respect to— (A) whether the individual understood how to properly set up a clean air room and how to utilize the air filtration unit; (B) how often the individual utilized the air filtration unit; (C) the largest barriers to properly utilizing the air filtration unit or creating a clean air room; (D) whether the individual reported better air conditions in the clean air room compared to other parts of the home of that individual; and (E) how the implementation of the cleaner air space program could improve.", "id": "H9FBD72009ACA4979B5DD8AA3964FDEF5", "header": "Cleaner air space program requirements", "nested": [], "links": [] }, { "text": "(f) Partnership \nIn implementing a cleaner air space program pursuant to a grant provided under subsection (b), an air pollution control agency shall partner with at least 1 community-based organization to carry out the requirements of the cleaner air space program described in subsection (e).", "id": "HBE2DD052D7904166A8640EE62275A204", "header": "Partnership", "nested": [], "links": [] }, { "text": "(g) Report \nNot later than 3 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that includes— (1) information on each cleaner air space program implemented using a grant provided under subsection (b), including— (A) the name of the air pollution control agency that received the grant; and (B) the information described in subsection (e)(5) collected by the air pollution control agency; (2) responses from the surveys described in subsection (e)(6); and (3) recommendations with respect to— (A) whether the grant program under this section should be expanded; and (B) how the grant program under this section can be improved.", "id": "HC6A244B3316E424DA8BF350AA8C0BA42", "header": "Report", "nested": [], "links": [] }, { "text": "(h) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Administrator to carry out this section $30,000,000 for the period of fiscal years 2024 through 2026. (2) Administrative expenses \nOf the funds made available under paragraph (1), the Administrator may use not more than 10 percent for expenses relating to administering the grant program under this section.", "id": "H28C1384C9CEF48FBBA6399ECDD0CD7B9", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 7602", "legal-doc": "usc", "parsable-cite": "usc/42/7602" }, { "text": "42 U.S.C. 6294a", "legal-doc": "usc", "parsable-cite": "usc/42/6294a" } ] } ]

[ "Air quality", "Community life and organization", "Congressional oversight", "Environmental assessment, monitoring, research", "Environmental technology", "Fires", "Forests, forestry, trees", "Health technology, devices, supplies", "Low- and moderate-income housing", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Consensual Donation and Research Integrity Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation \n(a) In general \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 373 the following new section: 373A. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation \n(a) Registration \n(1) In general \nA person who acquires human bodies and sells for profit a whole human body or human body part in or affecting interstate commerce shall register with the Secretary at such time and in such manner as the Secretary may require. (2) Exception \nParagraph (1) does not apply to the Organ Procurement and Transplantation Network under section 372 and any entity that is a member of the Network pursuant to section 121.3 of title 42, Code of Federal Regulations (or any successor regulations), funeral service professionals in regard to the preparation, transportation, and final disposition of the human body or body parts, and schools of medicine, dentistry, and mortuary science and research, training organizations, and other entities that do not sell for profit a whole body or body part. (3) Contents of application \nAn applicant for registration or renewal of registration under this section shall submit an application to the Secretary containing such information as the Secretary may by regulation require on the activities to be carried out pursuant to the registration. Unless the Secretary specifies otherwise by regulation, an application shall include— (A) the name of the applicant, including all trade names under which the applicant conducts business; (B) the date on which the applicant first began or will begin commencing activities described in paragraph (1); (C) a list of all addresses at which the applicant conducts business; (D) a description of the premises and equipment used by the applicant; (E) a description of the types of service provided by the applicant; (F) an identification of a representative of the applicant who has attained the age of 18 and has the authority to ensure that the applicant complies with this section; (G) an assurance that the Secretary will be permitted to inspect the premises and records of the applicant at the times and in the manners prescribed under subsection (b); (H) an assurance that the applicant will keep records in accordance with subsection (c); (I) an assurance that the applicant will label and package all human bodies or human body parts in accordance with subsection (d); and (J) an assurance that the applicant will limit the use and disclosure of information in accordance with the regulations promulgated pursuant to subsection (e). (4) Fees \n(A) Authority \nThe Secretary shall establish a fee for registration under paragraph (1) and renewal under paragraph (5) in an amount in accordance with subparagraph (B). (B) Amount \nThe Secretary shall determine the amount of the fees authorized by subparagraph (A) on an annual basis based on the projected cost of implementing and enforcing this section, including the cost of inspections under subsection (b). (C) Collections and appropriations acts \nThe fees authorized by subparagraph (A) shall be available for obligation only to the extent and in the amounts provided in advance in appropriations Acts. (5) Registration renewal \nThe Secretary shall require that the registration of a registrant be renewed by such registrant at such intervals as the Secretary determines appropriate. (6) Change of information \nNot later than 30 days after any change of any information listed in paragraph (3), an applicant or registrant shall notify the Secretary of such change in writing as prescribed by regulation by the Secretary. (b) Inspections \nThe Secretary shall inspect at regular intervals (to be prescribed by the Secretary) the premises described in subsection (a)(3)(D). (c) Record keeping \n(1) In general \nA registrant shall maintain a record for each case in which the registrant acquires a human body or human body part. (2) Record requirements \nA record under paragraph (1) shall contain such information as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, a record under paragraph (1) shall include the following: (A) Documentation that the donor has knowingly consented to the transfer of the human body or human body part (not for use in transplantation) involved for education, research, or the advancement of medical, dental, or mortuary science in accordance with all applicable laws pertaining to the disposition of human remains. (B) Documentation that the donor has been informed of the obligation of the registrant under subsection (e) to dispose of the human body or human body part. (C) The date and time of the donation or transfer from the donor. (D) The name of the person, including any trade or business name, who transferred the human body or human body part to the registrant, if applicable. (E) The full name and most recent address of the donor. (F) A description of the human body or human body part being acquired or transferred. (G) The medical history of the donor, including the autopsy report if an autopsy was conducted. (H) The identity and address of each person that has been in possession of the human body or human body part prior to the registrant, including any funeral home, coroner, hospital, organ procurement organization, or tissue bank. (I) Documentation of the use and disposition of each human body or human body part by the registrant. (J) Documentation of the name and address of each person to whom the registrant transfers such human body or human body part. (d) Labeling and packaging \n(1) In general \nA registrant shall ensure that all human bodies and human body parts in the possession of, or transferred by, a registrant are labeled and packaged in accordance with paragraphs (2) and (3) and that a proper chain of custody is maintained. (2) Labeling requirements \n(A) Placement \nThe labeling required by paragraph (1) shall be affixed beneath the outer packaging. (B) Contents \nThe labeling required by paragraph (1) shall contain such information as the Secretary may by regulation require consistent with any applicable Federal privacy provisions. Unless the Secretary specifies otherwise by regulation, a label under paragraph (1) shall include the following: (i) The proper name of the donor. (ii) A description of the contents of the packaging, indicating whether it is a human body or human body parts, including a list of all such parts. (iii) The name, address, and any applicable license or registration number of the person transferring the human body or human body part. (iv) The tissue types of the human body or human body part. (v) The cause of death of the donor, if applicable and known. (vi) Serological test results, if any such results exist. (vii) Record of the presence of radioactive materials or implants. (viii) Any known infectious disease agents of such human body or human body part. (ix) A statement about the use of personal protective equipment and universal precautions when handling a human body or human body part as required by law. (x) The statement not for transplantation. (3) Packaging requirements \nEach human body or human body part described in paragraph (1) shall be wrapped and packaged in such manner as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, each such human body or human body part shall be wrapped and packaged in a manner that— (A) mitigates potential contamination and cross contamination; (B) mitigates potential safety hazards; (C) is sealed to prevent leakage; and (D) ensures the integrity of the human body or human body part. (e) Limitations on use and disclosure of information \nIndividually identifiable information relating to the donor of a human body or human body part acquired or transferred pursuant to a registration under this section shall be used and disclosed only for such purposes (including the return of remains for burial) as the Secretary may explicitly authorize by regulation. (f) Disposition \nThe registrant shall ensure the proper disposition of a human body or human body part, in accordance with applicable Federal and State law, by— (1) returning the human body or human body part to a relative or personal representative of the donor or carrying out the disposition of such human body or human body part in accordance with the written instructions of the person or persons with the right to control the disposition of the human body or body parts; or (2) if the registrant is transferring the human body or human body part to another person, contracting with such person to assume the obligation described in paragraph (1). (g) Violations \n(1) In general \nAny person who violates a requirement of this section shall be fined in accordance with title 18, United States Code. (2) Revocation of registration \nThe Secretary may suspend or revoke the registration of any registrant found to be in violation of this section. (3) Alteration or falsification of label \nIt shall be a violation of this section for any person to alter or falsify any information in a label required by subsection (d). (h) Definitions \nIn this section: (1) Donor \nThe term donor means a person who has knowingly consented in accordance with applicable law to the transfer of such person’s deceased body or deceased or living body part (not for use in transplantation) for education, research, or the advancement of medical, dental, or mortuary science. (2) Education \nThe term education means the use of a human body or body parts for teaching or training individuals, including medical, dental, or mortuary science students or professionals, with regard to the anatomy and characteristics of the human body, disease detection, and such other uses as may be specified by the Secretary by regulation. (3) Human body \nThe term human body means a deceased human body. (4) Human body part \nThe terms human body part or body part mean an organ, tissue, eye, bone, blood vessel or any other portion of a deceased or living human body that is subject to an anatomical gift or other transfer made pursuant to State law, but do not include— (A) blood drawn for medical purposes; or (B) a growing cell line. (5) Research \nThe term research does not include an autopsy or examination, conducted as part of a criminal investigation.. (b) Rule of applicability \nThe amendments made by this section shall apply with respect to any acquisition or transfer of a human body or human body parts after the date that is 2 years after the date of the enactment of this Act.", "id": "id55f41904adce4f0aa8c5e0dd54e5e2ad", "header": "Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation", "nested": [ { "text": "(a) In general \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 373 the following new section: 373A. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation \n(a) Registration \n(1) In general \nA person who acquires human bodies and sells for profit a whole human body or human body part in or affecting interstate commerce shall register with the Secretary at such time and in such manner as the Secretary may require. (2) Exception \nParagraph (1) does not apply to the Organ Procurement and Transplantation Network under section 372 and any entity that is a member of the Network pursuant to section 121.3 of title 42, Code of Federal Regulations (or any successor regulations), funeral service professionals in regard to the preparation, transportation, and final disposition of the human body or body parts, and schools of medicine, dentistry, and mortuary science and research, training organizations, and other entities that do not sell for profit a whole body or body part. (3) Contents of application \nAn applicant for registration or renewal of registration under this section shall submit an application to the Secretary containing such information as the Secretary may by regulation require on the activities to be carried out pursuant to the registration. Unless the Secretary specifies otherwise by regulation, an application shall include— (A) the name of the applicant, including all trade names under which the applicant conducts business; (B) the date on which the applicant first began or will begin commencing activities described in paragraph (1); (C) a list of all addresses at which the applicant conducts business; (D) a description of the premises and equipment used by the applicant; (E) a description of the types of service provided by the applicant; (F) an identification of a representative of the applicant who has attained the age of 18 and has the authority to ensure that the applicant complies with this section; (G) an assurance that the Secretary will be permitted to inspect the premises and records of the applicant at the times and in the manners prescribed under subsection (b); (H) an assurance that the applicant will keep records in accordance with subsection (c); (I) an assurance that the applicant will label and package all human bodies or human body parts in accordance with subsection (d); and (J) an assurance that the applicant will limit the use and disclosure of information in accordance with the regulations promulgated pursuant to subsection (e). (4) Fees \n(A) Authority \nThe Secretary shall establish a fee for registration under paragraph (1) and renewal under paragraph (5) in an amount in accordance with subparagraph (B). (B) Amount \nThe Secretary shall determine the amount of the fees authorized by subparagraph (A) on an annual basis based on the projected cost of implementing and enforcing this section, including the cost of inspections under subsection (b). (C) Collections and appropriations acts \nThe fees authorized by subparagraph (A) shall be available for obligation only to the extent and in the amounts provided in advance in appropriations Acts. (5) Registration renewal \nThe Secretary shall require that the registration of a registrant be renewed by such registrant at such intervals as the Secretary determines appropriate. (6) Change of information \nNot later than 30 days after any change of any information listed in paragraph (3), an applicant or registrant shall notify the Secretary of such change in writing as prescribed by regulation by the Secretary. (b) Inspections \nThe Secretary shall inspect at regular intervals (to be prescribed by the Secretary) the premises described in subsection (a)(3)(D). (c) Record keeping \n(1) In general \nA registrant shall maintain a record for each case in which the registrant acquires a human body or human body part. (2) Record requirements \nA record under paragraph (1) shall contain such information as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, a record under paragraph (1) shall include the following: (A) Documentation that the donor has knowingly consented to the transfer of the human body or human body part (not for use in transplantation) involved for education, research, or the advancement of medical, dental, or mortuary science in accordance with all applicable laws pertaining to the disposition of human remains. (B) Documentation that the donor has been informed of the obligation of the registrant under subsection (e) to dispose of the human body or human body part. (C) The date and time of the donation or transfer from the donor. (D) The name of the person, including any trade or business name, who transferred the human body or human body part to the registrant, if applicable. (E) The full name and most recent address of the donor. (F) A description of the human body or human body part being acquired or transferred. (G) The medical history of the donor, including the autopsy report if an autopsy was conducted. (H) The identity and address of each person that has been in possession of the human body or human body part prior to the registrant, including any funeral home, coroner, hospital, organ procurement organization, or tissue bank. (I) Documentation of the use and disposition of each human body or human body part by the registrant. (J) Documentation of the name and address of each person to whom the registrant transfers such human body or human body part. (d) Labeling and packaging \n(1) In general \nA registrant shall ensure that all human bodies and human body parts in the possession of, or transferred by, a registrant are labeled and packaged in accordance with paragraphs (2) and (3) and that a proper chain of custody is maintained. (2) Labeling requirements \n(A) Placement \nThe labeling required by paragraph (1) shall be affixed beneath the outer packaging. (B) Contents \nThe labeling required by paragraph (1) shall contain such information as the Secretary may by regulation require consistent with any applicable Federal privacy provisions. Unless the Secretary specifies otherwise by regulation, a label under paragraph (1) shall include the following: (i) The proper name of the donor. (ii) A description of the contents of the packaging, indicating whether it is a human body or human body parts, including a list of all such parts. (iii) The name, address, and any applicable license or registration number of the person transferring the human body or human body part. (iv) The tissue types of the human body or human body part. (v) The cause of death of the donor, if applicable and known. (vi) Serological test results, if any such results exist. (vii) Record of the presence of radioactive materials or implants. (viii) Any known infectious disease agents of such human body or human body part. (ix) A statement about the use of personal protective equipment and universal precautions when handling a human body or human body part as required by law. (x) The statement not for transplantation. (3) Packaging requirements \nEach human body or human body part described in paragraph (1) shall be wrapped and packaged in such manner as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, each such human body or human body part shall be wrapped and packaged in a manner that— (A) mitigates potential contamination and cross contamination; (B) mitigates potential safety hazards; (C) is sealed to prevent leakage; and (D) ensures the integrity of the human body or human body part. (e) Limitations on use and disclosure of information \nIndividually identifiable information relating to the donor of a human body or human body part acquired or transferred pursuant to a registration under this section shall be used and disclosed only for such purposes (including the return of remains for burial) as the Secretary may explicitly authorize by regulation. (f) Disposition \nThe registrant shall ensure the proper disposition of a human body or human body part, in accordance with applicable Federal and State law, by— (1) returning the human body or human body part to a relative or personal representative of the donor or carrying out the disposition of such human body or human body part in accordance with the written instructions of the person or persons with the right to control the disposition of the human body or body parts; or (2) if the registrant is transferring the human body or human body part to another person, contracting with such person to assume the obligation described in paragraph (1). (g) Violations \n(1) In general \nAny person who violates a requirement of this section shall be fined in accordance with title 18, United States Code. (2) Revocation of registration \nThe Secretary may suspend or revoke the registration of any registrant found to be in violation of this section. (3) Alteration or falsification of label \nIt shall be a violation of this section for any person to alter or falsify any information in a label required by subsection (d). (h) Definitions \nIn this section: (1) Donor \nThe term donor means a person who has knowingly consented in accordance with applicable law to the transfer of such person’s deceased body or deceased or living body part (not for use in transplantation) for education, research, or the advancement of medical, dental, or mortuary science. (2) Education \nThe term education means the use of a human body or body parts for teaching or training individuals, including medical, dental, or mortuary science students or professionals, with regard to the anatomy and characteristics of the human body, disease detection, and such other uses as may be specified by the Secretary by regulation. (3) Human body \nThe term human body means a deceased human body. (4) Human body part \nThe terms human body part or body part mean an organ, tissue, eye, bone, blood vessel or any other portion of a deceased or living human body that is subject to an anatomical gift or other transfer made pursuant to State law, but do not include— (A) blood drawn for medical purposes; or (B) a growing cell line. (5) Research \nThe term research does not include an autopsy or examination, conducted as part of a criminal investigation..", "id": "ide9d113657c284da0a064e4ef03f9949b", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" } ] }, { "text": "(b) Rule of applicability \nThe amendments made by this section shall apply with respect to any acquisition or transfer of a human body or human body parts after the date that is 2 years after the date of the enactment of this Act.", "id": "id62477f9e0bee48a1b1c3706ecf991b3e", "header": "Rule of applicability", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" } ] }, { "text": "373A. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation \n(a) Registration \n(1) In general \nA person who acquires human bodies and sells for profit a whole human body or human body part in or affecting interstate commerce shall register with the Secretary at such time and in such manner as the Secretary may require. (2) Exception \nParagraph (1) does not apply to the Organ Procurement and Transplantation Network under section 372 and any entity that is a member of the Network pursuant to section 121.3 of title 42, Code of Federal Regulations (or any successor regulations), funeral service professionals in regard to the preparation, transportation, and final disposition of the human body or body parts, and schools of medicine, dentistry, and mortuary science and research, training organizations, and other entities that do not sell for profit a whole body or body part. (3) Contents of application \nAn applicant for registration or renewal of registration under this section shall submit an application to the Secretary containing such information as the Secretary may by regulation require on the activities to be carried out pursuant to the registration. Unless the Secretary specifies otherwise by regulation, an application shall include— (A) the name of the applicant, including all trade names under which the applicant conducts business; (B) the date on which the applicant first began or will begin commencing activities described in paragraph (1); (C) a list of all addresses at which the applicant conducts business; (D) a description of the premises and equipment used by the applicant; (E) a description of the types of service provided by the applicant; (F) an identification of a representative of the applicant who has attained the age of 18 and has the authority to ensure that the applicant complies with this section; (G) an assurance that the Secretary will be permitted to inspect the premises and records of the applicant at the times and in the manners prescribed under subsection (b); (H) an assurance that the applicant will keep records in accordance with subsection (c); (I) an assurance that the applicant will label and package all human bodies or human body parts in accordance with subsection (d); and (J) an assurance that the applicant will limit the use and disclosure of information in accordance with the regulations promulgated pursuant to subsection (e). (4) Fees \n(A) Authority \nThe Secretary shall establish a fee for registration under paragraph (1) and renewal under paragraph (5) in an amount in accordance with subparagraph (B). (B) Amount \nThe Secretary shall determine the amount of the fees authorized by subparagraph (A) on an annual basis based on the projected cost of implementing and enforcing this section, including the cost of inspections under subsection (b). (C) Collections and appropriations acts \nThe fees authorized by subparagraph (A) shall be available for obligation only to the extent and in the amounts provided in advance in appropriations Acts. (5) Registration renewal \nThe Secretary shall require that the registration of a registrant be renewed by such registrant at such intervals as the Secretary determines appropriate. (6) Change of information \nNot later than 30 days after any change of any information listed in paragraph (3), an applicant or registrant shall notify the Secretary of such change in writing as prescribed by regulation by the Secretary. (b) Inspections \nThe Secretary shall inspect at regular intervals (to be prescribed by the Secretary) the premises described in subsection (a)(3)(D). (c) Record keeping \n(1) In general \nA registrant shall maintain a record for each case in which the registrant acquires a human body or human body part. (2) Record requirements \nA record under paragraph (1) shall contain such information as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, a record under paragraph (1) shall include the following: (A) Documentation that the donor has knowingly consented to the transfer of the human body or human body part (not for use in transplantation) involved for education, research, or the advancement of medical, dental, or mortuary science in accordance with all applicable laws pertaining to the disposition of human remains. (B) Documentation that the donor has been informed of the obligation of the registrant under subsection (e) to dispose of the human body or human body part. (C) The date and time of the donation or transfer from the donor. (D) The name of the person, including any trade or business name, who transferred the human body or human body part to the registrant, if applicable. (E) The full name and most recent address of the donor. (F) A description of the human body or human body part being acquired or transferred. (G) The medical history of the donor, including the autopsy report if an autopsy was conducted. (H) The identity and address of each person that has been in possession of the human body or human body part prior to the registrant, including any funeral home, coroner, hospital, organ procurement organization, or tissue bank. (I) Documentation of the use and disposition of each human body or human body part by the registrant. (J) Documentation of the name and address of each person to whom the registrant transfers such human body or human body part. (d) Labeling and packaging \n(1) In general \nA registrant shall ensure that all human bodies and human body parts in the possession of, or transferred by, a registrant are labeled and packaged in accordance with paragraphs (2) and (3) and that a proper chain of custody is maintained. (2) Labeling requirements \n(A) Placement \nThe labeling required by paragraph (1) shall be affixed beneath the outer packaging. (B) Contents \nThe labeling required by paragraph (1) shall contain such information as the Secretary may by regulation require consistent with any applicable Federal privacy provisions. Unless the Secretary specifies otherwise by regulation, a label under paragraph (1) shall include the following: (i) The proper name of the donor. (ii) A description of the contents of the packaging, indicating whether it is a human body or human body parts, including a list of all such parts. (iii) The name, address, and any applicable license or registration number of the person transferring the human body or human body part. (iv) The tissue types of the human body or human body part. (v) The cause of death of the donor, if applicable and known. (vi) Serological test results, if any such results exist. (vii) Record of the presence of radioactive materials or implants. (viii) Any known infectious disease agents of such human body or human body part. (ix) A statement about the use of personal protective equipment and universal precautions when handling a human body or human body part as required by law. (x) The statement not for transplantation. (3) Packaging requirements \nEach human body or human body part described in paragraph (1) shall be wrapped and packaged in such manner as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, each such human body or human body part shall be wrapped and packaged in a manner that— (A) mitigates potential contamination and cross contamination; (B) mitigates potential safety hazards; (C) is sealed to prevent leakage; and (D) ensures the integrity of the human body or human body part. (e) Limitations on use and disclosure of information \nIndividually identifiable information relating to the donor of a human body or human body part acquired or transferred pursuant to a registration under this section shall be used and disclosed only for such purposes (including the return of remains for burial) as the Secretary may explicitly authorize by regulation. (f) Disposition \nThe registrant shall ensure the proper disposition of a human body or human body part, in accordance with applicable Federal and State law, by— (1) returning the human body or human body part to a relative or personal representative of the donor or carrying out the disposition of such human body or human body part in accordance with the written instructions of the person or persons with the right to control the disposition of the human body or body parts; or (2) if the registrant is transferring the human body or human body part to another person, contracting with such person to assume the obligation described in paragraph (1). (g) Violations \n(1) In general \nAny person who violates a requirement of this section shall be fined in accordance with title 18, United States Code. (2) Revocation of registration \nThe Secretary may suspend or revoke the registration of any registrant found to be in violation of this section. (3) Alteration or falsification of label \nIt shall be a violation of this section for any person to alter or falsify any information in a label required by subsection (d). (h) Definitions \nIn this section: (1) Donor \nThe term donor means a person who has knowingly consented in accordance with applicable law to the transfer of such person’s deceased body or deceased or living body part (not for use in transplantation) for education, research, or the advancement of medical, dental, or mortuary science. (2) Education \nThe term education means the use of a human body or body parts for teaching or training individuals, including medical, dental, or mortuary science students or professionals, with regard to the anatomy and characteristics of the human body, disease detection, and such other uses as may be specified by the Secretary by regulation. (3) Human body \nThe term human body means a deceased human body. (4) Human body part \nThe terms human body part or body part mean an organ, tissue, eye, bone, blood vessel or any other portion of a deceased or living human body that is subject to an anatomical gift or other transfer made pursuant to State law, but do not include— (A) blood drawn for medical purposes; or (B) a growing cell line. (5) Research \nThe term research does not include an autopsy or examination, conducted as part of a criminal investigation.", "id": "ida5cb5985508644afa03c842ae1430a39", "header": "Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation", "nested": [ { "text": "(a) Registration \n(1) In general \nA person who acquires human bodies and sells for profit a whole human body or human body part in or affecting interstate commerce shall register with the Secretary at such time and in such manner as the Secretary may require. (2) Exception \nParagraph (1) does not apply to the Organ Procurement and Transplantation Network under section 372 and any entity that is a member of the Network pursuant to section 121.3 of title 42, Code of Federal Regulations (or any successor regulations), funeral service professionals in regard to the preparation, transportation, and final disposition of the human body or body parts, and schools of medicine, dentistry, and mortuary science and research, training organizations, and other entities that do not sell for profit a whole body or body part. (3) Contents of application \nAn applicant for registration or renewal of registration under this section shall submit an application to the Secretary containing such information as the Secretary may by regulation require on the activities to be carried out pursuant to the registration. Unless the Secretary specifies otherwise by regulation, an application shall include— (A) the name of the applicant, including all trade names under which the applicant conducts business; (B) the date on which the applicant first began or will begin commencing activities described in paragraph (1); (C) a list of all addresses at which the applicant conducts business; (D) a description of the premises and equipment used by the applicant; (E) a description of the types of service provided by the applicant; (F) an identification of a representative of the applicant who has attained the age of 18 and has the authority to ensure that the applicant complies with this section; (G) an assurance that the Secretary will be permitted to inspect the premises and records of the applicant at the times and in the manners prescribed under subsection (b); (H) an assurance that the applicant will keep records in accordance with subsection (c); (I) an assurance that the applicant will label and package all human bodies or human body parts in accordance with subsection (d); and (J) an assurance that the applicant will limit the use and disclosure of information in accordance with the regulations promulgated pursuant to subsection (e). (4) Fees \n(A) Authority \nThe Secretary shall establish a fee for registration under paragraph (1) and renewal under paragraph (5) in an amount in accordance with subparagraph (B). (B) Amount \nThe Secretary shall determine the amount of the fees authorized by subparagraph (A) on an annual basis based on the projected cost of implementing and enforcing this section, including the cost of inspections under subsection (b). (C) Collections and appropriations acts \nThe fees authorized by subparagraph (A) shall be available for obligation only to the extent and in the amounts provided in advance in appropriations Acts. (5) Registration renewal \nThe Secretary shall require that the registration of a registrant be renewed by such registrant at such intervals as the Secretary determines appropriate. (6) Change of information \nNot later than 30 days after any change of any information listed in paragraph (3), an applicant or registrant shall notify the Secretary of such change in writing as prescribed by regulation by the Secretary.", "id": "id5bb356365c9a46d8b90f43ceb85b5283", "header": "Registration", "nested": [], "links": [] }, { "text": "(b) Inspections \nThe Secretary shall inspect at regular intervals (to be prescribed by the Secretary) the premises described in subsection (a)(3)(D).", "id": "id073b6d2630a748c2a0c8ebea7a6a6e81", "header": "Inspections", "nested": [], "links": [] }, { "text": "(c) Record keeping \n(1) In general \nA registrant shall maintain a record for each case in which the registrant acquires a human body or human body part. (2) Record requirements \nA record under paragraph (1) shall contain such information as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, a record under paragraph (1) shall include the following: (A) Documentation that the donor has knowingly consented to the transfer of the human body or human body part (not for use in transplantation) involved for education, research, or the advancement of medical, dental, or mortuary science in accordance with all applicable laws pertaining to the disposition of human remains. (B) Documentation that the donor has been informed of the obligation of the registrant under subsection (e) to dispose of the human body or human body part. (C) The date and time of the donation or transfer from the donor. (D) The name of the person, including any trade or business name, who transferred the human body or human body part to the registrant, if applicable. (E) The full name and most recent address of the donor. (F) A description of the human body or human body part being acquired or transferred. (G) The medical history of the donor, including the autopsy report if an autopsy was conducted. (H) The identity and address of each person that has been in possession of the human body or human body part prior to the registrant, including any funeral home, coroner, hospital, organ procurement organization, or tissue bank. (I) Documentation of the use and disposition of each human body or human body part by the registrant. (J) Documentation of the name and address of each person to whom the registrant transfers such human body or human body part.", "id": "id854f15f3fe454cd5be155e31a6ee79bf", "header": "Record keeping", "nested": [], "links": [] }, { "text": "(d) Labeling and packaging \n(1) In general \nA registrant shall ensure that all human bodies and human body parts in the possession of, or transferred by, a registrant are labeled and packaged in accordance with paragraphs (2) and (3) and that a proper chain of custody is maintained. (2) Labeling requirements \n(A) Placement \nThe labeling required by paragraph (1) shall be affixed beneath the outer packaging. (B) Contents \nThe labeling required by paragraph (1) shall contain such information as the Secretary may by regulation require consistent with any applicable Federal privacy provisions. Unless the Secretary specifies otherwise by regulation, a label under paragraph (1) shall include the following: (i) The proper name of the donor. (ii) A description of the contents of the packaging, indicating whether it is a human body or human body parts, including a list of all such parts. (iii) The name, address, and any applicable license or registration number of the person transferring the human body or human body part. (iv) The tissue types of the human body or human body part. (v) The cause of death of the donor, if applicable and known. (vi) Serological test results, if any such results exist. (vii) Record of the presence of radioactive materials or implants. (viii) Any known infectious disease agents of such human body or human body part. (ix) A statement about the use of personal protective equipment and universal precautions when handling a human body or human body part as required by law. (x) The statement not for transplantation. (3) Packaging requirements \nEach human body or human body part described in paragraph (1) shall be wrapped and packaged in such manner as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, each such human body or human body part shall be wrapped and packaged in a manner that— (A) mitigates potential contamination and cross contamination; (B) mitigates potential safety hazards; (C) is sealed to prevent leakage; and (D) ensures the integrity of the human body or human body part.", "id": "id66d792ba776846dd95afacb4c3271d0b", "header": "Labeling and packaging", "nested": [], "links": [] }, { "text": "(e) Limitations on use and disclosure of information \nIndividually identifiable information relating to the donor of a human body or human body part acquired or transferred pursuant to a registration under this section shall be used and disclosed only for such purposes (including the return of remains for burial) as the Secretary may explicitly authorize by regulation.", "id": "idb8fc9ff7fba243e9a2c22764031cf437", "header": "Limitations on use and disclosure of information", "nested": [], "links": [] }, { "text": "(f) Disposition \nThe registrant shall ensure the proper disposition of a human body or human body part, in accordance with applicable Federal and State law, by— (1) returning the human body or human body part to a relative or personal representative of the donor or carrying out the disposition of such human body or human body part in accordance with the written instructions of the person or persons with the right to control the disposition of the human body or body parts; or (2) if the registrant is transferring the human body or human body part to another person, contracting with such person to assume the obligation described in paragraph (1).", "id": "id9931ce8ed2734718b89f81637c2fc2c1", "header": "Disposition", "nested": [], "links": [] }, { "text": "(g) Violations \n(1) In general \nAny person who violates a requirement of this section shall be fined in accordance with title 18, United States Code. (2) Revocation of registration \nThe Secretary may suspend or revoke the registration of any registrant found to be in violation of this section. (3) Alteration or falsification of label \nIt shall be a violation of this section for any person to alter or falsify any information in a label required by subsection (d).", "id": "id372f212494e94720a106db172d73c48c", "header": "Violations", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Donor \nThe term donor means a person who has knowingly consented in accordance with applicable law to the transfer of such person’s deceased body or deceased or living body part (not for use in transplantation) for education, research, or the advancement of medical, dental, or mortuary science. (2) Education \nThe term education means the use of a human body or body parts for teaching or training individuals, including medical, dental, or mortuary science students or professionals, with regard to the anatomy and characteristics of the human body, disease detection, and such other uses as may be specified by the Secretary by regulation. (3) Human body \nThe term human body means a deceased human body. (4) Human body part \nThe terms human body part or body part mean an organ, tissue, eye, bone, blood vessel or any other portion of a deceased or living human body that is subject to an anatomical gift or other transfer made pursuant to State law, but do not include— (A) blood drawn for medical purposes; or (B) a growing cell line. (5) Research \nThe term research does not include an autopsy or examination, conducted as part of a criminal investigation.", "id": "id30a53b52a7e8408ca33c183a5f286b0d", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Health information and medical records", "Medical education", "Medical research", "Organ and tissue donation and transplantation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Feral Swine Eradication Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Feral swine eradication and control program \n(a) In general \nSection 2408 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 8351 note; Public Law 115–334 ) is amended— (1) in the section heading, by striking pilot ; (2) in subsection (a), by striking pilot program and inserting program (referred to in this section as the program ) ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking pilot ; (B) in each of paragraphs (1) and (2), by striking the pilot areas and inserting eligible areas ; (C) in paragraph (4), by striking pilot and inserting eligible ; (D) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (E) by inserting after paragraph (2) the following: (3) after the Secretary determines that feral swine have been eradicated from an eligible area, ensure that the Animal and Plant Health Inspection Service and the Natural Resources Conservation Service continue monitoring that area for the reoccurrence of feral swine for a period of 1 year; ; (4) in each of subsections (c), (e), (f), and (g), by striking pilot program each place it appears and inserting program ; (5) in subsection (c)(1), by striking the pilot areas and inserting eligible areas ; (6) in subsection (e), in the subsection heading, by striking pilot and inserting eligible ; (7) in subsection (g)(1), by striking 2019 through 2023 and inserting 2024 through 2028 ; and (8) by adding at the end the following: (h) Reports \nNot later than 2 years, and not later than 4 years and 6 months, after the date of enactment of this subsection, the Administrator of the Animal and Plant Health Inspection Service and the Chief of the Natural Resources Conservation Service, acting jointly, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and make publicly available on the website of the Department of Agriculture a report that— (1) describes, for the period beginning on the date of the establishment of the program and ending on the date of the submission of the report— (A) activities carried out under the program, including— (i) the number of counties in which feral swine are no longer present; and (ii) estimated reductions in agriculture and natural resource damage, and improvements to human and livestock health and safety, as a result of feral swine removal; (B) the use of funding made available under this section, including the number of counties in each State provided funding; and (C) the roles of the Animal and Plant Health Inspection Service and the Natural Resources Conservation Service and agricultural producers provided financial assistance under this section in carrying out activities under the program; and (2) includes— (A) a determination by the Administrator of the Animal and Plant Health Inspection Service and the Chief of the Natural Resources Conservation Service as to the extent to which the program has been successful; and (B) any recommendations for improvements to the program.. (b) Conforming amendment \nThe table of contents for the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4491) is amended by striking the item relating to section 2408 and inserting the following: Sec. 2408. Feral swine eradication and control program..", "id": "id256e7ecca485408186b829ff7df2ecca", "header": "Feral swine eradication and control program", "nested": [ { "text": "(a) In general \nSection 2408 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 8351 note; Public Law 115–334 ) is amended— (1) in the section heading, by striking pilot ; (2) in subsection (a), by striking pilot program and inserting program (referred to in this section as the program ) ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking pilot ; (B) in each of paragraphs (1) and (2), by striking the pilot areas and inserting eligible areas ; (C) in paragraph (4), by striking pilot and inserting eligible ; (D) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (E) by inserting after paragraph (2) the following: (3) after the Secretary determines that feral swine have been eradicated from an eligible area, ensure that the Animal and Plant Health Inspection Service and the Natural Resources Conservation Service continue monitoring that area for the reoccurrence of feral swine for a period of 1 year; ; (4) in each of subsections (c), (e), (f), and (g), by striking pilot program each place it appears and inserting program ; (5) in subsection (c)(1), by striking the pilot areas and inserting eligible areas ; (6) in subsection (e), in the subsection heading, by striking pilot and inserting eligible ; (7) in subsection (g)(1), by striking 2019 through 2023 and inserting 2024 through 2028 ; and (8) by adding at the end the following: (h) Reports \nNot later than 2 years, and not later than 4 years and 6 months, after the date of enactment of this subsection, the Administrator of the Animal and Plant Health Inspection Service and the Chief of the Natural Resources Conservation Service, acting jointly, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and make publicly available on the website of the Department of Agriculture a report that— (1) describes, for the period beginning on the date of the establishment of the program and ending on the date of the submission of the report— (A) activities carried out under the program, including— (i) the number of counties in which feral swine are no longer present; and (ii) estimated reductions in agriculture and natural resource damage, and improvements to human and livestock health and safety, as a result of feral swine removal; (B) the use of funding made available under this section, including the number of counties in each State provided funding; and (C) the roles of the Animal and Plant Health Inspection Service and the Natural Resources Conservation Service and agricultural producers provided financial assistance under this section in carrying out activities under the program; and (2) includes— (A) a determination by the Administrator of the Animal and Plant Health Inspection Service and the Chief of the Natural Resources Conservation Service as to the extent to which the program has been successful; and (B) any recommendations for improvements to the program..", "id": "id1c5133155e574615b1adca71ee520ce4", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 8351", "legal-doc": "usc", "parsable-cite": "usc/7/8351" }, { "text": "Public Law 115–334", "legal-doc": "public-law", "parsable-cite": "pl/115/334" } ] }, { "text": "(b) Conforming amendment \nThe table of contents for the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4491) is amended by striking the item relating to section 2408 and inserting the following: Sec. 2408. Feral swine eradication and control program..", "id": "id89f218fbc5d842ac8580376e863cf081", "header": "Conforming amendment", "nested": [], "links": [ { "text": "Public Law 115–334", "legal-doc": "public-law", "parsable-cite": "pl/115/334" } ] } ], "links": [ { "text": "7 U.S.C. 8351", "legal-doc": "usc", "parsable-cite": "usc/7/8351" }, { "text": "Public Law 115–334", "legal-doc": "public-law", "parsable-cite": "pl/115/334" }, { "text": "Public Law 115–334", "legal-doc": "public-law", "parsable-cite": "pl/115/334" } ] } ]

[ "Agricultural prices, subsidies, credit", "Congressional oversight", "Mammals", "Pest management" ]

[ { "text": "1. Short title \nThis Act may be cited as the “ Academic Partnerships Lead Us to Success Act ” or the A PLUS Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purposes \nThe purposes of this Act are as follows: (1) To give States and local communities added flexibility to determine how to improve academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children.", "id": "id2df356f3a651471c9fa77210b6e817cf", "header": "Purposes", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) In general \nExcept as otherwise provided, the terms used in this Act have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (2) Accountability \nThe term accountability means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student progress to parents and taxpayers regularly. (3) Declaration of intent \nThe term declaration of intent means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (4) State \nThe term State has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332(e) ). (5) State authorizing officials \nThe term State Authorizing Officials means the State officials who shall authorize the submission of a declaration of intent, and any amendments thereto, on behalf of the State. Such officials shall include not less than 2 of the following: (A) The Governor of the State. (B) The highest elected education official of the State, if any. (C) The legislature of the State. (6) State designated officer \nThe term State Designated Officer means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a declaration of intent, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act.", "id": "idddde79516fca44a89df3c26a1d44ef1a", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6332(e)", "legal-doc": "usc", "parsable-cite": "usc/20/6332" } ] }, { "text": "4. Declaration of intent \n(a) In general \nEach State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs eligible for consolidation and permissible use of funds \n(1) Scope \nA State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 ). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (2) Uses of funds \nFunds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (3) Removal of fiscal and accounting barriers \nEach State educational agency that operates under a declaration of intent under this Act shall modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. (c) Contents of declaration \nEach declaration of intent shall contain— (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; and (8) an assurance that in implementing the declaration of intent, the State will seek to use Federal funds to supplement, rather than supplant, State education funding. (d) Duration \nThe duration of the declaration of intent shall not exceed 5 years. (e) Review and recognition by the secretary \n(1) In general \nThe Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law \nIf the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved. (f) Amendment to declaration of intent \n(1) In general \nThe State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized \nA declaration of intent that is in effect may be amended to— (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date \nThe amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent \nBeginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program.", "id": "id4b64c4db42c84c15985f51fd386a6e32", "header": "Declaration of intent", "nested": [ { "text": "(a) In general \nEach State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State.", "id": "id05984a7403b049de933cdbf6dfc94ce6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Programs eligible for consolidation and permissible use of funds \n(1) Scope \nA State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 ). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (2) Uses of funds \nFunds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (3) Removal of fiscal and accounting barriers \nEach State educational agency that operates under a declaration of intent under this Act shall modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements.", "id": "idf0cce42ae5244577a35bd7f1aaac9adf", "header": "Programs eligible for consolidation and permissible use of funds", "nested": [], "links": [ { "text": "20 U.S.C. 6301", "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": "(c) Contents of declaration \nEach declaration of intent shall contain— (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; and (8) an assurance that in implementing the declaration of intent, the State will seek to use Federal funds to supplement, rather than supplant, State education funding.", "id": "id8873721196ec45099c4cc1dd54afbf1c", "header": "Contents of declaration", "nested": [], "links": [] }, { "text": "(d) Duration \nThe duration of the declaration of intent shall not exceed 5 years.", "id": "id300D5DD2BB934FD4BE1426B88C020AE7", "header": "Duration", "nested": [], "links": [] }, { "text": "(e) Review and recognition by the secretary \n(1) In general \nThe Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law \nIf the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved.", "id": "ide531ec69ca1d4851b5d632df1b17ae5d", "header": "Review and recognition by the secretary", "nested": [], "links": [] }, { "text": "(f) Amendment to declaration of intent \n(1) In general \nThe State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized \nA declaration of intent that is in effect may be amended to— (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date \nThe amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent \nBeginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program.", "id": "id2691001f3e4648989b9fbee937fc25ce", "header": "Amendment to declaration of intent", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 6301", "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": "5. Transparency for results of public education \n(a) In general \nEach State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency for the purpose of public accountability to parents and taxpayers. (b) Accountability system \nThe State shall determine and establish an accountability system to ensure accountability under this Act. (c) Report on student progress \nNot later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include— (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ); and (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged.", "id": "ida2d317bca58d42089b1c399a31b94b27", "header": "Transparency for results of public education", "nested": [ { "text": "(a) In general \nEach State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency for the purpose of public accountability to parents and taxpayers.", "id": "idb42ec70e082844b3ad356a24b852c1ed", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Accountability system \nThe State shall determine and establish an accountability system to ensure accountability under this Act.", "id": "id3db6055a48ec4b8194555ff0c32f2c56", "header": "Accountability system", "nested": [], "links": [] }, { "text": "(c) Report on student progress \nNot later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include— (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ); and (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged.", "id": "id979fd0e2ad5c4f57a40ba920293080b3", "header": "Report on student progress", "nested": [], "links": [ { "text": "20 U.S.C. 6311(b)(2)(B)(xi)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] } ], "links": [ { "text": "20 U.S.C. 6311(b)(2)(B)(xi)", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "6. Administrative expenses \n(a) In general \nExcept as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent. (b) States not consolidating funds under part A of title I \nIf the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such declaration of intent.", "id": "id80c8a4441bd94ab480ac7c12692da395", "header": "Administrative expenses", "nested": [ { "text": "(a) In general \nExcept as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent.", "id": "id4667bab821704cacb6eb3339d213a482", "header": "In general", "nested": [], "links": [] }, { "text": "(b) States not consolidating funds under part A of title I \nIf the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such declaration of intent.", "id": "id81b10cf72ffb444cab9617f6988ba23e", "header": "States not consolidating funds under part A of title I", "nested": [], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] } ], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "7. Equitable participation of private schools \nEach State consolidating and using funds pursuant to a declaration of intent under this Act shall provide for the participation of private school children and teachers in the activities assisted under the declaration of intent in the same manner as participation is provided to private school children and teachers under section 8501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 ).", "id": "id7402d79da2dc41b38756d990c87d8136", "header": "Equitable participation of private schools", "nested": [], "links": [ { "text": "20 U.S.C. 7881", "legal-doc": "usc", "parsable-cite": "usc/20/7881" } ] } ]

[ "Academic performance and assessments", "Education of the disadvantaged", "Education programs funding", "Elementary and secondary education", "Government information and archives", "Intergovernmental relations", "State and local finance" ]

[ { "text": "1. Short title \nThis Act may be cited as the Water Rights Protection Act of 2023.", "id": "H50162B6877CC4837A3B31407BE75FC4E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Secretary \nThe term Secretary means, as applicable— (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right \nThe term water right means any surface water, groundwater, or water storage use filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires possession of the water or puts the water to beneficial use, including water rights of federally recognized Indian Tribes.", "id": "H487DB31882D6444A91685FA1BA65CBD6", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Policy development \nIn developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary— (1) shall— (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not— (A) assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or (B) take any action that adversely affects— (i) the authority of a State in— (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term beneficial use , priority of water rights , or terms of use ; or (iii) any other right or obligation of a State established under State law.", "id": "H1280B308824749D0A51D998C0902032F", "header": "Policy development", "nested": [], "links": [] }, { "text": "4. Treatment of water rights \nThe Secretary shall not— (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on— (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State.", "id": "H98C7FB67E48040E2AAA3E31F0B90926C", "header": "Treatment of water rights", "nested": [], "links": [] }, { "text": "5. Effect \n(a) Reclamation contracts \nNothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (b) Endangered species act \nNothing in this Act affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (c) Federal reserved water rights \nNothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary. (d) Federal power act \nNothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) , 803(j), 811). (e) Indian water rights \nNothing in this Act limits or expands any existing or future reserved water right or treaty right of any federally recognized Indian Tribe. (f) Federally held state water rights \nNothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States. (g) Interstate Compacts \nNothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact.", "id": "H63336706B45844A8869410F3F8E8CD6C", "header": "Effect", "nested": [ { "text": "(a) Reclamation contracts \nNothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act).", "id": "HF2E6324CBB404B3296E5DCA3B75E1A92", "header": "Reclamation contracts", "nested": [], "links": [] }, { "text": "(b) Endangered species act \nNothing in this Act affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ).", "id": "H01818E36BB1F46B7B76BCC6CF00DE63A", "header": "Endangered species act", "nested": [], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "(c) Federal reserved water rights \nNothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary.", "id": "H367A8D08527B439FBD0AA4B93D0FFD6D", "header": "Federal reserved water rights", "nested": [], "links": [] }, { "text": "(d) Federal power act \nNothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) , 803(j), 811).", "id": "H2A69993D9773499C8AB88BBD61C52677", "header": "Federal power act", "nested": [], "links": [ { "text": "16 U.S.C. 797(e)", "legal-doc": "usc", "parsable-cite": "usc/16/797" } ] }, { "text": "(e) Indian water rights \nNothing in this Act limits or expands any existing or future reserved water right or treaty right of any federally recognized Indian Tribe.", "id": "HF7BD9F1844BA49EBA9C26778887CB3A5", "header": "Indian water rights", "nested": [], "links": [] }, { "text": "(f) Federally held state water rights \nNothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States.", "id": "H49B2CFA115144D6991EB42D1AE3A4C1C", "header": "Federally held state water rights", "nested": [], "links": [] }, { "text": "(g) Interstate Compacts \nNothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact.", "id": "HD9B4D1742A804BC98A678106E6F0B0E3", "header": "Interstate Compacts", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 797(e)", "legal-doc": "usc", "parsable-cite": "usc/16/797" } ] } ]

[ "Administrative law and regulatory procedures", "Department of Agriculture", "Department of the Interior", "Indian lands and resources rights", "Intergovernmental relations", "Land use and conservation", "Licensing and registrations", "State and local government operations", "Water use and supply" ]

[ { "text": "1. Short title \nThis Act may be cited as the District of Columbia Police Home Rule Act.", "id": "H990F0185510C4FD88DA45BEA8DF9C51D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of authority of President to assume emergency control of police of District of Columbia \n(a) Repeal of authority \nThe District of Columbia Home Rule Act is amended by striking section 740 (sec. 1–207.40, D.C. Official Code). (b) Clerical amendment \nThe table of contents of such Act is amended by striking the item relating to section 740.", "id": "HA0D7F0EC902A44DD8FCB0CF8C339193D", "header": "Repeal of authority of President to assume emergency control of police of District of Columbia", "nested": [ { "text": "(a) Repeal of authority \nThe District of Columbia Home Rule Act is amended by striking section 740 (sec. 1–207.40, D.C. Official Code).", "id": "H131EBE551E594597AC2785B8CDCF64AE", "header": "Repeal of authority", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of contents of such Act is amended by striking the item relating to section 740.", "id": "H428CC80B39E645D4AE925E8DEEB56C1D", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] } ]

[ "District of Columbia", "Intergovernmental relations", "Law enforcement administration and funding", "Presidents and presidential powers, Vice Presidents", "State and local government operations", "War and emergency powers" ]

[ { "text": "1. Short title \nThis Act may be cited as the Secure Rural Schools Reauthorization Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 \n(a) Secure payments for States and counties containing Federal land \n(1) Secure payments \nSection 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 ) is amended, in subsections (a) and (b), by striking 2023 each place it appears and inserting 2026. (2) Distribution of payments to eligible counties \nSection 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7113(d)(2) ) is amended by striking 2023 and inserting 2026. (b) Extension of authority To conduct special projects on Federal land \n(1) Existing advisory committees \nSection 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(a)(4) ) is amended by striking December 20, 2023 each place it appears and inserting December 20, 2026. (2) Extension of authority \nSection 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7128 ) is amended— (A) in subsection (a), by striking 2025 and inserting 2028 ; and (B) in subsection (b), by striking 2026 and inserting 2029. (c) Extension of authority To expend county funds \nSection 305 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7144 ) is amended— (1) in subsection (a), by striking 2025 and inserting 2028 ; and (2) in subsection (b), by striking 2026 and inserting 2029.", "id": "id73afd3ab6f474710ba8a9ef4cec8f58e", "header": "Extension of Secure Rural Schools and Community Self-Determination Act of 2000", "nested": [ { "text": "(a) Secure payments for States and counties containing Federal land \n(1) Secure payments \nSection 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 ) is amended, in subsections (a) and (b), by striking 2023 each place it appears and inserting 2026. (2) Distribution of payments to eligible counties \nSection 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7113(d)(2) ) is amended by striking 2023 and inserting 2026.", "id": "idEB93FAC14C6A4A8E88917307CFE73C83", "header": "Secure payments for States and counties containing Federal land", "nested": [], "links": [ { "text": "16 U.S.C. 7111", "legal-doc": "usc", "parsable-cite": "usc/16/7111" }, { "text": "16 U.S.C. 7113(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/7113" } ] }, { "text": "(b) Extension of authority To conduct special projects on Federal land \n(1) Existing advisory committees \nSection 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(a)(4) ) is amended by striking December 20, 2023 each place it appears and inserting December 20, 2026. (2) Extension of authority \nSection 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7128 ) is amended— (A) in subsection (a), by striking 2025 and inserting 2028 ; and (B) in subsection (b), by striking 2026 and inserting 2029.", "id": "idb3d42533-d0e3-4658-97eb-655849519f1c", "header": "Extension of authority To conduct special projects on Federal land", "nested": [], "links": [ { "text": "16 U.S.C. 7125(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/16/7125" }, { "text": "16 U.S.C. 7128", "legal-doc": "usc", "parsable-cite": "usc/16/7128" } ] }, { "text": "(c) Extension of authority To expend county funds \nSection 305 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7144 ) is amended— (1) in subsection (a), by striking 2025 and inserting 2028 ; and (2) in subsection (b), by striking 2026 and inserting 2029.", "id": "ide4e63b6e-5c4a-43b7-a420-f786e7439bb2", "header": "Extension of authority To expend county funds", "nested": [], "links": [ { "text": "16 U.S.C. 7144", "legal-doc": "usc", "parsable-cite": "usc/16/7144" } ] } ], "links": [ { "text": "16 U.S.C. 7111", "legal-doc": "usc", "parsable-cite": "usc/16/7111" }, { "text": "16 U.S.C. 7113(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/7113" }, { "text": "16 U.S.C. 7125(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/16/7125" }, { "text": "16 U.S.C. 7128", "legal-doc": "usc", "parsable-cite": "usc/16/7128" }, { "text": "16 U.S.C. 7144", "legal-doc": "usc", "parsable-cite": "usc/16/7144" } ] }, { "text": "3. Resource advisory committee pilot program extension \nSection 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 ) is amended by striking subsection (g) and inserting the following: (g) Pilot program for resource advisory committee appointments by regional foresters \n(1) In general \nThe Secretary concerned shall establish and carry out a pilot program under which the Secretary concerned shall allow the regional forester with jurisdiction over a unit of Federal land to appoint members of the resource advisory committee for that unit, in accordance with the applicable requirements of this section. (2) Responsibilities of regional forester \nBefore appointing a member of a resource advisory committee under the pilot program under this subsection, a regional forester shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements. (3) Savings clause \nNothing in this subsection relieves a regional forester or the Secretary concerned from an obligation to comply with any requirement relating to an appointment to a resource advisory committee, including any requirement with respect to civil rights or advertising a vacancy. (4) Termination of effectiveness \nThe authority provided under this subsection terminates on October 1, 2028..", "id": "idF87D2E7D46124947A4132354885DC816", "header": "Resource advisory committee pilot program extension", "nested": [], "links": [ { "text": "16 U.S.C. 7125", "legal-doc": "usc", "parsable-cite": "usc/16/7125" } ] }, { "text": "1. Short title \nThis Act may be cited as the Secure Rural Schools Reauthorization Act of 2023.", "id": "id89d2d921-39ba-462c-9175-b1cca91c830e", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 \n(a) Secure payments for States and counties containing Federal land \n(1) Secure payments \nSection 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 ) is amended, in subsections (a) and (b), by striking 2023 each place it appears and inserting 2026. (2) Distribution of payments to eligible counties \nSection 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7113(d)(2) ) is amended by striking 2023 and inserting 2026. (b) Extension of authority To conduct special projects on Federal land \n(1) Committee composition waiver authority \nSection 205(d)(6)(C) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(d)(6)(C) ) is amended by striking 2023 and inserting 2026. (2) Extension of authority \nSection 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7128 ) is amended— (A) in subsection (a), by striking 2025 and inserting 2028 ; and (B) in subsection (b), by striking 2026 and inserting 2029. (c) Extension of authority To expend county funds \nSection 305 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7144 ) is amended— (1) in subsection (a), by striking 2025 and inserting 2028 ; and (2) in subsection (b), by striking 2026 and inserting 2029.", "id": "id27be8195-a6ad-41fe-be2b-f80d7fd3c0fa", "header": "Extension of Secure Rural Schools and Community Self-Determination Act of 2000", "nested": [ { "text": "(a) Secure payments for States and counties containing Federal land \n(1) Secure payments \nSection 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 ) is amended, in subsections (a) and (b), by striking 2023 each place it appears and inserting 2026. (2) Distribution of payments to eligible counties \nSection 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7113(d)(2) ) is amended by striking 2023 and inserting 2026.", "id": "id0c38bc4a-a457-419c-be46-e897e9923015", "header": "Secure payments for States and counties containing Federal land", "nested": [], "links": [ { "text": "16 U.S.C. 7111", "legal-doc": "usc", "parsable-cite": "usc/16/7111" }, { "text": "16 U.S.C. 7113(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/7113" } ] }, { "text": "(b) Extension of authority To conduct special projects on Federal land \n(1) Committee composition waiver authority \nSection 205(d)(6)(C) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(d)(6)(C) ) is amended by striking 2023 and inserting 2026. (2) Extension of authority \nSection 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7128 ) is amended— (A) in subsection (a), by striking 2025 and inserting 2028 ; and (B) in subsection (b), by striking 2026 and inserting 2029.", "id": "ide74832ea-1a9e-4bbe-95ae-88afe58e92ca", "header": "Extension of authority To conduct special projects on Federal land", "nested": [], "links": [ { "text": "16 U.S.C. 7125(d)(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/16/7125" }, { "text": "16 U.S.C. 7128", "legal-doc": "usc", "parsable-cite": "usc/16/7128" } ] }, { "text": "(c) Extension of authority To expend county funds \nSection 305 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7144 ) is amended— (1) in subsection (a), by striking 2025 and inserting 2028 ; and (2) in subsection (b), by striking 2026 and inserting 2029.", "id": "id99f9e0f7-c1c5-472a-bd8d-d0f099f447e9", "header": "Extension of authority To expend county funds", "nested": [], "links": [ { "text": "16 U.S.C. 7144", "legal-doc": "usc", "parsable-cite": "usc/16/7144" } ] } ], "links": [ { "text": "16 U.S.C. 7111", "legal-doc": "usc", "parsable-cite": "usc/16/7111" }, { "text": "16 U.S.C. 7113(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/7113" }, { "text": "16 U.S.C. 7125(d)(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/16/7125" }, { "text": "16 U.S.C. 7128", "legal-doc": "usc", "parsable-cite": "usc/16/7128" }, { "text": "16 U.S.C. 7144", "legal-doc": "usc", "parsable-cite": "usc/16/7144" } ] }, { "text": "3. Resource advisory committee pilot program extension \nSection 205(g) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(g) ) is amended— (1) in paragraph (5), by striking 2023 and inserting 2026 ; and (2) in paragraph (6), in the matter preceding subparagraph (A), by striking the date described in paragraph (5) and inserting October 1, 2023.", "id": "id0c828e16-0a73-4f53-994c-d1c0f22beb83", "header": "Resource advisory committee pilot program extension", "nested": [], "links": [ { "text": "16 U.S.C. 7125(g)", "legal-doc": "usc", "parsable-cite": "usc/16/7125" } ] }, { "text": "4. Technical corrections \n(a) Resource advisory committees \nSection 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 ) is amended— (1) in subsection (c)— (A) in paragraph (1), by striking concerned, and inserting concerned ; and (B) in paragraph (3), by striking the date of the enactment of this Act and inserting October 3, 2008 ; and (2) in subsection (d)(4), by striking to extent and inserting to the extent. (b) Use of project funds \nSection 206(b)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7126(b)(2) ) is amended by striking concerned, and inserting concerned.", "id": "id229f9b32ebc54f4faebe2593d9aea55a", "header": "Technical corrections", "nested": [ { "text": "(a) Resource advisory committees \nSection 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 ) is amended— (1) in subsection (c)— (A) in paragraph (1), by striking concerned, and inserting concerned ; and (B) in paragraph (3), by striking the date of the enactment of this Act and inserting October 3, 2008 ; and (2) in subsection (d)(4), by striking to extent and inserting to the extent.", "id": "idcde6be4774934420b05cad250356650e", "header": "Resource advisory committees", "nested": [], "links": [ { "text": "16 U.S.C. 7125", "legal-doc": "usc", "parsable-cite": "usc/16/7125" } ] }, { "text": "(b) Use of project funds \nSection 206(b)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7126(b)(2) ) is amended by striking concerned, and inserting concerned.", "id": "ida25daf08777c4574a1ca1eb2fc80dc63", "header": "Use of project funds", "nested": [], "links": [ { "text": "16 U.S.C. 7126(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/7126" } ] } ], "links": [ { "text": "16 U.S.C. 7125", "legal-doc": "usc", "parsable-cite": "usc/16/7125" }, { "text": "16 U.S.C. 7126(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/7126" } ] } ]

[ "Advisory bodies", "Education programs funding", "Forests, forestry, trees", "Rural conditions and development" ]

[ { "text": "1. Short title \nThis Act may be cited as the Promoting Cross-border Energy Infrastructure Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Strengthening North American Energy Security \n(a) Definitions \nIn this section: (1) Border-crossing facility \nThe term border-crossing facility means the portion of an oil or natural gas pipeline or electric transmission facility that is located at an international boundary of the United States. (2) Electric Reliability Organization; Regional entity \nThe terms Electric Reliability Organization and regional entity have the meanings given those terms in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (3) Independent System Operator; Regional Transmission Organization \nThe terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (4) Modification \nThe term modification includes a reversal of flow direction, change in ownership, change in flow volume, addition or removal of an interconnection, or an adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations). (5) Natural gas \nThe term natural gas has the meaning given that term in section 2 of the Natural Gas Act ( 15 U.S.C. 717a ). (6) Oil \nThe term oil means petroleum or a petroleum product. (b) Authorization of certain energy infrastructure projects at an international boundary of the United States \n(1) In general \nExcept as provided in paragraph (3) and subsection (e), no person may construct, connect, operate, or maintain a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing \n(A) Requirement \nNot later than 120 days after the date on which final action is taken by the relevant official or agency described in subparagraph (B) under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a border-crossing facility for which a person requests a certificate of crossing under this subsection, the relevant official or agency, in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the border-crossing facility unless the relevant official or agency finds that the construction, connection, operation, or maintenance of the border-crossing facility is not in the public interest of the United States. (B) Relevant official or agency described \nThe relevant official or agency referred to in subparagraph (A) is— (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy, with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities \nIn the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions \n(A) In general \nThis subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity if— (i) the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (ii) a permit described in subsection (e) for the construction, connection, operation, or maintenance has been issued; or (iii) subject to subparagraph (B), an application for a permit described in subsection (e) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act. (B) Pending applications \nWith respect to an application described in clause (iii) of subparagraph (A), the exclusion described in that subparagraph shall apply until the earlier of— (i) the date on which the application is denied; or (ii) that date that is 2 years after the date of enactment of this Act, if the permit described in that clause has not been issued by that date. (4) Effect of other laws \n(A) Application to projects \nNothing in this subsection or subsection (f) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (B) Natural Gas Act \nNothing in this subsection or subsection (f) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b , 717f) for the siting, construction, or operation of any facility to import or export natural gas. (C) Oil pipelines \nNothing in this subsection or subsection (f) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code. (c) Importation or exportation of natural gas to canada and mexico \nSection 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended by adding at the end the following: In the case of an application for the importation of natural gas from, or the exportation of natural gas to, Canada or Mexico, the Commission shall grant the application not later than 30 days after the date on which the Commission receives the complete application.. (d) Transmission of electric energy to Canada and Mexico \n(1) Repeal of requirement to secure order \nSection 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) ) is repealed. (2) Conforming amendments \n(A) State regulations \nSection 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) ) is amended by striking insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection (e). (B) Seasonal diversity electricity exchange \nSection 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) ) is amended by striking the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act in the first sentence and all that follows through the period at the end of the second sentence and inserting the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary.. (e) No presidential permit required \nNo Presidential permit (or similar permit) required under Executive Order No. 10485 ( 42 U.S.C. 717b note; relating to providing for the performance of certain functions heretofore performed by the President with respect to electric power and natural gas facilities located on the borders of the United States), any other Executive order, or section 301 of title 3, United States Code, shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any border-crossing facility thereof. (f) Modifications to existing projects \nNo certificate of crossing under subsection (b), or permit described in subsection (e), shall be required for a modification to— (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a permit described in subsection (e) has been issued; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (b). (g) Effective date; rulemaking deadlines \n(1) Effective date \nSubsections (b) through (f), and the amendments made by those subsections, shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines \nEach relevant official or agency described in subsection (b)(2)(B) shall— (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register a notice of proposed rulemaking to carry out the applicable requirements of subsection (b); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (b).", "id": "id3efe2dbd5eff4ba1b0d60f9110d09738", "header": "Strengthening North American Energy Security", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Border-crossing facility \nThe term border-crossing facility means the portion of an oil or natural gas pipeline or electric transmission facility that is located at an international boundary of the United States. (2) Electric Reliability Organization; Regional entity \nThe terms Electric Reliability Organization and regional entity have the meanings given those terms in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (3) Independent System Operator; Regional Transmission Organization \nThe terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (4) Modification \nThe term modification includes a reversal of flow direction, change in ownership, change in flow volume, addition or removal of an interconnection, or an adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations). (5) Natural gas \nThe term natural gas has the meaning given that term in section 2 of the Natural Gas Act ( 15 U.S.C. 717a ). (6) Oil \nThe term oil means petroleum or a petroleum product.", "id": "id9fb4b62c55084e1fac46626f0ff098ea", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 824o(a)", "legal-doc": "usc", "parsable-cite": "usc/16/824o" }, { "text": "16 U.S.C. 796", "legal-doc": "usc", "parsable-cite": "usc/16/796" }, { "text": "15 U.S.C. 717a", "legal-doc": "usc", "parsable-cite": "usc/15/717a" } ] }, { "text": "(b) Authorization of certain energy infrastructure projects at an international boundary of the United States \n(1) In general \nExcept as provided in paragraph (3) and subsection (e), no person may construct, connect, operate, or maintain a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing \n(A) Requirement \nNot later than 120 days after the date on which final action is taken by the relevant official or agency described in subparagraph (B) under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a border-crossing facility for which a person requests a certificate of crossing under this subsection, the relevant official or agency, in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the border-crossing facility unless the relevant official or agency finds that the construction, connection, operation, or maintenance of the border-crossing facility is not in the public interest of the United States. (B) Relevant official or agency described \nThe relevant official or agency referred to in subparagraph (A) is— (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy, with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities \nIn the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions \n(A) In general \nThis subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity if— (i) the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (ii) a permit described in subsection (e) for the construction, connection, operation, or maintenance has been issued; or (iii) subject to subparagraph (B), an application for a permit described in subsection (e) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act. (B) Pending applications \nWith respect to an application described in clause (iii) of subparagraph (A), the exclusion described in that subparagraph shall apply until the earlier of— (i) the date on which the application is denied; or (ii) that date that is 2 years after the date of enactment of this Act, if the permit described in that clause has not been issued by that date. (4) Effect of other laws \n(A) Application to projects \nNothing in this subsection or subsection (f) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (B) Natural Gas Act \nNothing in this subsection or subsection (f) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b , 717f) for the siting, construction, or operation of any facility to import or export natural gas. (C) Oil pipelines \nNothing in this subsection or subsection (f) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code.", "id": "id7275FA8E0AA1430788795B182DCE0C9E", "header": "Authorization of certain energy infrastructure projects at an international boundary of the United States", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 717b", "legal-doc": "usc", "parsable-cite": "usc/15/717b" } ] }, { "text": "(c) Importation or exportation of natural gas to canada and mexico \nSection 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended by adding at the end the following: In the case of an application for the importation of natural gas from, or the exportation of natural gas to, Canada or Mexico, the Commission shall grant the application not later than 30 days after the date on which the Commission receives the complete application..", "id": "id120d07367f1f4f0ab26b93ec97c246c2", "header": "Importation or exportation of natural gas to canada and mexico", "nested": [], "links": [ { "text": "15 U.S.C. 717b(c)", "legal-doc": "usc", "parsable-cite": "usc/15/717b" } ] }, { "text": "(d) Transmission of electric energy to Canada and Mexico \n(1) Repeal of requirement to secure order \nSection 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) ) is repealed. (2) Conforming amendments \n(A) State regulations \nSection 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) ) is amended by striking insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection (e). (B) Seasonal diversity electricity exchange \nSection 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) ) is amended by striking the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act in the first sentence and all that follows through the period at the end of the second sentence and inserting the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary..", "id": "id9e002b6b35bf4670b82aa593b9e92799", "header": "Transmission of electric energy to Canada and Mexico", "nested": [], "links": [ { "text": "16 U.S.C. 824a(e)", "legal-doc": "usc", "parsable-cite": "usc/16/824a" }, { "text": "16 U.S.C. 824a(f)", "legal-doc": "usc", "parsable-cite": "usc/16/824a" }, { "text": "16 U.S.C. 824a–4(b)", "legal-doc": "usc", "parsable-cite": "usc/16/824a-4" } ] }, { "text": "(e) No presidential permit required \nNo Presidential permit (or similar permit) required under Executive Order No. 10485 ( 42 U.S.C. 717b note; relating to providing for the performance of certain functions heretofore performed by the President with respect to electric power and natural gas facilities located on the borders of the United States), any other Executive order, or section 301 of title 3, United States Code, shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any border-crossing facility thereof.", "id": "id5d1e363a959643c2a04dc8d80e9f4d57", "header": "No presidential permit required", "nested": [], "links": [ { "text": "42 U.S.C. 717b", "legal-doc": "usc", "parsable-cite": "usc/42/717b" } ] }, { "text": "(f) Modifications to existing projects \nNo certificate of crossing under subsection (b), or permit described in subsection (e), shall be required for a modification to— (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a permit described in subsection (e) has been issued; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (b).", "id": "id101d267979a94d298bd5fc1ce099c348", "header": "Modifications to existing projects", "nested": [], "links": [] }, { "text": "(g) Effective date; rulemaking deadlines \n(1) Effective date \nSubsections (b) through (f), and the amendments made by those subsections, shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines \nEach relevant official or agency described in subsection (b)(2)(B) shall— (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register a notice of proposed rulemaking to carry out the applicable requirements of subsection (b); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (b).", "id": "ida2a6f2ecaa5047babc45b3be1280e1b3", "header": "Effective date; rulemaking deadlines", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 824o(a)", "legal-doc": "usc", "parsable-cite": "usc/16/824o" }, { "text": "16 U.S.C. 796", "legal-doc": "usc", "parsable-cite": "usc/16/796" }, { "text": "15 U.S.C. 717a", "legal-doc": "usc", "parsable-cite": "usc/15/717a" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 717b", "legal-doc": "usc", "parsable-cite": "usc/15/717b" }, { "text": "15 U.S.C. 717b(c)", "legal-doc": "usc", "parsable-cite": "usc/15/717b" }, { "text": "16 U.S.C. 824a(e)", "legal-doc": "usc", "parsable-cite": "usc/16/824a" }, { "text": "16 U.S.C. 824a(f)", "legal-doc": "usc", "parsable-cite": "usc/16/824a" }, { "text": "16 U.S.C. 824a–4(b)", "legal-doc": "usc", "parsable-cite": "usc/16/824a-4" }, { "text": "42 U.S.C. 717b", "legal-doc": "usc", "parsable-cite": "usc/42/717b" } ] } ]

[ "Administrative law and regulatory procedures", "Canada", "Department of Energy", "Electric power generation and transmission", "Environmental assessment, monitoring, research", "Federal Energy Regulatory Commission (FERC)", "Latin America", "Licensing and registrations", "Mexico", "Oil and gas", "Pipelines", "Trade restrictions" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Restoring Sovereignty and Human Rights in Nicaragua 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. Definitions. Sec. 3. Findings. Sec. 4. Sense of Congress. TITLE I—Reauthorization and amendment of the Nicaraguan Investment Conditionality Act of 2018 and the Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 Sec. 101. Extension of authorities of the Nicaraguan Investment Conditionality Act of 2018. Sec. 102. Enhancing sanctions on sectors of the Nicaraguan economy that generate revenue for the Ortega family. Sec. 103. Imposition of sanctions with respect to the Ortega administration’s abuses against the Catholic Church, political prisoners, and support for the invasion of Ukraine. Sec. 104. Coordinated diplomatic strategy to restrict investment and loans that benefit the Government of Nicaragua from the Central American Bank for Economic Integration. TITLE II—Additional economic measures to hold the Government of Nicaragua accountable for human rights abuses Sec. 201. Statement of policy. Sec. 202. Review of participation of Nicaragua in the Dominican Republic-Central America-United States free trade agreement. Sec. 203. Prohibition on new United States investment in Nicaragua. Sec. 204. Termination. TITLE III—Promoting the human rights of Nicaraguans Sec. 301. Support for human rights and democracy programs. Sec. 302. Support for Nicaraguan human rights at the United Nations.", "id": "S1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Restoring Sovereignty and Human Rights in Nicaragua Act of 2023.", "id": "id4671356b7d274d19adfd5e929f04c3aa", "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. Definitions. Sec. 3. Findings. Sec. 4. Sense of Congress. TITLE I—Reauthorization and amendment of the Nicaraguan Investment Conditionality Act of 2018 and the Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 Sec. 101. Extension of authorities of the Nicaraguan Investment Conditionality Act of 2018. Sec. 102. Enhancing sanctions on sectors of the Nicaraguan economy that generate revenue for the Ortega family. Sec. 103. Imposition of sanctions with respect to the Ortega administration’s abuses against the Catholic Church, political prisoners, and support for the invasion of Ukraine. Sec. 104. Coordinated diplomatic strategy to restrict investment and loans that benefit the Government of Nicaragua from the Central American Bank for Economic Integration. TITLE II—Additional economic measures to hold the Government of Nicaragua accountable for human rights abuses Sec. 201. Statement of policy. Sec. 202. Review of participation of Nicaragua in the Dominican Republic-Central America-United States free trade agreement. Sec. 203. Prohibition on new United States investment in Nicaragua. Sec. 204. Termination. TITLE III—Promoting the human rights of Nicaraguans Sec. 301. Support for human rights and democracy programs. Sec. 302. Support for Nicaraguan human rights at the United Nations.", "id": "id9b9a90f831d340b0b92e8b29f7980a36", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) United states person \nThe term United States person means— (A) an individual who is a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States; and (B) any corporation, partnership, or other entity organized under the laws of the United States or the laws of any jurisdiction within the United States.", "id": "id2cee3df1cf4f4047bbee476f7f0e78a0", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Findings \nCongress makes the following findings: (1) The 2022 Annual Report of the United States Commission on International Religious Freedom made the following recommendations to the United States Government: (A) Maintain Nicaragua on the special watch list of the Department of State under section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1)(A)(iii) ) for engaging in or tolerating serious violations of religious freedom. (B) Impose targeted sanctions with respect to agencies and officials of the Government of Nicaragua responsible for violence and other punitive actions against places of worship, religious leaders, and organizations by freezing the assets of and barring the entry of certain persons into the United States, citing specific violations of religious freedom. (C) Collaborate with and encourage multilateral organizations, such as the Organization of American States— (i) to monitor and investigate violations of religious freedom that occur in Nicaragua; (ii) to work to identify perpetrators of religious freedom violations in Nicaragua; and (iii) to seek the repeal of problematic laws such as the foreign agents law passed in Nicaragua in 2020. (2) The Catholic Church in Nicaragua suffered— (A) 127 attacks in 2022; (B) 54 attacks in 2021; (C) 58 attacks in 2020; (D) 76 attacks in 2019; and (E) 81 attacks in 2018. (3) In a 2022 report by the Economist Intelligence Unit, Nicaragua was listed as an authoritarian regime and one of the least democratic countries in the Western Hemisphere, along with Cuba and Venezuela. (4) According to the 2021 Country Reports on Human Rights Practices published by the Department of State, members of civil society and student leaders involved in the April 2018 protests in Nicaragua were subjected to torture and inhuman or degrading treatment or punishment. (5) According to human rights organizations, the Ortega regime has 150 political prisoners, including prisoners in solitary confinement. (6) In 2022, the Ortega regime rejected a United States envoy, declared the head of the European Union persona non grata, and closed the Vatican embassy in Managua. (7) On February 9, 2023, the authoritarian Ortega regime— (A) expelled 222 Nicaraguan nationals who had been unjustly imprisoned for exercising their fundamental rights; and (B) stripped those nationals of Nicaraguan citizenship. (8) The invasion of Ukraine by President of the Russian Federation Vladimir Putin poses a significant threat to global peace and stability in the Western Hemisphere. (9) The authoritarian regime of President Daniel Ortega in Nicaragua is providing diplomatic support to the Russian Federation and serving as an amplifier and repeater of Russian propaganda on a global scale. (10) The actions of the Government of Nicaragua are impeding development of a global consensus to reject and respond to crimes against humanity conducted by President Putin. (11) The Ortega regime has deepened the relationship between the Government of Nicaragua and the Government of the Russian Federation and is establishing diplomatic relations with the Government of the People Republic of China.", "id": "iddd3ac4404a14404fb361369651032abe", "header": "Findings", "nested": [], "links": [ { "text": "22 U.S.C. 6442(b)(1)(A)(iii)", "legal-doc": "usc", "parsable-cite": "usc/22/6442" } ] }, { "text": "4. Sense of Congress \nIt is the sense of Congress that— (1) the Secretary of State, working through the head of the Office of Sanctions Coordination, and in consultation with the Secretary of the Treasury, should engage in diplomatic efforts with partners of the United States, including the Government of Canada, governments of countries in the European Union, and governments of countries in Latin America and the Caribbean, to impose targeted sanctions with respect to the persons subject to sanctions authorized by the Nicaraguan Investment Conditionality Act of 2018 and the Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 in order to hold the authoritarian regime of President Daniel Ortega accountable for crimes against the Catholic Church, the clergy, and the people of Nicaragua; (2) the United States Government should continue— (A) to raise concerns about human rights and democracy in Nicaragua, and call attention to religious and opposition leaders and civil society, media, and faith-based organizations silenced by the Ortega regime; and (B) to enforce Executive Order 13851 ( 50 U.S.C. 1701 note; relating to blocking property of certain persons contributing to the situation in Nicaragua), and expand existing sanctions to other sectors of the economy of Nicaragua, such as the meat sector; and (3) the international community, including the Holy See, the International Red Cross, and the United Nations should coordinate efforts— (A) to improve the conditions of all political prisoners in Nicaragua; (B) to document all gross violations of internationally recognized human rights in Nicaragua; and (C) to call for the end of political persecution against members of religious organizations, including the Catholic Church.", "id": "id25731a9f92bc42dbb5b4f9e7e1591d89", "header": "Sense of Congress", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "101. Extension of authorities of the Nicaraguan Investment Conditionality Act of 2018 \nSection 10 of the Nicaraguan Investment Conditionality Act of 2018 ( Public Law 115–335 ; 50 U.S.C. 1701 note) is amended by striking 2023 and inserting 2028.", "id": "id60a67962a68446f48aaad1839844b397", "header": "Extension of authorities of the Nicaraguan Investment Conditionality Act of 2018", "nested": [], "links": [ { "text": "Public Law 115–335", "legal-doc": "public-law", "parsable-cite": "pl/115/335" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "102. Enhancing sanctions on sectors of the Nicaraguan economy that generate revenue for the Ortega family \nSection 5(a) of the Nicaraguan Investment Conditionality Act of 2018 ( Public Law 115–335 ; 50 U.S.C. 1701 note) is amended— (1) in paragraph (3)(B), by striking or ; (2) in paragraph (4), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (5) to operate or have operated in the gold, cattle, or coffee sectors of the Nicaraguan economy or in any other sector of the Nicaraguan economy identified by the Secretary of the Treasury, in consultation with the Secretary of State, for purposes of this paragraph..", "id": "ide1574468895d463eb9c1bc10262d7928", "header": "Enhancing sanctions on sectors of the Nicaraguan economy that generate revenue for the Ortega family", "nested": [], "links": [ { "text": "Public Law 115–335", "legal-doc": "public-law", "parsable-cite": "pl/115/335" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "103. Imposition of sanctions with respect to the Ortega administration’s abuses against the Catholic Church, political prisoners, and support for the invasion of Ukraine \n(a) Expansion of activities triggering targeted sanctions \nSection 5(b) of the Nicaraguan Investment Conditionality Act of 2018 ( Public Law 115–335 ; 50 U.S.C. 1701 note) is amended by adding at the end the following: (5) The arrest or prosecution of a person, including a person who is a member of or an officer of the Catholic Church, because of the legitimate exercise by such person of the freedom of religion. (6) The conviction and sentencing of a person who is a member of an opposition party or independent civil society organization under politically motivated charges. (7) Gross violations of the internationally recognized human rights of prisoners. (8) Acts of providing significant goods, services, or technology to or expressing support for the invasion of Ukraine by the Russian Federation that began on February 24, 2022.. (b) Modification of targeted sanctions prioritization \nSection 5(b)(2)(B) of the Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 ( Public Law 117–54 ; 50 U.S.C. 1701 note) is amended— (1) by redesignating clauses (viii) and (ix) as clauses (ix) and (x), respectively; and (2) by inserting after clause (vii) the following new clause (viii): (viii) Officials of the Instituto de Previsión Social Militar (IPSM), commonly known as the Military Institute of Social Security of Nicaragua..", "id": "id7b4cce64c6b94a6693c4223653291a68", "header": "Imposition of sanctions with respect to the Ortega administration’s abuses against the Catholic Church, political prisoners, and support for the invasion of Ukraine", "nested": [ { "text": "(a) Expansion of activities triggering targeted sanctions \nSection 5(b) of the Nicaraguan Investment Conditionality Act of 2018 ( Public Law 115–335 ; 50 U.S.C. 1701 note) is amended by adding at the end the following: (5) The arrest or prosecution of a person, including a person who is a member of or an officer of the Catholic Church, because of the legitimate exercise by such person of the freedom of religion. (6) The conviction and sentencing of a person who is a member of an opposition party or independent civil society organization under politically motivated charges. (7) Gross violations of the internationally recognized human rights of prisoners. (8) Acts of providing significant goods, services, or technology to or expressing support for the invasion of Ukraine by the Russian Federation that began on February 24, 2022..", "id": "id3867898bdc87446aa08c60877af0c36a", "header": "Expansion of activities triggering targeted sanctions", "nested": [], "links": [ { "text": "Public Law 115–335", "legal-doc": "public-law", "parsable-cite": "pl/115/335" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(b) Modification of targeted sanctions prioritization \nSection 5(b)(2)(B) of the Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 ( Public Law 117–54 ; 50 U.S.C. 1701 note) is amended— (1) by redesignating clauses (viii) and (ix) as clauses (ix) and (x), respectively; and (2) by inserting after clause (vii) the following new clause (viii): (viii) Officials of the Instituto de Previsión Social Militar (IPSM), commonly known as the Military Institute of Social Security of Nicaragua..", "id": "id1d96a5591a264920aa628f218134b171", "header": "Modification of targeted sanctions prioritization", "nested": [], "links": [ { "text": "Public Law 117–54", "legal-doc": "public-law", "parsable-cite": "pl/117/54" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] } ], "links": [ { "text": "Public Law 115–335", "legal-doc": "public-law", "parsable-cite": "pl/115/335" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "Public Law 117–54", "legal-doc": "public-law", "parsable-cite": "pl/117/54" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "104. Coordinated diplomatic strategy to restrict investment and loans that benefit the Government of Nicaragua from the Central American Bank for Economic Integration \nSection 4 of the Nicaragua Investment Conditionality Act of 2018 ( Public Law 115–335 ; 50 U.S.C. 1701 note) is amended— (1) by redesignating subsection (f) as subsection (g); (2) by inserting after subsection (e) the following new subsection (f): (f) Diplomatic strategy To restrict investment in Nicaragua at the Central American Bank for Economic Integration \nThe Secretary of State, in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with governments of countries that are partners of the United States and members of the Central American Bank for Economic Integration (referred to in this section as CABEI ), including the governments of Mexico, Taiwan, Argentina, Colombia, Spain, and the Republic of Korea— (1) to oppose the extension by CABEI of any loan or financial or technical assistance to the Government of Nicaragua for any project in Nicaragua; (2) to increase the scrutiny of any loan or financial or technical assistance provided by CABEI to any project in Nicaragua; and (3) to ensure that any loan or financial or technical assistance provided by CABEI to a project in Nicaragua is administered through an entity with full technical, administrative, and financial independence from the Government of Nicaragua. ; and (3) in subsection (g), as so redesignated— (A) in paragraph (4), by striking ; and and inserting a semicolon; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph (5): (5) a description of the results of the diplomatic strategy mandated by subsection (f); and.", "id": "id4411ff572eb340c0a16259ea9393a1b7", "header": "Coordinated diplomatic strategy to restrict investment and loans that benefit the Government of Nicaragua from the Central American Bank for Economic Integration", "nested": [], "links": [ { "text": "Public Law 115–335", "legal-doc": "public-law", "parsable-cite": "pl/115/335" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "201. Statement of policy \nIt is the policy of the United States to seek a resolution to the political crisis in Nicaragua that includes— (1) a commitment by the Government of Nicaragua to hold free and fair elections that meet democratic standards and permit credible international electoral observation to replace the Ortega administration; (2) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and (3) independent investigations into the killings of protesters in Nicaragua.", "id": "idf5147c49d1df4906a6d9afae150ab7ad", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "202. Review of participation of Nicaragua in the Dominican Republic-Central America-United States free trade agreement \n(a) Report required \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the United States Trade Representative, shall submit to the appropriate congressional committees a report on the participation of Nicaragua in CAFTA–DR, which includes— (A) an assessment of the benefits that the Ortega regime receives from the participation of Nicaragua in CAFTA–DR, including profits earned by Nicaraguan State-owned entities; (B) a description of the violations of commitments made by Nicaragua under CAFTA–DR; and (C) an assessment of whether Nicaragua qualifies as a nonmarket economy for the purposes of the Trade Act of 1974 ( 19 U.S.C. 2101 et seq. ). (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) CAFTA–DR defined \nIn this section, the term CAFTA–DR means the Dominican Republic-Central America-United States Free Trade Agreement— (1) entered into on August 5, 2004, with the Governments of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua, and submitted to Congress on June 23, 2005; and (2) approved by Congress under section 101(a)(1) of the Dominican Republic-Central American-United States Free Trade Agreement Implementation Act ( 19 U.S.C. 4011(a)(1) ).", "id": "id1a5042e3c3a24fcd95337940fc8c499e", "header": "Review of participation of Nicaragua in the Dominican Republic-Central America-United States free trade agreement", "nested": [ { "text": "(a) Report required \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the United States Trade Representative, shall submit to the appropriate congressional committees a report on the participation of Nicaragua in CAFTA–DR, which includes— (A) an assessment of the benefits that the Ortega regime receives from the participation of Nicaragua in CAFTA–DR, including profits earned by Nicaraguan State-owned entities; (B) a description of the violations of commitments made by Nicaragua under CAFTA–DR; and (C) an assessment of whether Nicaragua qualifies as a nonmarket economy for the purposes of the Trade Act of 1974 ( 19 U.S.C. 2101 et seq. ). (2) Form \nThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.", "id": "id2f46b85194b446e7a4ffb412090d1071", "header": "Report required", "nested": [], "links": [ { "text": "19 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2101" } ] }, { "text": "(b) CAFTA–DR defined \nIn this section, the term CAFTA–DR means the Dominican Republic-Central America-United States Free Trade Agreement— (1) entered into on August 5, 2004, with the Governments of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua, and submitted to Congress on June 23, 2005; and (2) approved by Congress under section 101(a)(1) of the Dominican Republic-Central American-United States Free Trade Agreement Implementation Act ( 19 U.S.C. 4011(a)(1) ).", "id": "id9a3aa702703d4f68b7b9637c076f4ec2", "header": "CAFTA–DR defined", "nested": [], "links": [ { "text": "19 U.S.C. 4011(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/4011" } ] } ], "links": [ { "text": "19 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/2101" }, { "text": "19 U.S.C. 4011(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/4011" } ] }, { "text": "203. Prohibition on new United States investment in Nicaragua \n(a) Prohibition \nAfter the date of the enactment of this Act, a United States person, wherever located, may not make any investment in any sector of the economy of Nicaragua. (b) Implementation \nThe President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (c) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Exceptions \n(1) Exception for intelligence activities \nThis section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Humanitarian exception \nThe prohibition under subsection (a) does not apply with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Nicaragua, or for the provision of humanitarian assistance to the people of Nicaragua. (e) National security waiver \nThe President may waive the application of the prohibition under subsection (a) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.", "id": "idf81049dc72004086b024b33b9341090d", "header": "Prohibition on new United States investment in Nicaragua", "nested": [ { "text": "(a) Prohibition \nAfter the date of the enactment of this Act, a United States person, wherever located, may not make any investment in any sector of the economy of Nicaragua.", "id": "idd3fd46c4e8974328bd6453c64c6ea206", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Implementation \nThe President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.", "id": "id54decab6d5f6475da4655adde17ea100", "header": "Implementation", "nested": [], "links": [] }, { "text": "(c) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.", "id": "id095f9af63c6448e1a045c2292324f837", "header": "Penalties", "nested": [], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(d) Exceptions \n(1) Exception for intelligence activities \nThis section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Humanitarian exception \nThe prohibition under subsection (a) does not apply with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Nicaragua, or for the provision of humanitarian assistance to the people of Nicaragua.", "id": "id2290432dba08497bbce6aa436710c680", "header": "Exceptions", "nested": [], "links": [ { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] }, { "text": "(e) National security waiver \nThe President may waive the application of the prohibition under subsection (a) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.", "id": "id8e3590e384d14ceeb459b844272e259b", "header": "National security waiver", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" }, { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" } ] }, { "text": "204. Termination \nThe provisions of this title shall cease to have effect upon certification by the President to the appropriate congressional committees that a resolution to the political crisis in Nicaragua as described in section 201 has been reached.", "id": "id478ea0228a33495096d935aa3498a4d5", "header": "Termination", "nested": [], "links": [] }, { "text": "301. Support for human rights and democracy programs \n(a) Grants \n(1) In general \nThe President may provide grants to private, nonprofit organizations to support programs that promote human rights, democracy, and the rule of law in Nicaragua, including programs that document human rights abuses committed by the Ortega regime since April 2018. (2) Administration of programs \nAny program that receives a grant under paragraph (1) shall be administered in consultation with members of the Nicaraguan opposition, including individuals in exile in Costa Rica and the United States. (3) Funding limitation \nAny entity owned, controlled, or otherwise affiliated with the Ortega regime is not eligible to receive a grant under this section. (b) Report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter through fiscal year 2028, the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a report on actions taken pursuant to this section.", "id": "idbf48b771c5a24c8e834a839b44d36733", "header": "Support for human rights and democracy programs", "nested": [ { "text": "(a) Grants \n(1) In general \nThe President may provide grants to private, nonprofit organizations to support programs that promote human rights, democracy, and the rule of law in Nicaragua, including programs that document human rights abuses committed by the Ortega regime since April 2018. (2) Administration of programs \nAny program that receives a grant under paragraph (1) shall be administered in consultation with members of the Nicaraguan opposition, including individuals in exile in Costa Rica and the United States. (3) Funding limitation \nAny entity owned, controlled, or otherwise affiliated with the Ortega regime is not eligible to receive a grant under this section.", "id": "idbca35841191f4465abc797b90e8d62d5", "header": "Grants", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of the enactment of this Act, and annually thereafter through fiscal year 2028, the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a report on actions taken pursuant to this section.", "id": "id6cfb0c97b2e7442383e50dce1bf76d4b", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Support for Nicaraguan human rights at the United Nations \n(a) Support To extend mandate of the Group of Human Rights Experts on Nicaragua \nThe President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States in the United Nations Human Rights Council and the United Nations General Assembly— (1) to seek to extend the mandate of the Group of Human Rights Experts on Nicaragua under Human Rights Council Resolution 49/3 (2022) until a peaceful solution to the current political crisis in Nicaragua is reached, including— (A) a commitment to hold elections that meet democratic standards and permit credible international electoral observation; (B) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and (C) independent investigations into the killings of protesters; (2) to encourage international support to empower the Group of Human Rights Experts on Nicaragua to fulfil its mission to conduct thorough and independent investigations into all alleged human rights violations and abuses committed in Nicaragua since April 2018; and (3) to provide investigative and technical assistance to the Group of Human Rights Experts on Nicaragua as requested and as permitted under United Nations rules and regulations and United States law. (b) Support for further action \nThe President may direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations to provide greater action with respect to human rights violations in Nicaragua by— (1) urging the United Nations General Assembly to consider a resolution, consistent with prior United Nations resolutions, condemning the exile of political prisoners and attacks on religious freedom by the Ortega regime; and (2) assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to promote respect for human rights and encourage dialogue towards a peaceful and democratic transfer of power in Nicaragua.", "id": "idc4e8f01307d342818b09370a4c6c5003", "header": "Support for Nicaraguan human rights at the United Nations", "nested": [ { "text": "(a) Support To extend mandate of the Group of Human Rights Experts on Nicaragua \nThe President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States in the United Nations Human Rights Council and the United Nations General Assembly— (1) to seek to extend the mandate of the Group of Human Rights Experts on Nicaragua under Human Rights Council Resolution 49/3 (2022) until a peaceful solution to the current political crisis in Nicaragua is reached, including— (A) a commitment to hold elections that meet democratic standards and permit credible international electoral observation; (B) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and (C) independent investigations into the killings of protesters; (2) to encourage international support to empower the Group of Human Rights Experts on Nicaragua to fulfil its mission to conduct thorough and independent investigations into all alleged human rights violations and abuses committed in Nicaragua since April 2018; and (3) to provide investigative and technical assistance to the Group of Human Rights Experts on Nicaragua as requested and as permitted under United Nations rules and regulations and United States law.", "id": "id378027c4a0604b0cae6ca7ee43156dc5", "header": "Support To extend mandate of the Group of Human Rights Experts on Nicaragua", "nested": [], "links": [] }, { "text": "(b) Support for further action \nThe President may direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations to provide greater action with respect to human rights violations in Nicaragua by— (1) urging the United Nations General Assembly to consider a resolution, consistent with prior United Nations resolutions, condemning the exile of political prisoners and attacks on religious freedom by the Ortega regime; and (2) assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to promote respect for human rights and encourage dialogue towards a peaceful and democratic transfer of power in Nicaragua.", "id": "idad485d7d130345efa6014b6b7ee1aef8", "header": "Support for further action", "nested": [], "links": [] } ], "links": [] } ]

[ "Business investment and capital", "Canada", "Caribbean area", "Civil actions and liability", "Conflicts and wars", "Congressional oversight", "Criminal investigation, prosecution, interrogation", "Detention of persons", "Diplomacy, foreign officials, Americans abroad", "Elections, voting, political campaign regulation", "Europe", "Federal officials", "Foreign and international banking", "Foreign loans and debt", "Foreign property", "Free trade and trade barriers", "Human rights", "Intelligence activities, surveillance, classified information", "International organizations and cooperation", "Latin America", "Meat", "Nicaragua", "Political parties and affiliation", "Presidents and presidential powers, Vice Presidents", "Protest and dissent", "Russia", "Sanctions", "Sovereignty, recognition, national governance and status", "U.S. and foreign investments", "Ukraine", "United Nations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Social Security Fairness Act.", "id": "H5C8D22504EB545A49BCD0D1CA7991BE6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of government pension offset provision \n(a) In general \nSection 202(k) of the Social Security Act ( 42 U.S.C. 402(k) ) is amended by striking paragraph (5). (b) Conforming amendments \n(1) Section 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q). (2) Section 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q). (3) Section 202(e)(2)(A) of such Act ( 42 U.S.C. 402(e)(2)(A) ) is amended by striking subsection (k)(5), subsection (q), and inserting subsection (q). (4) Section 202(f)(2)(A) of such Act ( 42 U.S.C. 402(f)(2)(A) ) is amended by striking subsection (k)(5), subsection (q) and inserting subsection (q).", "id": "HB6631C62932C482CBFDF99C9ECB1F59F", "header": "Repeal of government pension offset provision", "nested": [ { "text": "(a) In general \nSection 202(k) of the Social Security Act ( 42 U.S.C. 402(k) ) is amended by striking paragraph (5).", "id": "HB5F3D73BDEA64F5DBFCDA9729B0965A2", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 402(k)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "(b) Conforming amendments \n(1) Section 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q). (2) Section 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q). (3) Section 202(e)(2)(A) of such Act ( 42 U.S.C. 402(e)(2)(A) ) is amended by striking subsection (k)(5), subsection (q), and inserting subsection (q). (4) Section 202(f)(2)(A) of such Act ( 42 U.S.C. 402(f)(2)(A) ) is amended by striking subsection (k)(5), subsection (q) and inserting subsection (q).", "id": "HBBBD1251229545338B4FEEBBE38E512B", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 402(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(e)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(f)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] } ], "links": [ { "text": "42 U.S.C. 402(k)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(e)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 402(f)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "3. Repeal of windfall elimination provisions \n(a) In general \nSection 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended— (1) in subsection (a), by striking paragraph (7); (2) in subsection (d), by striking paragraph (3); and (3) in subsection (f), by striking paragraph (9). (b) Conforming amendments \nSubsections (e)(2) and (f)(2) of section 202 of such Act ( 42 U.S.C. 402 ) are each amended by striking section 215(f)(5), 215(f)(6), or 215(f)(9)(B) in subparagraphs (C) and (D)(i) and inserting paragraph (5) or (6) of section 215(f).", "id": "H99FD616535C649EA977A330E7DED92E0", "header": "Repeal of windfall elimination provisions", "nested": [ { "text": "(a) In general \nSection 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended— (1) in subsection (a), by striking paragraph (7); (2) in subsection (d), by striking paragraph (3); and (3) in subsection (f), by striking paragraph (9).", "id": "H0F917CD90D294B9381954565D299D21D", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/42/415" } ] }, { "text": "(b) Conforming amendments \nSubsections (e)(2) and (f)(2) of section 202 of such Act ( 42 U.S.C. 402 ) are each amended by striking section 215(f)(5), 215(f)(6), or 215(f)(9)(B) in subparagraphs (C) and (D)(i) and inserting paragraph (5) or (6) of section 215(f).", "id": "H9797F29C7B3C46B2A4CED72B4CCCFB78", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] } ], "links": [ { "text": "42 U.S.C. 415", "legal-doc": "usc", "parsable-cite": "usc/42/415" }, { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" } ] }, { "text": "4. Effective date \nThe amendments made by this Act shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act for months after December 2023. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall adjust primary insurance amounts to the extent necessary to take into account the amendments made by section 3.", "id": "H681463377A0B4B3BBDDCFE22C751D2B0", "header": "Effective date", "nested": [], "links": [] } ]

[ "Government employee pay, benefits, personnel management", "Social security and elderly assistance" ]

[ { "text": "1. Short title \nThis Act may be cited as the Safe Step Act.", "id": "HA1F30C561B1949D6916332CA489ACBC8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Required exceptions process for medication step therapy protocols \n(a) In general \nThe Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 of such Act ( 29 U.S.C. 1185b ) the following new section: 713A. Required exceptions process for medication step therapy protocols \n(a) In general \nIn the case of a group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or coverage shall— (1) implement a clear and transparent process for a participant or beneficiary (or the prescribing health care provider on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescribing health care provider’s request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the health plan or coverage for patient cost-sharing rates or amounts at the time of the participant’s or beneficiary’s enrollment in the health plan or health insurance coverage. (b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence. (2) Delay of effective treatment would lead to severe or irreversible consequences, and the treatment otherwise required under the protocol is reasonably expected to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescribing health care provider and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any group health plan or health insurance issuer. (6) Other circumstances, as determined by the Secretary. (c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a)— (A) shall provide the prescribing health care provider or beneficiary or designated third-party advocate an opportunity to present such provider’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) shall clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (C) may not require the submission of any information or supporting documentation beyond what is strictly necessary to determine whether any of the circumstances listed in subsection (b) exists; and (D) shall clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2). (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available on the internet website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate. (d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the requesting provider with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, the plan or issuer shall conduct a review of the request and respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the requesting provider with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information. (e) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred, prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed. (f) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (e), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol.. (b) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 713 the following new items: Sec. 713A. Required exceptions process for medication step therapy protocols.. (c) Effective date \n(1) In general \nThe amendment made by subsection (a) applies with respect to plan years beginning with the first plan year that begins at least 6 months after the date of the enactment of this Act. (2) Regulations \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall issue final regulations, through notice and comment rulemaking, to implement the provisions of section 713A of the Employee Retirement Income Security Act of 1974, as added by subsection (a).", "id": "id9e401ad5db814757831371fa53185072", "header": "Required exceptions process for medication step therapy protocols", "nested": [ { "text": "(a) In general \nThe Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 of such Act ( 29 U.S.C. 1185b ) the following new section: 713A. Required exceptions process for medication step therapy protocols \n(a) In general \nIn the case of a group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or coverage shall— (1) implement a clear and transparent process for a participant or beneficiary (or the prescribing health care provider on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescribing health care provider’s request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the health plan or coverage for patient cost-sharing rates or amounts at the time of the participant’s or beneficiary’s enrollment in the health plan or health insurance coverage. (b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence. (2) Delay of effective treatment would lead to severe or irreversible consequences, and the treatment otherwise required under the protocol is reasonably expected to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescribing health care provider and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any group health plan or health insurance issuer. (6) Other circumstances, as determined by the Secretary. (c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a)— (A) shall provide the prescribing health care provider or beneficiary or designated third-party advocate an opportunity to present such provider’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) shall clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (C) may not require the submission of any information or supporting documentation beyond what is strictly necessary to determine whether any of the circumstances listed in subsection (b) exists; and (D) shall clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2). (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available on the internet website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate. (d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the requesting provider with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, the plan or issuer shall conduct a review of the request and respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the requesting provider with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information. (e) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred, prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed. (f) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (e), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol..", "id": "id5b5021ee45fb4ab78a4d6d3df6f20de0", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 1185b", "legal-doc": "usc", "parsable-cite": "usc/29/1185b" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 713 the following new items: Sec. 713A. Required exceptions process for medication step therapy protocols..", "id": "idaa263ea1391841cea896c2655749e56f", "header": "Clerical amendment", "nested": [], "links": [ { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" } ] }, { "text": "(c) Effective date \n(1) In general \nThe amendment made by subsection (a) applies with respect to plan years beginning with the first plan year that begins at least 6 months after the date of the enactment of this Act. (2) Regulations \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall issue final regulations, through notice and comment rulemaking, to implement the provisions of section 713A of the Employee Retirement Income Security Act of 1974, as added by subsection (a).", "id": "H5790E9DB32F34244A90FFDE689B700F4", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1185b", "legal-doc": "usc", "parsable-cite": "usc/29/1185b" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" } ] }, { "text": "713A. Required exceptions process for medication step therapy protocols \n(a) In general \nIn the case of a group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or coverage shall— (1) implement a clear and transparent process for a participant or beneficiary (or the prescribing health care provider on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescribing health care provider’s request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the health plan or coverage for patient cost-sharing rates or amounts at the time of the participant’s or beneficiary’s enrollment in the health plan or health insurance coverage. (b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence. (2) Delay of effective treatment would lead to severe or irreversible consequences, and the treatment otherwise required under the protocol is reasonably expected to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescribing health care provider and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any group health plan or health insurance issuer. (6) Other circumstances, as determined by the Secretary. (c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a)— (A) shall provide the prescribing health care provider or beneficiary or designated third-party advocate an opportunity to present such provider’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) shall clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (C) may not require the submission of any information or supporting documentation beyond what is strictly necessary to determine whether any of the circumstances listed in subsection (b) exists; and (D) shall clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2). (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available on the internet website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate. (d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the requesting provider with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, the plan or issuer shall conduct a review of the request and respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the requesting provider with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information. (e) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred, prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed. (f) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (e), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol.", "id": "idbe82175f81804b0b86e494f667cad2f9", "header": "Required exceptions process for medication step therapy protocols", "nested": [ { "text": "(a) In general \nIn the case of a group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or coverage shall— (1) implement a clear and transparent process for a participant or beneficiary (or the prescribing health care provider on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescribing health care provider’s request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the health plan or coverage for patient cost-sharing rates or amounts at the time of the participant’s or beneficiary’s enrollment in the health plan or health insurance coverage.", "id": "id82202f27c0d44bb49ba6b2cccd964abb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence. (2) Delay of effective treatment would lead to severe or irreversible consequences, and the treatment otherwise required under the protocol is reasonably expected to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescribing health care provider and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any group health plan or health insurance issuer. (6) Other circumstances, as determined by the Secretary.", "id": "id69a4a93d2b3e4788a0c2943e499b2577", "header": "Circumstances for exception approval", "nested": [], "links": [] }, { "text": "(c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a)— (A) shall provide the prescribing health care provider or beneficiary or designated third-party advocate an opportunity to present such provider’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) shall clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (C) may not require the submission of any information or supporting documentation beyond what is strictly necessary to determine whether any of the circumstances listed in subsection (b) exists; and (D) shall clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2). (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available on the internet website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate.", "id": "id743eab3f8a5140cdb87c572c5afd76db", "header": "Requirement of a clear process", "nested": [], "links": [] }, { "text": "(d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the requesting provider with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, the plan or issuer shall conduct a review of the request and respond to the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the requesting provider with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information.", "id": "id6fea54be8e8d436d8ac8d5a044e57fd5", "header": "Timing for determination of exception", "nested": [], "links": [] }, { "text": "(e) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred, prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed.", "id": "id6b88bf911ba644299bac2103e003cfb5", "header": "Medication step therapy protocol", "nested": [], "links": [] }, { "text": "(f) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (e), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol.", "id": "ide63e25573ae641d29a83ea4b740987a3", "header": "Clarification", "nested": [], "links": [] } ], "links": [] } ]

[ "Drug therapy", "Employee benefits and pensions", "Health care costs and insurance", "Health care coverage and access", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Strategic Production Response Act or the SPR Act.", "id": "H8A990FE6E1A646A38CEE00C1B8452A72", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Strategic production response plan \nSection 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by adding at the end the following: (k) Strategic production response plan \n(1) Definition of Federal land \n(A) In general \nIn this subsection, the term Federal land means land, including outer Continental Shelf land, the title to which is held by the United States. (B) Exclusions \nIn this subsection, the term Federal land does not include land otherwise not available for oil and gas development within— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a National Marine Sanctuary; or (v) Indian land. (2) Plan \nExcept in the case of a severe energy supply interruption described in subsection (d) or as otherwise mandated by Congress, the Secretary may not execute 1 drawdown or a series of 2 or more drawdowns of petroleum products in the Reserve after the date of enactment of this subsection, whether through sale, exchange, or loan, until the Secretary of the Interior has, as applicable, issued a plan or updated a previously issued plan to increase the production of oil and gas on Federal land. (3) Requirements for plan \nEach plan issued or updated under paragraph (2) shall include proposed actions to increase oil and gas production on Federal land that are in addition to lease sales previously scheduled by the Secretary of the Interior under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) and the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (4) Consultation \nThe Secretary of the Interior shall issue or update each plan required under paragraph (2) in consultation with the Secretary, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. (5) Congressional submission \nNot later than 60 days after the date on which the Secretary executes 1 drawdown or a series of 2 or more drawdowns of petroleum products in the Reserve after the date of enactment of this subsection, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives a copy of the applicable plan required under paragraph (2)..", "id": "id2FE8470646524727B7DD2870F37EDFC3", "header": "Strategic production response plan", "nested": [], "links": [ { "text": "42 U.S.C. 6241", "legal-doc": "usc", "parsable-cite": "usc/42/6241" }, { "text": "30 U.S.C. 181 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/181" }, { "text": "43 U.S.C. 1331 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1331" } ] } ]

[ "Congressional oversight", "Energy storage, supplies, demand", "Land use and conservation", "Mining", "Oil and gas", "Strategic materials and reserves" ]

[ { "text": "1. Short title \nThis Act may be cited as the New York-New Jersey Watershed Protection Act.", "id": "idC7BF88EC536A47598CB0913D96E62882", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Approved plan \n(A) In general \nThe term approved plan means any plan for management of the Watershed— (i) that has been approved by a Federal, regional, State, Tribal, or local governmental entity, including State Wildlife Action Plans, Comprehensive Conservation Management Plans, and Watershed Improvement Plans; or (ii) that is determined by the Secretary, in consultation with the entities described in clause (i), to contribute to the achievement of the purposes of this Act. (B) Inclusions \nThe term approved plan includes— (i) the New York-New Jersey Harbor & Estuary Program (HEP) Action Agenda; (ii) the Hudson Raritan Comprehensive Restoration Plan; (iii) the Hudson River Comprehensive Restoration Plan; (iv) the Hudson River Estuary Program Action Agenda; (v) the Mohawk River Action Agenda; (vi) the Sustainable Raritan River Initiative Action Plan; (vii) the Lower Passaic and Bronx & Harlem Federal Urban Waters Partnership Workplans; (viii) the New Jersey Sports and Exhibition Authority Meadowlands Restoration Plan; and (ix) such other conservation projects in the region that achieve the purposes of this Act, as determined by the Secretary. (2) Environmental justice \nThe term environmental justice , with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies, means the fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income. (3) Foundation \nThe term Foundation means the National Fish and Wildlife Foundation. (4) Grant program \nThe term grant program means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 4(a). (5) Program \nThe term program means the New York-New Jersey Watershed Restoration Program established under section 3(a). (6) Restoration and protection \nThe term restoration and protection means the conservation, stewardship, and enhancement of habitat for fish and wildlife, including water quality— (A) to preserve and improve ecosystems and ecological processes on which those fish and wildlife depend; and (B) for use and enjoyment by the public. (7) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (8) Watershed \nThe term Watershed means the New York-New Jersey Watershed, which is composed of— (A) all land area the surface water of which drains into the New York-New Jersey Harbor; (B) the waters contained within that land area; and (C) the estuaries associated with those watersheds.", "id": "id49ea3f5bec20422fb015c5a64adb9440", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. New York-New Jersey Watershed Restoration Program \n(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the New York-New Jersey Watershed Restoration Program. (b) Purposes \nThe purposes of the program shall include— (1) coordinating restoration and protection activities among Federal, State, Tribal, local, and regional entities and conservation partners throughout the Watershed; (2) carrying out coordinated restoration and protection activities, and providing for technical assistance for those activities, throughout the Watershed— (A) to sustain and enhance fish and wildlife habitat; (B) to improve and maintain water quality to support fish, wildlife, and their habitats, as well as to improve opportunities for public access and recreation in the Watershed consistent with the ecological needs of fish and wildlife habitats; (C) to advance the use of natural climate solutions and natural infrastructure, including living shorelines and other green infrastructure techniques, to maximize the resilience of communities, natural systems, and habitats experiencing the impacts of climate change; (D) to engage the public, particularly communities experiencing environmental injustice, through outreach, education, and community involvement to increase capacity, support, and workforce development for coordinated restoration and protection activities in the Watershed; (E) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities in the Watershed; (F) to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals; (G) to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (c)(3); (H) to monitor environmental quality to assess progress toward the purposes of this Act; and (I) to improve fish and wildlife habitats, as well as opportunities for personal recreation, along rivers and shore fronts within communities experiencing environmental injustice; and (3) carrying out restoration and protection activities necessary, as determined by the Secretary, for the implementation of approved plans. (c) Duties \nIn carrying out the program, the Secretary shall— (1) draw on existing and new approved plans for the Watershed, or portions of the Watershed; (2) work in consultation with applicable management entities, including representatives of the New York-New Jersey Harbor and Estuary Program (HEP), the Hudson River Estuary Program, the Mohawk River Basin Program, the Sustainable Raritan River Initiative, the Federal Government, other State and local governments, and regional and nonprofit organizations, including environmental justice organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Watershed; and (3) adopt a Watershed-wide strategy that— (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (2); (B) targets cost-effective projects with measurable results; (C) maximizes conservation outcomes; (D) prioritizes the needs of communities experiencing environmental injustice; and (E) implements the grant program. (d) Consultation \nIn establishing the program, the Secretary shall consult with, as appropriate— (1) the heads of Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of Agriculture; (D) the Director of the National Park Service; and (E) the heads of such other Federal agencies as the Secretary determines to be appropriate; (2) the Governor of New York; (3) the Governor of New Jersey; (4) the Commissioner of the New York State Department of Environmental Conservation; (5) the Director of the New Jersey Division of Fish and Wildlife; (6) the New York-New Jersey Harbor & Estuary Program; and (7) other public agencies, Indian Tribes, and organizations with authority for the planning and implementation of conservation strategies in the Watershed, as determined appropriate by the Secretary.", "id": "id3e4e70e45ae0420f8f59965e8d43613c", "header": "New York-New Jersey Watershed Restoration Program", "nested": [ { "text": "(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the New York-New Jersey Watershed Restoration Program.", "id": "id401203c5e21b433aad15e48bedbd0bbb", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe purposes of the program shall include— (1) coordinating restoration and protection activities among Federal, State, Tribal, local, and regional entities and conservation partners throughout the Watershed; (2) carrying out coordinated restoration and protection activities, and providing for technical assistance for those activities, throughout the Watershed— (A) to sustain and enhance fish and wildlife habitat; (B) to improve and maintain water quality to support fish, wildlife, and their habitats, as well as to improve opportunities for public access and recreation in the Watershed consistent with the ecological needs of fish and wildlife habitats; (C) to advance the use of natural climate solutions and natural infrastructure, including living shorelines and other green infrastructure techniques, to maximize the resilience of communities, natural systems, and habitats experiencing the impacts of climate change; (D) to engage the public, particularly communities experiencing environmental injustice, through outreach, education, and community involvement to increase capacity, support, and workforce development for coordinated restoration and protection activities in the Watershed; (E) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities in the Watershed; (F) to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals; (G) to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (c)(3); (H) to monitor environmental quality to assess progress toward the purposes of this Act; and (I) to improve fish and wildlife habitats, as well as opportunities for personal recreation, along rivers and shore fronts within communities experiencing environmental injustice; and (3) carrying out restoration and protection activities necessary, as determined by the Secretary, for the implementation of approved plans.", "id": "idae0451f47ced49a4b6db587a03a1ab14", "header": "Purposes", "nested": [], "links": [] }, { "text": "(c) Duties \nIn carrying out the program, the Secretary shall— (1) draw on existing and new approved plans for the Watershed, or portions of the Watershed; (2) work in consultation with applicable management entities, including representatives of the New York-New Jersey Harbor and Estuary Program (HEP), the Hudson River Estuary Program, the Mohawk River Basin Program, the Sustainable Raritan River Initiative, the Federal Government, other State and local governments, and regional and nonprofit organizations, including environmental justice organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Watershed; and (3) adopt a Watershed-wide strategy that— (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (2); (B) targets cost-effective projects with measurable results; (C) maximizes conservation outcomes; (D) prioritizes the needs of communities experiencing environmental injustice; and (E) implements the grant program.", "id": "id37f68d5b0393451792713784f78655c7", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Consultation \nIn establishing the program, the Secretary shall consult with, as appropriate— (1) the heads of Federal agencies, including— (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of Agriculture; (D) the Director of the National Park Service; and (E) the heads of such other Federal agencies as the Secretary determines to be appropriate; (2) the Governor of New York; (3) the Governor of New Jersey; (4) the Commissioner of the New York State Department of Environmental Conservation; (5) the Director of the New Jersey Division of Fish and Wildlife; (6) the New York-New Jersey Harbor & Estuary Program; and (7) other public agencies, Indian Tribes, and organizations with authority for the planning and implementation of conservation strategies in the Watershed, as determined appropriate by the Secretary.", "id": "id6ad90a95d9ae4fed8ccd9476d08b2cf5", "header": "Consultation", "nested": [], "links": [] } ], "links": [] }, { "text": "4. New York-New Jersey watershed restoration grant program \n(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a voluntary grant and technical assistance program, to be known as the New York-New Jersey Watershed Restoration Grant Program , to provide competitive matching grants to State, Tribal, and local governments, nonprofit organizations, institutions of higher education, and other eligible entities, as determined by the Secretary, to carry out the coordinated restoration and protection activities described in section 3(b)(2). (b) Criteria \nThe Secretary, in consultation with the individuals and entities referred to in section 3(d), shall develop criteria for the grant program to ensure that activities funded under the grant program— (1) accomplish 1 or more of the purposes identified in section 3(b)(2); and (2) advance the implementation of priority actions or needs identified in the Watershed-wide strategy adopted under section 3(c)(3). (c) Capacity building \nIn carrying out the grant program, the Secretary shall seek to increase the effectiveness of organizations that carry out restoration and protection activities described in section 3(b)(2) within the Watershed by addressing organizational capacity needs. (d) Cost-Share \n(1) Federal share \n(A) In general \nExcept as provided in subparagraph (B), the Federal share of the total cost of a restoration and protection activity carried out under the grant program shall be not more than 50 percent, as determined by the Secretary. (B) Small, rural, and disadvantaged communities \n(i) In general \nSubject to clause (ii) the Federal share of the total cost of a restoration and protection activity carried out under the grant program that serves a small, rural, or disadvantaged community shall be 90 percent, as determined by the Secretary. (ii) Waiver \nThe Secretary may increase the Federal share under clause (i) to 100 percent of the total cost of the restoration and protection activity if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. (2) Non-Federal share \n(A) In general \nThe non-Federal share of the total cost of a restoration and protection activity carried out under the grant program shall be not more than 50 percent, as determined by the Secretary. (B) Form of payment \nThe non-Federal share described in subparagraph (A) may be provided— (i) in cash; or (ii) in the form of an in-kind contribution of services or materials. (e) Administration \n(1) In general \nThe Secretary may enter into an agreement to manage the grant program with— (A) the Foundation; or (B) a similar organization that offers grant management services. (2) Funding \nIf the Secretary enters into an agreement under paragraph (1), the Foundation or similar organization selected, as applicable, shall— (A) receive the amounts made available to carry out the grant program under section 7 for each applicable fiscal year in an advance payment of the entire amount on October 1 of that fiscal year, or as soon as practicable thereafter; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements \nIf the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) ).", "id": "idd7fec4d4d444447886ab117188759218", "header": "New York-New Jersey watershed restoration grant program", "nested": [ { "text": "(a) Establishment \nNot later than 180 days after the date of enactment of this Act, the Secretary shall establish a voluntary grant and technical assistance program, to be known as the New York-New Jersey Watershed Restoration Grant Program , to provide competitive matching grants to State, Tribal, and local governments, nonprofit organizations, institutions of higher education, and other eligible entities, as determined by the Secretary, to carry out the coordinated restoration and protection activities described in section 3(b)(2).", "id": "ide123e20f8fa94cb598d7bde50ed41799", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Criteria \nThe Secretary, in consultation with the individuals and entities referred to in section 3(d), shall develop criteria for the grant program to ensure that activities funded under the grant program— (1) accomplish 1 or more of the purposes identified in section 3(b)(2); and (2) advance the implementation of priority actions or needs identified in the Watershed-wide strategy adopted under section 3(c)(3).", "id": "id387494d5323b48aaad6566c729ad78c7", "header": "Criteria", "nested": [], "links": [] }, { "text": "(c) Capacity building \nIn carrying out the grant program, the Secretary shall seek to increase the effectiveness of organizations that carry out restoration and protection activities described in section 3(b)(2) within the Watershed by addressing organizational capacity needs.", "id": "id8c71768b823e4dcdad10626818ae7ec7", "header": "Capacity building", "nested": [], "links": [] }, { "text": "(d) Cost-Share \n(1) Federal share \n(A) In general \nExcept as provided in subparagraph (B), the Federal share of the total cost of a restoration and protection activity carried out under the grant program shall be not more than 50 percent, as determined by the Secretary. (B) Small, rural, and disadvantaged communities \n(i) In general \nSubject to clause (ii) the Federal share of the total cost of a restoration and protection activity carried out under the grant program that serves a small, rural, or disadvantaged community shall be 90 percent, as determined by the Secretary. (ii) Waiver \nThe Secretary may increase the Federal share under clause (i) to 100 percent of the total cost of the restoration and protection activity if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. (2) Non-Federal share \n(A) In general \nThe non-Federal share of the total cost of a restoration and protection activity carried out under the grant program shall be not more than 50 percent, as determined by the Secretary. (B) Form of payment \nThe non-Federal share described in subparagraph (A) may be provided— (i) in cash; or (ii) in the form of an in-kind contribution of services or materials.", "id": "idce90508c9e354a6887b83f9c5ee4fdc5", "header": "Cost-Share", "nested": [], "links": [] }, { "text": "(e) Administration \n(1) In general \nThe Secretary may enter into an agreement to manage the grant program with— (A) the Foundation; or (B) a similar organization that offers grant management services. (2) Funding \nIf the Secretary enters into an agreement under paragraph (1), the Foundation or similar organization selected, as applicable, shall— (A) receive the amounts made available to carry out the grant program under section 7 for each applicable fiscal year in an advance payment of the entire amount on October 1 of that fiscal year, or as soon as practicable thereafter; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements \nIf the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 et seq. ), excluding section 10(a) of that Act ( 16 U.S.C. 3709(a) ).", "id": "idFA1076573309482BAD61C1D3E7E3E89B", "header": "Administration", "nested": [], "links": [ { "text": "16 U.S.C. 3701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3701" }, { "text": "16 U.S.C. 3709(a)", "legal-doc": "usc", "parsable-cite": "usc/16/3709" } ] } ], "links": [ { "text": "16 U.S.C. 3701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3701" }, { "text": "16 U.S.C. 3709(a)", "legal-doc": "usc", "parsable-cite": "usc/16/3709" } ] }, { "text": "5. Annual reports \nNot later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each activity that has received funding under this Act in the preceding fiscal year.", "id": "id6a90abee58194872bd0720f6ba7b0bc6", "header": "Annual reports", "nested": [], "links": [] }, { "text": "6. Prohibition on Federal land holdings \nThe Federal Government may not maintain ownership of any land acquired under this Act except for the purpose of promptly transferring ownership to an entity described in section 4(a).", "id": "id9AE8AE2F03E84D1F9D1AEFBEC62A61F9", "header": "Prohibition on Federal land holdings", "nested": [], "links": [] }, { "text": "7. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Secretary to carry out this Act $20,000,000 for each of fiscal years 2024 through 2029, of which not more than 5 percent shall be used for administrative costs of carrying out this Act. (b) Grant program \nOf the amounts made available to carry out this Act for each fiscal year, the Secretary shall use not less than 75 percent to carry out the grant program, including for technical assistance relating to the grant program. (c) Supplement, not supplant \nAmounts made available to carry out this Act for each fiscal year shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Watershed.", "id": "id84164de04a6a4ae5b85481f13cd6efe6", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to the Secretary to carry out this Act $20,000,000 for each of fiscal years 2024 through 2029, of which not more than 5 percent shall be used for administrative costs of carrying out this Act.", "id": "ideb285fdb817240e786930e0ce46e8aaf", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Grant program \nOf the amounts made available to carry out this Act for each fiscal year, the Secretary shall use not less than 75 percent to carry out the grant program, including for technical assistance relating to the grant program.", "id": "idadf1937d0d0a41bc807b7611092f3410", "header": "Grant program", "nested": [], "links": [] }, { "text": "(c) Supplement, not supplant \nAmounts made available to carry out this Act for each fiscal year shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Watershed.", "id": "id614b0165a1c54631bcc1bbb486dbc329", "header": "Supplement, not supplant", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Sunset \nThis Act shall cease to have force or effect on October 1, 2030.", "id": "id0E4B80A75D024D76A39A1F77B00E2041", "header": "Sunset", "nested": [], "links": [] } ]

[ "Aquatic ecology", "Congressional oversight", "Due process and equal protection", "Environmental assessment, monitoring, research", "Environmental education", "Environmental health", "Environmental technology", "Floods and storm protection", "Intergovernmental relations", "Lakes and rivers", "Land use and conservation", "Marine and coastal resources, fisheries", "Navigation, waterways, harbors", "New Jersey", "New York State", "Outdoor recreation", "Public-private cooperation", "Seashores and lakeshores", "Water Resources Development", "Water quality", "Water resources funding", "Water use and supply", "Watersheds", "Wildlife conservation and habitat protection" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting America from Seasonal and Pandemic Influenza Act of 2023 or the Influenza Act.", "id": "HB49A147564C743FE81C220D7E75F66EE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Influenza occurs seasonally each year, and, throughout history, has caused devastating pandemics. The 1918 influenza pandemic killed an estimated 675,000 people in the United States. (2) In an average season, influenza results in 12,000 to 52,000 deaths in the United States, including over 100 pediatric deaths. Additionally, influenza causes hundreds of thousands of hospitalizations and millions of illnesses. (3) The Council of Economic Advisors issued a report in 2019 estimating that seasonal influenza costs the United States approximately $361,000,000,000 per year, and that an influenza pandemic has the potential to cause up to $3,790,000,000,000 in losses. This report was issued prior to the COVID–19 pandemic, which will cost the United States an estimated $16,000,000,000,000. (4) Most funding for pandemic influenza preparedness up until fiscal year 2018 was derived from supplemental appropriations that dated back to the 2009 H1N1 pandemic. (5) Centers for Disease Control and Prevention (referred to in this section as the CDC ) studies of influenza hospitalization rates by race and ethnicity during 10 influenza seasons from 2009 to 2019 showed that individuals from racial and ethnic minority groups are at higher risk for being hospitalized with influenza. (6) The COVID–19 pandemic response has been built on the pandemic influenza response ecosystem. (7) Strategies that increase seasonal influenza vaccination rates will also improve pandemic readiness. (8) The National Influenza Vaccine Modernization Strategy of 2020–2030 of the Department of Health and Human Services should be implemented as quickly as possible to ensure the Nation’s vaccine enterprise is highly responsive, flexible, scalable, and effective at reducing the impact of seasonal and pandemic influenza viruses. (9) Influenza surveillance has been improved significantly through advances in next-generation gene sequencing tools to analyze circulating influenza viruses. The technology allows the CDC to study more influenza viruses faster and in more detail, and to monitor genetic changes in influenza viruses to better understand and improve the effectiveness of influenza vaccines. (10) Influenza diagnosis and surveillance has improved significantly through advances in influenza testing. Timely infection control and prevention strategies would be significantly bolstered by accurate and readily accessible at-home diagnostic tests. Rapid diagnostics can improve access for underserved populations and allow for better antibiotic stewardship. (11) Vaccine hesitancy in the United States has reached a tipping point where it is adversely affecting public health. Misinformation is widely available on social media, and traditional sources of information on the value and efficacy of vaccines are not trusted by many people of the United States, especially those who are vaccine hesitant. (12) Support for vaccine communication, outreach, and administration across public health and health care settings is critical to drive demand of influenza vaccines, treatments, and medical countermeasures and ensure equitable uptake of such innovations.", "id": "HDD7E32B3775F48599DF470BED24B0A49", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Strengthening and diversifying influenza vaccine, therapeutics, and diagnostics development, manufacturing, and supply chain \n(a) Timely delivery of first doses of finished influenza vaccine \n(1) National goal \nIt is a national goal for the United States to have, not later than 3 years after the date of enactment of this Act, the capacity to deliver first doses of finished influenza vaccine within 12 weeks of emergence of an influenza strain with pandemic potential. (2) Plan \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Preparedness and Response and the Director of the Biomedical Advanced Research and Development Authority, shall publish a plan to achieve the goal specified in paragraph (1). (b) Universal influenza vaccine \n(1) National goal \nIt is a national goal for the United States to have developed a universal influenza vaccine, not later than 10 years after the date of enactment of this Act. (2) Plan \n(A) Publication \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the Biomedical Advanced Research and Development Authority, shall publish a plan to achieve the goal specified in paragraph (1) in partnership with vaccine manufacturers. (B) Interim support \nThe plan under subparagraph (A) shall include provisions, as necessary to achieve such goal, for support over the period of 5 years following the publication of such plan of the following: (i) Incremental vaccine efficacy improvements. (ii) The research workforce. (c) Strengthening the vaccine supply chain \n(1) Public-private partnerships \n(A) In general \nThe Secretary of Health and Human Services shall— (i) establish public-private partnerships to strengthen the domestic vaccine supply chain; and (ii) evaluate the capabilities, capacity, and utilization of such partnerships, including by assessing and testing relevant logistical and interoperable technology with stakeholders in the supply chain. (B) Domestic vaccine supply chain \nFor purposes of this paragraph, the term domestic vaccine supply chain includes the full domestic supply chain, including— (i) production of ingredients and manufacturing and distribution of finished vaccines; (ii) fill-finish capacity; and (iii) the supply chain of ancillary supplies such as needles and syringes. (2) Evaluation of using DPA \nThe Secretary of Health and Human Services, in coordination with the Administrator of the Federal Emergency Management Agency and the Secretary of Defense, shall— (A) evaluate the use of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for COVID–19 pandemic response; (B) not later than 1 year after the date of enactment of this Act, complete such evaluation and submit a report to Congress on the results of such evaluation; and (C) include in such report— (i) recommendations on using the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for building domestic capacity to respond to an influenza pandemic; and (ii) input from external stakeholders. (d) National Influenza Vaccine Modernization Strategy \nThe Secretary of Health and Human Services shall— (1) implement the portions of the National Influenza Vaccine Modernization Strategy 2020–2030 that are within the authority of the Department of Health and Human Services to carry out (under other applicable provisions of law); and (2) by June 15 each calendar year through 2030, submit to Congress a report on such implementation. (e) Assistant Secretary for Preparedness and Response \nSection 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting , including the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after qualified pandemic or epidemic products (as defined in section 319F–3) ; and (B) in paragraph (7), in the matter preceding subparagraph (A), by inserting , including through the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after for each such threat ; and (2) in subsection (d)(2)— (A) in subparagraph (J)(v), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) evaluate progress with respect to implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; and. (f) Biomedical advanced research and development authority \n(1) Preparedness activities \nSection 319L(c) of the Public Health Service Act (42 U.S.C. 247d–7e(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end of the following: (E) supporting pandemic influenza countermeasure preparedness. ; and (B) in paragraph (4), by adding at the end of the following: (H) Pandemic influenza medical countermeasures program \nIn carrying out paragraph (2)(E), the Secretary shall establish and implement a program that— (i) supports research and development activities for qualified pandemic or epidemic products (as defined in section 319F–3), including by— (I) developing innovative technologies to enhance rapid response to pandemic influenza threats; (II) developing influenza vaccines with potential universal vaccination capability; (III) developing enhanced influenza vaccines with longer lasting broad spectrum protective immunity against a wider range of antigenically divergent influenza strains; (IV) developing alternative vaccine delivery approaches; (V) developing novel small- and large-molecule novel influenza antivirals, monoclonal antibodies, and other products that provide better influenza treatment and prevention; (VI) developing innovative technologies to enhance rapid diagnosis of influenza; and (VII) implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; (ii) ensures readiness to respond to qualified pandemic and epidemic threats, including by— (I) supporting development and manufacturing of influenza virus seeds, clinical trial lots, and stockpiles of novel influenza strains; (II) supporting the stockpile of influenza antivirals through diversifying and replenishing the existing stockpile of influenza antivirals; (III) supporting manufacturing and fill-finish rapid response infrastructure; (IV) supporting the stockpile of influenza testing equipment and supplies; and (V) testing and evaluating pandemic threat rapid response capabilities through regular preparedness drills with key public and private sector partners that examine the range of activities (including production and clinical testing of influenza diagnostics, vaccines, and therapeutics) required to effectively respond to novel threats; and (iii) builds, sustains, and replenishes qualified pandemic and epidemic stockpiles of bulk antigen and adjuvant material, including by— (I) annually testing the potency and shelflife potential of all existing pandemic and epidemic stockpiles held by the Department of Health and Human Services; and (II) developing, and disseminating to key public and private sector partners, a life cycle management plan.. (g) Authorization of appropriations \nSection 319L(d) of the Public Health Service Act (42 U.S.C. 247d–7e(d)) is amended by adding at the end the following: (3) Pandemic influenza \nTo carry out this section and section 2811 with respect to pandemic influenza, in addition to amounts authorized to be appropriated by paragraph (2) and any amounts authorized to be appropriated by section 2811, there is authorized to be appropriated $335,000,000 for each of fiscal years 2024 through 2028, to remain available until expended..", "id": "H58562FB2FC444A9497058B56F51D2833", "header": "Strengthening and diversifying influenza vaccine, therapeutics, and diagnostics development, manufacturing, and supply chain", "nested": [ { "text": "(a) Timely delivery of first doses of finished influenza vaccine \n(1) National goal \nIt is a national goal for the United States to have, not later than 3 years after the date of enactment of this Act, the capacity to deliver first doses of finished influenza vaccine within 12 weeks of emergence of an influenza strain with pandemic potential. (2) Plan \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Preparedness and Response and the Director of the Biomedical Advanced Research and Development Authority, shall publish a plan to achieve the goal specified in paragraph (1).", "id": "H6F49C3874EF44F91BAFE72E1516104CC", "header": "Timely delivery of first doses of finished influenza vaccine", "nested": [], "links": [] }, { "text": "(b) Universal influenza vaccine \n(1) National goal \nIt is a national goal for the United States to have developed a universal influenza vaccine, not later than 10 years after the date of enactment of this Act. (2) Plan \n(A) Publication \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the Biomedical Advanced Research and Development Authority, shall publish a plan to achieve the goal specified in paragraph (1) in partnership with vaccine manufacturers. (B) Interim support \nThe plan under subparagraph (A) shall include provisions, as necessary to achieve such goal, for support over the period of 5 years following the publication of such plan of the following: (i) Incremental vaccine efficacy improvements. (ii) The research workforce.", "id": "HB54E431C5CC8443A8D22D01BC191FDE0", "header": "Universal influenza vaccine", "nested": [], "links": [] }, { "text": "(c) Strengthening the vaccine supply chain \n(1) Public-private partnerships \n(A) In general \nThe Secretary of Health and Human Services shall— (i) establish public-private partnerships to strengthen the domestic vaccine supply chain; and (ii) evaluate the capabilities, capacity, and utilization of such partnerships, including by assessing and testing relevant logistical and interoperable technology with stakeholders in the supply chain. (B) Domestic vaccine supply chain \nFor purposes of this paragraph, the term domestic vaccine supply chain includes the full domestic supply chain, including— (i) production of ingredients and manufacturing and distribution of finished vaccines; (ii) fill-finish capacity; and (iii) the supply chain of ancillary supplies such as needles and syringes. (2) Evaluation of using DPA \nThe Secretary of Health and Human Services, in coordination with the Administrator of the Federal Emergency Management Agency and the Secretary of Defense, shall— (A) evaluate the use of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for COVID–19 pandemic response; (B) not later than 1 year after the date of enactment of this Act, complete such evaluation and submit a report to Congress on the results of such evaluation; and (C) include in such report— (i) recommendations on using the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for building domestic capacity to respond to an influenza pandemic; and (ii) input from external stakeholders.", "id": "H36BBB04EEE504CB1A4F36A3FCBE9AE4C", "header": "Strengthening the vaccine supply chain", "nested": [], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" } ] }, { "text": "(d) National Influenza Vaccine Modernization Strategy \nThe Secretary of Health and Human Services shall— (1) implement the portions of the National Influenza Vaccine Modernization Strategy 2020–2030 that are within the authority of the Department of Health and Human Services to carry out (under other applicable provisions of law); and (2) by June 15 each calendar year through 2030, submit to Congress a report on such implementation.", "id": "H3F2BEA531D8D47F0BFB9F61156D3FA9D", "header": "National Influenza Vaccine Modernization Strategy", "nested": [], "links": [] }, { "text": "(e) Assistant Secretary for Preparedness and Response \nSection 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting , including the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after qualified pandemic or epidemic products (as defined in section 319F–3) ; and (B) in paragraph (7), in the matter preceding subparagraph (A), by inserting , including through the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after for each such threat ; and (2) in subsection (d)(2)— (A) in subparagraph (J)(v), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) evaluate progress with respect to implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; and.", "id": "H2CC21B6030AD46328EE24F39095366D4", "header": "Assistant Secretary for Preparedness and Response", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–10", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10" } ] }, { "text": "(f) Biomedical advanced research and development authority \n(1) Preparedness activities \nSection 319L(c) of the Public Health Service Act (42 U.S.C. 247d–7e(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end of the following: (E) supporting pandemic influenza countermeasure preparedness. ; and (B) in paragraph (4), by adding at the end of the following: (H) Pandemic influenza medical countermeasures program \nIn carrying out paragraph (2)(E), the Secretary shall establish and implement a program that— (i) supports research and development activities for qualified pandemic or epidemic products (as defined in section 319F–3), including by— (I) developing innovative technologies to enhance rapid response to pandemic influenza threats; (II) developing influenza vaccines with potential universal vaccination capability; (III) developing enhanced influenza vaccines with longer lasting broad spectrum protective immunity against a wider range of antigenically divergent influenza strains; (IV) developing alternative vaccine delivery approaches; (V) developing novel small- and large-molecule novel influenza antivirals, monoclonal antibodies, and other products that provide better influenza treatment and prevention; (VI) developing innovative technologies to enhance rapid diagnosis of influenza; and (VII) implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; (ii) ensures readiness to respond to qualified pandemic and epidemic threats, including by— (I) supporting development and manufacturing of influenza virus seeds, clinical trial lots, and stockpiles of novel influenza strains; (II) supporting the stockpile of influenza antivirals through diversifying and replenishing the existing stockpile of influenza antivirals; (III) supporting manufacturing and fill-finish rapid response infrastructure; (IV) supporting the stockpile of influenza testing equipment and supplies; and (V) testing and evaluating pandemic threat rapid response capabilities through regular preparedness drills with key public and private sector partners that examine the range of activities (including production and clinical testing of influenza diagnostics, vaccines, and therapeutics) required to effectively respond to novel threats; and (iii) builds, sustains, and replenishes qualified pandemic and epidemic stockpiles of bulk antigen and adjuvant material, including by— (I) annually testing the potency and shelflife potential of all existing pandemic and epidemic stockpiles held by the Department of Health and Human Services; and (II) developing, and disseminating to key public and private sector partners, a life cycle management plan..", "id": "H902D2A53214648A2B69E4D5F2B1D5AAE", "header": "Biomedical advanced research and development authority", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nSection 319L(d) of the Public Health Service Act (42 U.S.C. 247d–7e(d)) is amended by adding at the end the following: (3) Pandemic influenza \nTo carry out this section and section 2811 with respect to pandemic influenza, in addition to amounts authorized to be appropriated by paragraph (2) and any amounts authorized to be appropriated by section 2811, there is authorized to be appropriated $335,000,000 for each of fiscal years 2024 through 2028, to remain available until expended..", "id": "HCB7586C9A5BC4401ADD6990FFDC1B3CF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "42 U.S.C. 300hh–10", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10" } ] }, { "text": "4. Promoting innovative approaches and use of new technologies to detect, prevent, and respond to influenza \n(a) Sense of Congress \nIt is the sense of Congress that the Centers for Disease Control and Prevention should support interoperable immunization information systems that enable bidirectional data exchange among States, localities, and community immunization providers. (b) Prioritizing influenza, influenza combination, and pathogen agnostic tools \n(1) NIH \nThe Director of the National Institutes of Health may conduct or support basic research prioritizing the development of— (A) agnostic tools to detect influenza and other pathogens; and (B) technologies that automate sample preparation for such tools. (2) BARDA \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support advanced development of novel sequencing modalities prioritizing tools described in paragraph (1)(A) and technologies described in paragraph (1)(B). (c) Development of point-of-Care and self-Testing diagnostics \nThe Director of the Biomedical Advanced Research and Development Authority, in collaboration with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs, may conduct or support development of rapid, accurate, easily accessible, self-administrable diagnostic tests that are readable at the point of care or at home. (d) Incorporating diagnostics supply chain resiliency into influenza pandemic planning \nThe Assistant Secretary for Preparedness and Response, in collaboration with the Commissioner of Food and Drugs, the Director of the Centers for Disease Control and Prevention, the Secretary of Commerce, and the Secretary of Transportation, shall— (1) incorporate diagnostics supply chain resiliency into influenza pandemic planning that supports a health care system that tests to treat and bolsters testing and vaccine delivery supply chains; and (2) not later than 1 year after the date of enactment of this Act, publish a plan for rapidly expanding public and private diagnostic testing capacity (including at clinical laboratories, at public health department laboratories, and by means of self-testing) in an influenza pandemic, including addressing transportation infrastructure, the need for sterilization, and sourcing critical raw materials, components, and parts. (e) Scaling up prophylactic influenza antibody products that address gaps in coverage \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support preventive approaches, including those still in preclinical and clinical stages, to rapidly scale up preexposure prophylactic influenza antibody products that address influenza infection. (f) Modernizing potency assays \nThe Commissioner of Food and Drugs shall work with vaccine manufacturers to modernize potency assays across a variety of manufacturing technologies so as to reduce by 6 weeks the period required to first evaluate new vaccine candidates during a pandemic. (g) Improved influenza therapeutics \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support improved influenza therapeutics that— (1) are more broadly protective; and (2) meet the needs of high-risk and high-exposure patients.", "id": "H5DE2540018CD416EA774F662A3582097", "header": "Promoting innovative approaches and use of new technologies to detect, prevent, and respond to influenza", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the Centers for Disease Control and Prevention should support interoperable immunization information systems that enable bidirectional data exchange among States, localities, and community immunization providers.", "id": "H20F94E3ACD414416B6FD4C3E340D1B04", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Prioritizing influenza, influenza combination, and pathogen agnostic tools \n(1) NIH \nThe Director of the National Institutes of Health may conduct or support basic research prioritizing the development of— (A) agnostic tools to detect influenza and other pathogens; and (B) technologies that automate sample preparation for such tools. (2) BARDA \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support advanced development of novel sequencing modalities prioritizing tools described in paragraph (1)(A) and technologies described in paragraph (1)(B).", "id": "HDFC1903A9A93499E8BA730A384A47921", "header": "Prioritizing influenza, influenza combination, and pathogen agnostic tools", "nested": [], "links": [] }, { "text": "(c) Development of point-of-Care and self-Testing diagnostics \nThe Director of the Biomedical Advanced Research and Development Authority, in collaboration with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs, may conduct or support development of rapid, accurate, easily accessible, self-administrable diagnostic tests that are readable at the point of care or at home.", "id": "H22EEDD08BD1C499DAEAC672BE9467B29", "header": "Development of point-of-Care and self-Testing diagnostics", "nested": [], "links": [] }, { "text": "(d) Incorporating diagnostics supply chain resiliency into influenza pandemic planning \nThe Assistant Secretary for Preparedness and Response, in collaboration with the Commissioner of Food and Drugs, the Director of the Centers for Disease Control and Prevention, the Secretary of Commerce, and the Secretary of Transportation, shall— (1) incorporate diagnostics supply chain resiliency into influenza pandemic planning that supports a health care system that tests to treat and bolsters testing and vaccine delivery supply chains; and (2) not later than 1 year after the date of enactment of this Act, publish a plan for rapidly expanding public and private diagnostic testing capacity (including at clinical laboratories, at public health department laboratories, and by means of self-testing) in an influenza pandemic, including addressing transportation infrastructure, the need for sterilization, and sourcing critical raw materials, components, and parts.", "id": "H96BF524F3A9E4593B0865D2434F26801", "header": "Incorporating diagnostics supply chain resiliency into influenza pandemic planning", "nested": [], "links": [] }, { "text": "(e) Scaling up prophylactic influenza antibody products that address gaps in coverage \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support preventive approaches, including those still in preclinical and clinical stages, to rapidly scale up preexposure prophylactic influenza antibody products that address influenza infection.", "id": "H42705CA671A94567B443F351369C30B3", "header": "Scaling up prophylactic influenza antibody products that address gaps in coverage", "nested": [], "links": [] }, { "text": "(f) Modernizing potency assays \nThe Commissioner of Food and Drugs shall work with vaccine manufacturers to modernize potency assays across a variety of manufacturing technologies so as to reduce by 6 weeks the period required to first evaluate new vaccine candidates during a pandemic.", "id": "H8A84D221C7294D07AFAF95B4F5A611D7", "header": "Modernizing potency assays", "nested": [], "links": [] }, { "text": "(g) Improved influenza therapeutics \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support improved influenza therapeutics that— (1) are more broadly protective; and (2) meet the needs of high-risk and high-exposure patients.", "id": "HA9E6F0AB0BD8418380FCA1AB8EF63B39", "header": "Improved influenza therapeutics", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Increasing influenza vaccine, therapeutics, and testing access and coverage across all populations \n(a) Annual report on public communication strategy \nThe Director of the Centers for Disease Control and Prevention shall submit an annual report to Congress on the public communication strategy of the Centers to increase public confidence in the safety and effectiveness of vaccines. (b) Sense of Congress \nIt is the sense of Congress that the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Secretary of Defense, the Secretary of Veterans Affairs, the Administrator of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs should support research using large data sets from multiple sources of health data to further support and evaluate vaccine safety and effectiveness over multiple influenza seasons. (c) Addressing misinformation and disinformation \n(1) In general \nThe Secretary of Health and Human Services shall create partnerships to address misinformation and disinformation with respect to influenza vaccines. (2) Requirements \nThe partnerships under paragraph (1) shall— (A) build on lessons learned from COVID–19; and (B) allow for dissemination of best practices and lessons learned between partnering organizations. (3) Members \nThe members of the partnerships under paragraph (1) shall include representatives of organizations with experience working with vulnerable populations, including— (A) individuals with chronic health conditions; (B) older individuals; (C) parents of young children; (D) pregnant people; (E) Tribal communities; and (F) racial and ethnic minorities. (4) Conferring with partnering organizations \nThe Secretary of Health and Human Services shall confer with organizations represented in partnerships under paragraph (1)— (A) in advance of each seasonal influenza season, on messaging and communications; and (B) at the end of each seasonal influenza season, on best practices and lessons learned. (5) Report to Congress \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall report to Congress on the partnerships created, and activities conducted, under this section. (d) Communications public-Private partnership \n(1) In general \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall implement a targeted demonstration project that provides for the establishment of a communications public-private partnership initiative for increasing vaccine confidence. (2) Requirements \nThe demonstration project under paragraph (1) shall— (A) be implemented through an independent, nongovernmental, nonprofit entity; (B) focus on individuals with chronic illness or other comorbidities who tend to have worse clinical outcomes from influenza (such as individuals with heart disease or diabetes, and racial and ethnic minorities); (C) support behavioral research around sources of vaccine hesitancy; and (D) develop and implement a targeted, multimodal communications campaign, using internet platforms, television, and nontraditional targeted social media and community outreach in an effort to reach individuals who may be especially vaccine hesitant. (3) Report \nNot later than 6 months after completion of the demonstration project under paragraph (1), the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project, including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services. (e) Incorporating health equity into seasonal and pandemic influenza planning and response \nThe Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response shall— (1) incorporate health equity into the seasonal and pandemic influenza planning and response programs overseen by such officials; and (2) in so doing— (A) emphasize the inclusion of all populations; and (B) include strategies to reach communities of color, communities with lower socioeconomic status, seniors, and individuals with disabilities, including addressing barriers to vaccinations, therapeutics, and diagnostics in the point-of-care and at-home self-testing settings. (f) Expanding access to influenza treatment and adopting lessons learned from COVID–19 Federal Retail Pharmacy Program \n(1) Report \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on lessons learned from the COVID–19 Federal Retail Pharmacy Program, including aspects of the program that could be applied with respect to multianalyte tests that target COVID–19 as well as influenza and other upper respiratory viruses. (2) Demonstration project \n(A) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall initiate an influenza test-to-treat demonstration project that builds on the test-to-treat model employed for COVID–19. (B) Length; locations \nThis demonstration project under subparagraph (A) shall run for the length of one seasonal influenza season and be based in one or more of the following locations: (i) Facilities that serve vulnerable populations, such as populations who are in long-term care facilities, are 65 years of age or older, may have other medical conditions, and will be in unavoidable close contact with others. (ii) Federal health care facilities that serve at-risk and vulnerable communities, such as Indian Health Service clinics, Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), and facilities of the Department of Veterans Affairs. (iii) Existing COVID–19 test-to-treat sites at retail pharmacies, potentially in specific geographic areas with historically high mortality from influenza. (iv) Other appropriate locations identified by the Secretary of Health and Human Services, in consultation with external stakeholder organizations, to test the operational feasibility and impact of influenza test-to-treat programs. (3) Report \nNot later than 6 months after completion of the demonstration project under paragraph (2), the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project under paragraph (2), including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services. (g) Creating administration pathways \nThe Secretary of Health and Human Services may award grants to States to create administration pathways for pharmacy personnel to administer influenza vaccines, tests, and therapeutics, in order to increase vaccination, testing, and relevant treatment as needed for adults and children. (h) Strategic National Stockpile \nThe Secretary of Health and Human Services shall incorporate into the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) products needed to respond to pandemic influenza, including through— (1) dynamic management of antivirals; (2) vendor-managed inventory of testing equipment and supplies; (3) replenishment of aging antivirals, testing equipment, supplies, and other products; and (4) diversification of stockpiled products. (i) Monitoring and distributing influenza antiviral supplies \nThe Secretary of Health and Human Services shall— (1) monitor influenza antiviral supplies throughout the country and publicly report challenges in availability in any region, State, county, or metropolitan area; and (2) establish a process, to be used in the case of a pandemic or during times when influenza antiviral supply availability is challenged, to ensure rapid and effective distribution of products to areas of urgent need in close coordination with manufacturers, distributors, and State and local health officials. (j) Plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis, and diagnostics \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis influenza antibody products, and influenza diagnostics, including during times when availability is challenged in certain regions or localities, for— (A) high-risk patients, such as nursing home and pediatric patients; (B) high-exposure patients, such as first responders and health care workers; and (C) low-income individuals, individuals covered under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), uninsured individuals, Tribal communities, and other underserved populations. (2) Communications efforts \nThe plan required by paragraph (1) shall include communications efforts to educate the public about the benefits of early use of influenza diagnostics, therapeutics. and preexposure prophylaxis products. (k) GAO review on transferring COVID–19 technologies \n(1) In general \nNot later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the technology and systems utilized by the Centers for Disease Control and Prevention, the Administration for Strategic Preparedness and Response, Operation Warp Speed, the Countermeasure Acceleration Group, H–CORE, and other current and historical departments and agencies involved in the COVID–19 response for surveillance and tracking of COVID–19 cases, treatments, and vaccines, with particular focus on— (A) disease surveillance; (B) vaccine surveillance; and (C) vaccine effectiveness. (2) Scope \nThe review under paragraph (1) shall include— (A) assessment of which technology and systems can be applied to, or can be altered to apply to, influenza and other infectious diseases; and (B) formulation of recommendations for applying and altering technologies and systems as described in subparagraph (A). (3) Report by HHS to Congress \nNot later than 30 days after completion of the review required by paragraph (1), the Secretary of Health and Human Services shall submit a report to Congress on the timeline and actions necessary to implement the recommendations formulated under paragraph (2)(B).", "id": "H84F90EC317AD47E7A4BC2B081902131D", "header": "Increasing influenza vaccine, therapeutics, and testing access and coverage across all populations", "nested": [ { "text": "(a) Annual report on public communication strategy \nThe Director of the Centers for Disease Control and Prevention shall submit an annual report to Congress on the public communication strategy of the Centers to increase public confidence in the safety and effectiveness of vaccines.", "id": "HD5EA1C49489841C5B1A9941CA8542455", "header": "Annual report on public communication strategy", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Secretary of Defense, the Secretary of Veterans Affairs, the Administrator of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs should support research using large data sets from multiple sources of health data to further support and evaluate vaccine safety and effectiveness over multiple influenza seasons.", "id": "H39DFD4CA6DF44DE49A08F4AC76E4B5FE", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Addressing misinformation and disinformation \n(1) In general \nThe Secretary of Health and Human Services shall create partnerships to address misinformation and disinformation with respect to influenza vaccines. (2) Requirements \nThe partnerships under paragraph (1) shall— (A) build on lessons learned from COVID–19; and (B) allow for dissemination of best practices and lessons learned between partnering organizations. (3) Members \nThe members of the partnerships under paragraph (1) shall include representatives of organizations with experience working with vulnerable populations, including— (A) individuals with chronic health conditions; (B) older individuals; (C) parents of young children; (D) pregnant people; (E) Tribal communities; and (F) racial and ethnic minorities. (4) Conferring with partnering organizations \nThe Secretary of Health and Human Services shall confer with organizations represented in partnerships under paragraph (1)— (A) in advance of each seasonal influenza season, on messaging and communications; and (B) at the end of each seasonal influenza season, on best practices and lessons learned. (5) Report to Congress \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall report to Congress on the partnerships created, and activities conducted, under this section.", "id": "HF632B59F4ADF428E8A833B2A072AE0C9", "header": "Addressing misinformation and disinformation", "nested": [], "links": [] }, { "text": "(d) Communications public-Private partnership \n(1) In general \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall implement a targeted demonstration project that provides for the establishment of a communications public-private partnership initiative for increasing vaccine confidence. (2) Requirements \nThe demonstration project under paragraph (1) shall— (A) be implemented through an independent, nongovernmental, nonprofit entity; (B) focus on individuals with chronic illness or other comorbidities who tend to have worse clinical outcomes from influenza (such as individuals with heart disease or diabetes, and racial and ethnic minorities); (C) support behavioral research around sources of vaccine hesitancy; and (D) develop and implement a targeted, multimodal communications campaign, using internet platforms, television, and nontraditional targeted social media and community outreach in an effort to reach individuals who may be especially vaccine hesitant. (3) Report \nNot later than 6 months after completion of the demonstration project under paragraph (1), the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project, including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services.", "id": "H8230352D442C4427BFE5FF10FB63DE17", "header": "Communications public-Private partnership", "nested": [], "links": [] }, { "text": "(e) Incorporating health equity into seasonal and pandemic influenza planning and response \nThe Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response shall— (1) incorporate health equity into the seasonal and pandemic influenza planning and response programs overseen by such officials; and (2) in so doing— (A) emphasize the inclusion of all populations; and (B) include strategies to reach communities of color, communities with lower socioeconomic status, seniors, and individuals with disabilities, including addressing barriers to vaccinations, therapeutics, and diagnostics in the point-of-care and at-home self-testing settings.", "id": "HDFDBE48E647A43FCAFC54672644C189A", "header": "Incorporating health equity into seasonal and pandemic influenza planning and response", "nested": [], "links": [] }, { "text": "(f) Expanding access to influenza treatment and adopting lessons learned from COVID–19 Federal Retail Pharmacy Program \n(1) Report \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on lessons learned from the COVID–19 Federal Retail Pharmacy Program, including aspects of the program that could be applied with respect to multianalyte tests that target COVID–19 as well as influenza and other upper respiratory viruses. (2) Demonstration project \n(A) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall initiate an influenza test-to-treat demonstration project that builds on the test-to-treat model employed for COVID–19. (B) Length; locations \nThis demonstration project under subparagraph (A) shall run for the length of one seasonal influenza season and be based in one or more of the following locations: (i) Facilities that serve vulnerable populations, such as populations who are in long-term care facilities, are 65 years of age or older, may have other medical conditions, and will be in unavoidable close contact with others. (ii) Federal health care facilities that serve at-risk and vulnerable communities, such as Indian Health Service clinics, Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), and facilities of the Department of Veterans Affairs. (iii) Existing COVID–19 test-to-treat sites at retail pharmacies, potentially in specific geographic areas with historically high mortality from influenza. (iv) Other appropriate locations identified by the Secretary of Health and Human Services, in consultation with external stakeholder organizations, to test the operational feasibility and impact of influenza test-to-treat programs. (3) Report \nNot later than 6 months after completion of the demonstration project under paragraph (2), the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project under paragraph (2), including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services.", "id": "HDBF4D656C79544419F536797BCFB1FB5", "header": "Expanding access to influenza treatment and adopting lessons learned from COVID–19 Federal Retail Pharmacy Program", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(g) Creating administration pathways \nThe Secretary of Health and Human Services may award grants to States to create administration pathways for pharmacy personnel to administer influenza vaccines, tests, and therapeutics, in order to increase vaccination, testing, and relevant treatment as needed for adults and children.", "id": "H0ED6191EDEA84047B381E3299ED302B7", "header": "Creating administration pathways", "nested": [], "links": [] }, { "text": "(h) Strategic National Stockpile \nThe Secretary of Health and Human Services shall incorporate into the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) products needed to respond to pandemic influenza, including through— (1) dynamic management of antivirals; (2) vendor-managed inventory of testing equipment and supplies; (3) replenishment of aging antivirals, testing equipment, supplies, and other products; and (4) diversification of stockpiled products.", "id": "HBA663A1E342241FFBC10D38D98703696", "header": "Strategic National Stockpile", "nested": [], "links": [ { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" } ] }, { "text": "(i) Monitoring and distributing influenza antiviral supplies \nThe Secretary of Health and Human Services shall— (1) monitor influenza antiviral supplies throughout the country and publicly report challenges in availability in any region, State, county, or metropolitan area; and (2) establish a process, to be used in the case of a pandemic or during times when influenza antiviral supply availability is challenged, to ensure rapid and effective distribution of products to areas of urgent need in close coordination with manufacturers, distributors, and State and local health officials.", "id": "H13ED43E27D8B4ED381D7AF6472533182", "header": "Monitoring and distributing influenza antiviral supplies", "nested": [], "links": [] }, { "text": "(j) Plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis, and diagnostics \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis influenza antibody products, and influenza diagnostics, including during times when availability is challenged in certain regions or localities, for— (A) high-risk patients, such as nursing home and pediatric patients; (B) high-exposure patients, such as first responders and health care workers; and (C) low-income individuals, individuals covered under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), uninsured individuals, Tribal communities, and other underserved populations. (2) Communications efforts \nThe plan required by paragraph (1) shall include communications efforts to educate the public about the benefits of early use of influenza diagnostics, therapeutics. and preexposure prophylaxis products.", "id": "HDDE501B23791443E86B41CAF3895E49C", "header": "Plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis, and diagnostics", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(k) GAO review on transferring COVID–19 technologies \n(1) In general \nNot later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the technology and systems utilized by the Centers for Disease Control and Prevention, the Administration for Strategic Preparedness and Response, Operation Warp Speed, the Countermeasure Acceleration Group, H–CORE, and other current and historical departments and agencies involved in the COVID–19 response for surveillance and tracking of COVID–19 cases, treatments, and vaccines, with particular focus on— (A) disease surveillance; (B) vaccine surveillance; and (C) vaccine effectiveness. (2) Scope \nThe review under paragraph (1) shall include— (A) assessment of which technology and systems can be applied to, or can be altered to apply to, influenza and other infectious diseases; and (B) formulation of recommendations for applying and altering technologies and systems as described in subparagraph (A). (3) Report by HHS to Congress \nNot later than 30 days after completion of the review required by paragraph (1), the Secretary of Health and Human Services shall submit a report to Congress on the timeline and actions necessary to implement the recommendations formulated under paragraph (2)(B).", "id": "H1C8A6D6DF7964544A8FEAE7678C258CA", "header": "GAO review on transferring COVID–19 technologies", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "6. Authorizing sustainable funding for the influenza ecosystem \n(a) Influenza Planning and Response Program \nThere is authorized to be appropriated $231,000,000 for fiscal year 2024 and each subsequent fiscal year for programs and activities of the Centers for Disease Control and Prevention relating to influenza planning and response. (b) Strategic National Stockpile \nThere is authorized to be appropriated $965,000,000 for fiscal year 2024 and each subsequent fiscal year for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ). (c) Hospital Preparedness Program \nThere is authorized to be appropriated $305,000,000 for fiscal year 2024 and each subsequent fiscal year for Hospital Preparedness Program of the Assistant Secretary for Preparedness and Response. (d) Universal Flu Vaccine Research \nThere is authorized to be appropriated $270,000,000 for fiscal year 2024 and each subsequent fiscal year for research of the National Institutes of Health to develop a universal flu vaccine. (e) Immunization Program \nThere is authorized to be appropriated $682,000,000 for fiscal year 2024 and each subsequent fiscal year for the immunization program of the Centers for Disease Control and Prevention under section 317 of the Public Health Service Act ( 42 U.S.C. 247b ). (f) Public Health Emergency Preparedness Program \nThere is authorized to be appropriated $735,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Emergency Preparedness Program of the Centers for Disease Control and Prevention. (g) Infectious Disease Rapid Response Reserve Fund \nThere is authorized to be appropriated $35,000,000 for fiscal year 2024 and each subsequent fiscal year for the Infectious Disease Rapid Response Reserve Fund of the Centers for Disease Control and Prevention. (h) Data Modernization Initiative \nThere is authorized to be appropriated $175,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Data Modernization Initiative of the Centers for Disease Control and Prevention.", "id": "HBFF8305366CE44C0871D22A73A49D54D", "header": "Authorizing sustainable funding for the influenza ecosystem", "nested": [ { "text": "(a) Influenza Planning and Response Program \nThere is authorized to be appropriated $231,000,000 for fiscal year 2024 and each subsequent fiscal year for programs and activities of the Centers for Disease Control and Prevention relating to influenza planning and response.", "id": "HABCD062A399B4C34B2EB7BCA1AB01992", "header": "Influenza Planning and Response Program", "nested": [], "links": [] }, { "text": "(b) Strategic National Stockpile \nThere is authorized to be appropriated $965,000,000 for fiscal year 2024 and each subsequent fiscal year for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ).", "id": "HF8607C1343BE4FBE85FC61173EBC6D4C", "header": "Strategic National Stockpile", "nested": [], "links": [ { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" } ] }, { "text": "(c) Hospital Preparedness Program \nThere is authorized to be appropriated $305,000,000 for fiscal year 2024 and each subsequent fiscal year for Hospital Preparedness Program of the Assistant Secretary for Preparedness and Response.", "id": "HAFC0EC689620451AA61FE6F4F52B47E3", "header": "Hospital Preparedness Program", "nested": [], "links": [] }, { "text": "(d) Universal Flu Vaccine Research \nThere is authorized to be appropriated $270,000,000 for fiscal year 2024 and each subsequent fiscal year for research of the National Institutes of Health to develop a universal flu vaccine.", "id": "H50CA25188C5349EBAE2CCE7C9C55CD80", "header": "Universal Flu Vaccine Research", "nested": [], "links": [] }, { "text": "(e) Immunization Program \nThere is authorized to be appropriated $682,000,000 for fiscal year 2024 and each subsequent fiscal year for the immunization program of the Centers for Disease Control and Prevention under section 317 of the Public Health Service Act ( 42 U.S.C. 247b ).", "id": "HA884DF6B8A184ED38C9A230284151F8B", "header": "Immunization Program", "nested": [], "links": [ { "text": "42 U.S.C. 247b", "legal-doc": "usc", "parsable-cite": "usc/42/247b" } ] }, { "text": "(f) Public Health Emergency Preparedness Program \nThere is authorized to be appropriated $735,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Emergency Preparedness Program of the Centers for Disease Control and Prevention.", "id": "HD11FC70CBB984A649289973469564856", "header": "Public Health Emergency Preparedness Program", "nested": [], "links": [] }, { "text": "(g) Infectious Disease Rapid Response Reserve Fund \nThere is authorized to be appropriated $35,000,000 for fiscal year 2024 and each subsequent fiscal year for the Infectious Disease Rapid Response Reserve Fund of the Centers for Disease Control and Prevention.", "id": "H582FA90D43394174A1D048AB43930E5B", "header": "Infectious Disease Rapid Response Reserve Fund", "nested": [], "links": [] }, { "text": "(h) Data Modernization Initiative \nThere is authorized to be appropriated $175,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Data Modernization Initiative of the Centers for Disease Control and Prevention.", "id": "HC5EBCA824D1A4471AA5E3D8FF4DFFE9D", "header": "Data Modernization Initiative", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" }, { "text": "42 U.S.C. 247b", "legal-doc": "usc", "parsable-cite": "usc/42/247b" } ] } ]

[ "Advanced technology and technological innovations", "Budget process", "Cardiovascular and respiratory health", "Congressional oversight", "Drug safety, medical device, and laboratory regulation", "Drug therapy", "Emergency planning and evacuation", "Government information and archives", "Government studies and investigations", "Health care coverage and access", "Health information and medical records", "Health programs administration and funding", "Health technology, devices, supplies", "Hospital care", "Immunology and vaccination", "Infectious and parasitic diseases", "Manufacturing", "Medical research", "Medical tests and diagnostic methods", "Prescription drugs", "Public-private cooperation", "Research administration and funding", "Research and development", "Strategic materials and reserves" ]

[ { "text": "1. Short title \nThis Act may be cited as the Service Contract Modernization Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Socioeconomic labor threshold \n(a) In general \nFor purposes of this Act, the socioeconomic labor threshold is— (1) for the period beginning on the date of enactment of this Act and ending on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(1); and (2) for each 1-year period beginning on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(2). (b) Inflation adjustments \n(1) Initial period \nThe amount determined under this paragraph for the period described in subsection (a)(1) shall be $2,500 as— (A) increased by the percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, comparing— (i) such Consumer Price Index for October of 1965; and (ii) such Consumer Price Index for the most recent month as of the date of enactment of this Act for which such Consumer Price Index is available; and (B) (if applicable), rounded to the nearest multiple of $100. (2) Subsequent periods \n(A) In general \nThe amount determined under this paragraph for the applicable period described in subsection (a)(2) shall be the amount in effect on the date of such determination as— (i) increased (if applicable) from such amount by the annual percentage increase, if any, in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, from the preceding year as calculated in accordance with subparagraph (B); and (ii) (if applicable) rounded to the nearest multiple of $100. (B) Consumer Price Index \nIn making the determination under subparagraph (A) and calculating the percentage increase in the Consumer Price Index for All Urban Consumers under subparagraph (A)(i), the Secretary of Labor shall compare the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the calendar year in which such determination is made with the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the preceding calendar year. (C) Rule of construction \nWith respect to a determination under subparagraph (A) of the amount in effect under this paragraph for an applicable period under subsection (a)(2), if there is not an annual percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average) from the preceding year as described in subparagraph (A)(i), the amount in effect under this subsection for such applicable period shall be the amount in effect under subsection (a) on the date of such determination.", "id": "id20C643ED2C5B498A819011031F39A1F9", "header": "Socioeconomic labor threshold", "nested": [ { "text": "(a) In general \nFor purposes of this Act, the socioeconomic labor threshold is— (1) for the period beginning on the date of enactment of this Act and ending on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(1); and (2) for each 1-year period beginning on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(2).", "id": "id907CEE26372F4D098E6CFF76A360BE1B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Inflation adjustments \n(1) Initial period \nThe amount determined under this paragraph for the period described in subsection (a)(1) shall be $2,500 as— (A) increased by the percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, comparing— (i) such Consumer Price Index for October of 1965; and (ii) such Consumer Price Index for the most recent month as of the date of enactment of this Act for which such Consumer Price Index is available; and (B) (if applicable), rounded to the nearest multiple of $100. (2) Subsequent periods \n(A) In general \nThe amount determined under this paragraph for the applicable period described in subsection (a)(2) shall be the amount in effect on the date of such determination as— (i) increased (if applicable) from such amount by the annual percentage increase, if any, in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, from the preceding year as calculated in accordance with subparagraph (B); and (ii) (if applicable) rounded to the nearest multiple of $100. (B) Consumer Price Index \nIn making the determination under subparagraph (A) and calculating the percentage increase in the Consumer Price Index for All Urban Consumers under subparagraph (A)(i), the Secretary of Labor shall compare the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the calendar year in which such determination is made with the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the preceding calendar year. (C) Rule of construction \nWith respect to a determination under subparagraph (A) of the amount in effect under this paragraph for an applicable period under subsection (a)(2), if there is not an annual percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average) from the preceding year as described in subparagraph (A)(i), the amount in effect under this subsection for such applicable period shall be the amount in effect under subsection (a) on the date of such determination.", "id": "idAD884D58FA404564BDDC299E950A5B16", "header": "Inflation adjustments", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Amendments to the McNamara-O'Hara Service Contract Act \n(a) Definition \nSection 6701 of title 41, United States Code, is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Socioeconomic labor threshold \nThe term socioeconomic labor threshold means the socioeconomic labor threshold established under section 2 of the Service Contract Modernization Act.. (b) Applicability threshold \nSection 6702(a)(2) of title 41, United States Code, is amended to read as follows: (2) involves an amount exceeding— (A) for contracts and bid specifications made prior to the date of enactment of the Service Contract Modernization Act , $2,500; and (B) for contracts and bid specifications made on or after such date of enactment, the socioeconomic labor threshold..", "id": "id2015E3DBDDED45A680FBDFE9A80BD1D4", "header": "Amendments to the McNamara-O'Hara Service Contract Act", "nested": [ { "text": "(a) Definition \nSection 6701 of title 41, United States Code, is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Socioeconomic labor threshold \nThe term socioeconomic labor threshold means the socioeconomic labor threshold established under section 2 of the Service Contract Modernization Act..", "id": "id5F02DAC8A37F47878461287F515C5682", "header": "Definition", "nested": [], "links": [] }, { "text": "(b) Applicability threshold \nSection 6702(a)(2) of title 41, United States Code, is amended to read as follows: (2) involves an amount exceeding— (A) for contracts and bid specifications made prior to the date of enactment of the Service Contract Modernization Act , $2,500; and (B) for contracts and bid specifications made on or after such date of enactment, the socioeconomic labor threshold..", "id": "id4150595230FE48F79CD20E64E600BE21", "header": "Applicability threshold", "nested": [], "links": [] } ], "links": [] } ]

[ "Employee benefits and pensions", "Inflation and prices", "Public contracts and procurement", "Wages and earnings" ]

[ { "text": "1. Short title \nThis Act may be cited as the Legacy IT Reduction Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of General Services. (2) Agency \nThe term agency means an agency described in paragraph (1) or (2) of section 901(b) of title 31, United States Code. (3) Chief information officer \nThe term Chief Information Officer means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. (4) Comptroller general \nThe term Comptroller General means the Comptroller General of the United States. (5) Congressional oversight committee \nThe term congressional oversight committee means, with respect to a particular agency, a committee or subcommittee of the Senate and the House of Representatives that provides oversight of the agency. (6) Director \nThe term Director means the Director of the Office of Management and Budget. (7) Information technology \nThe term information technology has the meaning given the term in section 11101 of title 40, United States Code. (8) IT working capital fund; legacy information technology system \nThe terms IT working capital fund and legacy information technology system have the meaning given the terms in section 1076 of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note; Public Law 115–91 ). (9) National security system \nThe term national security system has the meaning given the term in section 11103 of title 40, United States Code. (10) Technology Modernization Fund \nThe term Technology Modernization Fund means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note; Public Law 115–91 ).", "id": "idB638C7C8B4E04857A7138870837ED7DA", "header": "Definitions", "nested": [], "links": [ { "text": "40 U.S.C. 11301", "legal-doc": "usc", "parsable-cite": "usc/40/11301" }, { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" }, { "text": "40 U.S.C. 11301", "legal-doc": "usc", "parsable-cite": "usc/40/11301" }, { "text": "Public Law 115–91", "legal-doc": "public-law", "parsable-cite": "pl/115/91" } ] }, { "text": "3. Legacy information technology system inventory \n(a) Inventory of legacy information technology systems \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and not later than 5 years thereafter, the Chief Information Officer of each agency shall compile an inventory that lists each legacy information technology system used, operated, or maintained by the agency. (2) Contents \nThe Director shall issue guidance prescribing the information that the Chief Information Officer of each agency shall include for each legacy technology information system listed in the inventory required under paragraph (1). In issuing such guidance, the Director shall consider including for each legacy technology information system listed in the inventory— (A) the name or an identification of the legacy information technology system; (B) the office or mission of the agency that the legacy information technology system supports and how the office or mission uses the legacy information technology system; (C) to the extent that information is available— (i) the date of the last update or refresh of the legacy information technology system; (ii) the annual price, including recurring subscription costs and any costs to contract labor, to operate or maintain the legacy information technology system; and (iii) the name and contact information of the vendor; and (D) the date of the next expected update or modernization, retirement, or disposal of the legacy information technology system. (b) Transparency and accountability \n(1) In general \nUpon request by a House of Congress, a congressional oversight committee of an agency, the Comptroller General of the United States, or an inspector general of an agency, the head of the agency shall make available the inventory compiled under subsection (a)(1) or the relevant portion of that inventory. (2) Reporting \nThe Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director.", "id": "id36FABABF0C214AA5B4A608E4C30E4DE3", "header": "Legacy information technology system inventory", "nested": [ { "text": "(a) Inventory of legacy information technology systems \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and not later than 5 years thereafter, the Chief Information Officer of each agency shall compile an inventory that lists each legacy information technology system used, operated, or maintained by the agency. (2) Contents \nThe Director shall issue guidance prescribing the information that the Chief Information Officer of each agency shall include for each legacy technology information system listed in the inventory required under paragraph (1). In issuing such guidance, the Director shall consider including for each legacy technology information system listed in the inventory— (A) the name or an identification of the legacy information technology system; (B) the office or mission of the agency that the legacy information technology system supports and how the office or mission uses the legacy information technology system; (C) to the extent that information is available— (i) the date of the last update or refresh of the legacy information technology system; (ii) the annual price, including recurring subscription costs and any costs to contract labor, to operate or maintain the legacy information technology system; and (iii) the name and contact information of the vendor; and (D) the date of the next expected update or modernization, retirement, or disposal of the legacy information technology system.", "id": "id3690C19F39FD46DEBFBBF54AB2B95CD0", "header": "Inventory of legacy information technology systems", "nested": [], "links": [] }, { "text": "(b) Transparency and accountability \n(1) In general \nUpon request by a House of Congress, a congressional oversight committee of an agency, the Comptroller General of the United States, or an inspector general of an agency, the head of the agency shall make available the inventory compiled under subsection (a)(1) or the relevant portion of that inventory. (2) Reporting \nThe Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director.", "id": "id4aa8b87d7e0e4caa9f42a24116815d0e", "header": "Transparency and accountability", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Agency legacy information technology systems modernization plans \n(a) In general \nNot later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (b) Contents \nA modernization plan of an agency developed under subsection (a) shall include— (1) an inventory of the legacy information technology systems of the agency; (2) an identification of legacy information technology systems that the agency has prioritized for updates, modernization, retirement, or disposal; (3) steps the agency intends to make toward updating, modernizing, retiring, or disposing of the legacy information technology systems of the agency prioritized under paragraph (2) during the 5-year period beginning on the date of submission of the plan; and (4) any additional information that the Director determines necessary or useful for the agency to consider or include to effectively and efficiently execute the modernization plan, which may include— (A) the capacity of the agency to operate and maintain an updated or modernized legacy information technology system; (B) the estimated cost and sources of funding required to execute the modernization plan; and (C) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary. (c) Publication and submission to Congress \nNot later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and each congressional oversight committee of the agency.", "id": "idF736F289ED0046019E900BA0E1A3A6C9", "header": "Agency legacy information technology systems modernization plans", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency.", "id": "idE2EA3EB356634A82998A56E49E4311E1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nA modernization plan of an agency developed under subsection (a) shall include— (1) an inventory of the legacy information technology systems of the agency; (2) an identification of legacy information technology systems that the agency has prioritized for updates, modernization, retirement, or disposal; (3) steps the agency intends to make toward updating, modernizing, retiring, or disposing of the legacy information technology systems of the agency prioritized under paragraph (2) during the 5-year period beginning on the date of submission of the plan; and (4) any additional information that the Director determines necessary or useful for the agency to consider or include to effectively and efficiently execute the modernization plan, which may include— (A) the capacity of the agency to operate and maintain an updated or modernized legacy information technology system; (B) the estimated cost and sources of funding required to execute the modernization plan; and (C) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary.", "id": "idF214D6F0C6814C019AEC2EFB1225A208", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Publication and submission to Congress \nNot later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and each congressional oversight committee of the agency.", "id": "idE3A7CDB59A104C87987D05048E6F1ABF", "header": "Publication and submission to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Role of the Office of Management and Budget \nNot later than 180 days after the date of enactment of this Act, the Director, in coordination with the Administrator of the Office of Electronic Government, shall issue guidance on the implementation of this Act and the amendments made by this Act, which shall include— (1) criteria to determine whether information technology qualifies as a legacy information technology system for the purposes of compiling the inventory required under section 3(a)(1); (2) instructions and templates to inform the compilation of the inventory required under section 3(a)(1), as necessary; (3) instructions and templates to inform the compilation and publication of, and any subsequent updates to, the modernization plans required under section 4(a), as necessary; and (4) any other guidance determined necessary for the implementation of this Act or the amendments made by this Act, including how the implementation of this Act or those amendments complements laws, regulations, and guidance relating to information technology modernization.", "id": "idAED1FE27D6D241F8855BF49694AD5944", "header": "Role of the Office of Management and Budget", "nested": [], "links": [] }, { "text": "6. Comptroller General review \n(a) In general \nNot later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on— (1) the implementation of this Act and the amendments made by this Act; and (2) how this Act and the amendments made by this Act function alongside other information technology modernization offices, policies, and programs, such as— (A) the Technology Modernization Fund and the IT working capital fund; (B) the Federal Risk and Authorization Management Program, the 18F program, and the 10X program of the General Services Administration; (C) programs and policies of the Office of Management and Budget, including the Office of Electronic Government and the United States Digital Service; and (D) any other office, policy, or program of the Federal Government determined relevant by the Comptroller General.", "id": "idEACB74221F4D45E88B5331C001D859F9", "header": "Comptroller General review", "nested": [ { "text": "(a) In general \nNot later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on— (1) the implementation of this Act and the amendments made by this Act; and (2) how this Act and the amendments made by this Act function alongside other information technology modernization offices, policies, and programs, such as— (A) the Technology Modernization Fund and the IT working capital fund; (B) the Federal Risk and Authorization Management Program, the 18F program, and the 10X program of the General Services Administration; (C) programs and policies of the Office of Management and Budget, including the Office of Electronic Government and the United States Digital Service; and (D) any other office, policy, or program of the Federal Government determined relevant by the Comptroller General.", "id": "id998feed1660e4601b2a9bb979dc8c643", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Protection of sensitive information; exemption of national security systems \n(a) In general \nNothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that— (1) is protected from disclosure under any other law; or (2) would compromise the security of any information technology system of the Federal Government. (b) Exemption \nNothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.", "id": "id3392f8dbe9a644f19b96f1809ac3b53a", "header": "Protection of sensitive information; exemption of national security systems", "nested": [ { "text": "(a) In general \nNothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that— (1) is protected from disclosure under any other law; or (2) would compromise the security of any information technology system of the Federal Government.", "id": "id8251969bde4b4c1389fb858847091509", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exemption \nNothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.", "id": "id5daa0ccb34074d8fa82f3fc698a18e26", "header": "Exemption", "nested": [], "links": [] } ], "links": [] } ]

[ "Computers and information technology", "Congressional oversight", "Government information and archives" ]

[ { "text": "1. Short title \nThis Act may be cited as the EEOC Transparency and Accountability Act.", "id": "H49D8066DCB3C414C87ED57C1FF0AE7D3", "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": "HD23D51EE981B434EBBF9686865965FBC", "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" } ] } ]

[ "Equal Employment Opportunity Commission (EEOC)", "Government ethics and transparency, public corruption", "Government information and archives", "Lawyers and legal services" ]

[ { "text": "1. Short title \nThis Act may be cited as the Gabriella Miller Kids First Research Act 2.0.", "id": "H5E368C0A12C646848D4E97716763220C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Transfer of funds to the Pediatric Research Initiative \nSection 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) is amended by adding at the end the following: (h) Transfer of amounts \n(1) In general \nExcept as provided under section 21F, the Secretary of the Treasury shall transfer to the Pediatric Research Initiative Fund described in section 9008(i)(2) of the Internal Revenue Code of 1986 (referred to in this subsection as the Fund ), an amount equal to the sum of all civil monetary sanctions, including penalties, disgorgement, and interest, recovered with respect to violations of this section and section 13(b)(2) from persons— (A) registered under subsection (b)(1) or (i)(1)(A)(i) of section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ); (B) registered under subsection (b)(2) or (i)(1)(A)(ii) of section 510 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360 ); (C) that produce, manufacture, sell, transport, or distribute dietary supplements (as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) )); or (D) that produce, manufacture, sell, transport, or distribute cosmetics (as defined in section 201(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(i) )). (2) Exception for funds to be paid to harmed investors \nParagraph (1) shall not apply to any monetary sanction collected by the Commission in any judicial or administrative action brought by the Commission under the securities laws that is added to a disgorgement fund or other fund under section 308 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7246 ). (3) Application \nAmounts transferred to the Fund under this subsection shall be— (A) transferred in the manner described in section 9601 of the Internal Revenue Code of 1986; and (B) available as described in section 9008(i)(2) of such Code..", "id": "H5A42AE1AC9864BA2A509E8ED63156497", "header": "Transfer of funds to the Pediatric Research Initiative", "nested": [], "links": [ { "text": "15 U.S.C. 78dd–1", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-1" }, { "text": "section 9008(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9008" }, { "text": "21 U.S.C. 360", "legal-doc": "usc", "parsable-cite": "usc/21/360" }, { "text": "21 U.S.C. 360", "legal-doc": "usc", "parsable-cite": "usc/21/360" }, { "text": "21 U.S.C. 321(ff)", "legal-doc": "usc", "parsable-cite": "usc/21/321" }, { "text": "21 U.S.C. 321(i)", "legal-doc": "usc", "parsable-cite": "usc/21/321" }, { "text": "15 U.S.C. 7246", "legal-doc": "usc", "parsable-cite": "usc/15/7246" }, { "text": "section 9601", "legal-doc": "usc", "parsable-cite": "usc/26/9601" } ] }, { "text": "3. Funding for the Pediatric Research Initiative \n(a) In general \nSection 402A(a)(2) of the Public Health Service Act ( 42 U.S.C. 282a(a)(2) ) is amended— (1) in the paragraph heading, by striking 10-year ; (2) by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives ; (3) by striking 10-Year ; and (4) by inserting before the period the following: , and amounts transferred into the Pediatric Research Initiative Fund under subsection (h) of section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ). (b) NIH Director \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives. (c) Use of amounts for initiative \nSection 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking 10-year.", "id": "H28E58412462A46BAA078A85EA9CA68FD", "header": "Funding for the Pediatric Research Initiative", "nested": [ { "text": "(a) In general \nSection 402A(a)(2) of the Public Health Service Act ( 42 U.S.C. 282a(a)(2) ) is amended— (1) in the paragraph heading, by striking 10-year ; (2) by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives ; (3) by striking 10-Year ; and (4) by inserting before the period the following: , and amounts transferred into the Pediatric Research Initiative Fund under subsection (h) of section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ).", "id": "H834FD9A4C063433989F2F87A62131690", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 282a(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/282a" }, { "text": "15 U.S.C. 78dd–1", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-1" } ] }, { "text": "(b) NIH Director \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives.", "id": "HD1F54A0F173A4351AA3FB8952D3A6467", "header": "NIH Director", "nested": [], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] }, { "text": "(c) Use of amounts for initiative \nSection 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking 10-year.", "id": "HE7A3FAFA3D5948D797C22EEE598C33F3", "header": "Use of amounts for initiative", "nested": [], "links": [ { "text": "Section 9008(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] } ], "links": [ { "text": "42 U.S.C. 282a(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/282a" }, { "text": "15 U.S.C. 78dd–1", "legal-doc": "usc", "parsable-cite": "usc/15/78dd-1" }, { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" }, { "text": "Section 9008(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] }, { "text": "4. Coordination of NIH funding for pediatric research \n(a) Sense of Congress \nIt is the sense of Congress that the Director of the National Institutes of Health should oversee and coordinate research that is conducted or supported by the National Institutes of Health for research on pediatric cancer and other pediatric diseases and conditions, including through the Pediatric Research Initiative Fund. (b) Avoiding duplication \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended— (1) by striking grants and inserting awards ; and (2) by inserting and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health before ; and.", "id": "H5791F6AD8E1F44D7ACD337F731E2B546", "header": "Coordination of NIH funding for pediatric research", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the Director of the National Institutes of Health should oversee and coordinate research that is conducted or supported by the National Institutes of Health for research on pediatric cancer and other pediatric diseases and conditions, including through the Pediatric Research Initiative Fund.", "id": "HD023DA39EE1942C2BC960F60E0DAEC72", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Avoiding duplication \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended— (1) by striking grants and inserting awards ; and (2) by inserting and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health before ; and.", "id": "HB7417B38246948588D9B5AB106438AE8", "header": "Avoiding duplication", "nested": [], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] } ], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] }, { "text": "5. Report on progress and investments in pediatric research \nNot later than 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall 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 a report that— (1) details pediatric research projects and initiatives receiving funds allocated pursuant to section 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ); and (2) summarizes advancements made in pediatric research with funds allocated pursuant to section 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ).", "id": "id0268ea9ce711438a878aa49744b9c6fc", "header": "Report on progress and investments in pediatric research", "nested": [], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" }, { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] }, { "text": "1. Short title \nThis Act may be cited as the Gabriella Miller Kids First Research Act 2.0.", "id": "id5a4b8d4c-98e6-4d24-abbd-784dfca98183", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Funding for the Pediatric Research Initiative \n(a) In general \nSection 402A(a)(2) of the Public Health Service Act ( 42 U.S.C. 282a(a)(2) ) is amended— (1) in the paragraph heading, by striking 10-year ; (2) by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives ; (3) by striking 10-Year ; and (4) by striking this section, $12,600,000 for each of fiscal years 2014 through 2023. and inserting “this section— (A) $12,600,000 for fiscal year 2024; (B) $15,100,000 for each of fiscal years 2025 and 2026; (C) $17,600,000 for each of fiscal years 2027 and 2028; (D) $20,100,000 for each of fiscal years 2029 and 2030; (E) $22,600,000 for each of fiscal years 2031 and 2032; and (F) $25,000,000 for fiscal year 2033.. (b) NIH Director \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives. (c) Use of amounts for initiative \nSection 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking 10-year.", "id": "id0c40e8c0-7e07-4d48-a2d7-a6543f628be1", "header": "Funding for the Pediatric Research Initiative", "nested": [ { "text": "(a) In general \nSection 402A(a)(2) of the Public Health Service Act ( 42 U.S.C. 282a(a)(2) ) is amended— (1) in the paragraph heading, by striking 10-year ; (2) by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives ; (3) by striking 10-Year ; and (4) by striking this section, $12,600,000 for each of fiscal years 2014 through 2023. and inserting “this section— (A) $12,600,000 for fiscal year 2024; (B) $15,100,000 for each of fiscal years 2025 and 2026; (C) $17,600,000 for each of fiscal years 2027 and 2028; (D) $20,100,000 for each of fiscal years 2029 and 2030; (E) $22,600,000 for each of fiscal years 2031 and 2032; and (F) $25,000,000 for fiscal year 2033..", "id": "id6707013b-3d8c-4e13-9b10-fd4a097cbcdf", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 282a(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/282a" } ] }, { "text": "(b) NIH Director \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives.", "id": "id579b7d8c-97ae-476e-bd47-1870a769ce36", "header": "NIH Director", "nested": [], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] }, { "text": "(c) Use of amounts for initiative \nSection 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking 10-year.", "id": "id4f484e82-04ba-46a1-9171-1d3ae68fb928", "header": "Use of amounts for initiative", "nested": [], "links": [ { "text": "Section 9008(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] } ], "links": [ { "text": "42 U.S.C. 282a(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/282a" }, { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" }, { "text": "Section 9008(i)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] }, { "text": "3. Coordination of NIH funding for pediatric research \n(a) Sense of Congress \nIt is the sense of Congress that the Director of the National Institutes of Health should oversee and coordinate research that is conducted or supported by the National Institutes of Health for research on pediatric cancer and other pediatric diseases and conditions, including through the Pediatric Research Initiative Fund. (b) Avoiding duplication \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended— (1) by striking grants and inserting awards ; and (2) by inserting and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health before ; and.", "id": "id71205191-f38f-4b16-a4f6-015b45e597db", "header": "Coordination of NIH funding for pediatric research", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the Director of the National Institutes of Health should oversee and coordinate research that is conducted or supported by the National Institutes of Health for research on pediatric cancer and other pediatric diseases and conditions, including through the Pediatric Research Initiative Fund.", "id": "idec96f964-d740-44cb-9d2b-2ac793b074b7", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Avoiding duplication \nSection 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ) is amended— (1) by striking grants and inserting awards ; and (2) by inserting and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health before ; and.", "id": "idb87cca59-85f3-4586-8932-a871931d5327", "header": "Avoiding duplication", "nested": [], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] } ], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] }, { "text": "4. Report on progress and investments in pediatric research \nNot later than 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall 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 a report that— (1) details pediatric research projects and initiatives receiving funds allocated pursuant to section 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ); and (2) summarizes advancements made in pediatric research with funds allocated pursuant to section 402(b)(7)(B)(ii) of the Public Health Service Act ( 42 U.S.C. 282(b)(7)(B)(ii) ).", "id": "id74a0c19a-0187-4e27-a0bd-731fb0f4a0b1", "header": "Report on progress and investments in pediatric research", "nested": [], "links": [ { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" }, { "text": "42 U.S.C. 282(b)(7)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/282" } ] } ]

[ "Cancer", "Child health", "Congressional oversight", "Government trust funds", "Medical research", "National Institutes of Health (NIH)", "Research administration and funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Liberty City Rising Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Safety standards for federally assisted housing in high-crime areas \n(a) Public housing \nSection 6(f)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f)(2) ) is amended— (1) by striking The Secretary shall and inserting the following: (A) Safe and habitable \nThe Secretary shall ; and (2) by adding at the end the following: (B) High-Crime areas \n(i) Definition \nIn this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Additional safety and security standards \nIn addition to the standards under subparagraph (A), the Secretary shall establish standards to ensure the safety and security of dwellings located in a high-crime area. (iii) Contents \nThe standards established under clause (ii)— (I) shall require a public housing agency to consider security measures that meet the specific needs of a property or building; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (iv) Anonymous hotline \nA public housing agency that operates a public housing project in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the public housing project is located.. (b) Project-Based assisted housing \n(1) In general \nSection 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) ) is amended by adding at the end the following: (P) Safety and security standards for high-crime areas \n(i) Definition \nIn this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Contract requirement \nAn assistance contract for project-based assistance entered into under this paragraph with respect to a structure shall require that the owner maintain the structure, if determined to be in a high-crime area, in a condition that complies with standards that meet or exceed the safety and security standards established under clause (iii). (iii) Safety and security standards \nThe Secretary shall establish standards to ensure the safety and security of structures located in a high-crime area. (iv) Contents \nThe standards established under clause (iii)— (I) shall require the owner of a structure that receives project-based assistance under this paragraph to consider security measures that meet the specific needs of the structure; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (v) Inspections \nWhen determining whether a dwelling unit that is in a high-crime area meets the housing quality standards under paragraph (8)(B), a public housing agency shall also determine whether the dwelling unit meets the standards established under this subparagraph. (vi) Anonymous hotline \nA public housing agency that provides project-based assistance under this paragraph with respect to a structure in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the structure is located.. (2) Conforming amendment \nSection 8(d)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(2) ) is amended by adding at the end the following: (E) (i) Subsection (o)(13)(P) (relating to safety and security standards for high-crime areas) shall apply to a contract for project-based assistance under this paragraph and to a public housing agency that enters into such a contract. (ii) When determining whether a structure assisted under this paragraph that is in a high-crime area, as defined in subsection (o)(13)(P), meets any applicable housing quality standards, a public housing agency shall also determine whether the structure meets the safety and security standards established under that subsection.. (c) Deadlines \n(1) Determination of high-crime areas \nNot later than 90 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall make an initial determination as to which areas of the United States are high-crime areas for purposes of sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. (2) Safety and security standards \nNot later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall establish the safety and security standards for public housing projects and other assisted structures located in high-crime areas required under sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section.", "id": "id5D9E2280B2F6411DAB690871920CF5D4", "header": "Safety standards for federally assisted housing in high-crime areas", "nested": [ { "text": "(a) Public housing \nSection 6(f)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f)(2) ) is amended— (1) by striking The Secretary shall and inserting the following: (A) Safe and habitable \nThe Secretary shall ; and (2) by adding at the end the following: (B) High-Crime areas \n(i) Definition \nIn this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Additional safety and security standards \nIn addition to the standards under subparagraph (A), the Secretary shall establish standards to ensure the safety and security of dwellings located in a high-crime area. (iii) Contents \nThe standards established under clause (ii)— (I) shall require a public housing agency to consider security measures that meet the specific needs of a property or building; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (iv) Anonymous hotline \nA public housing agency that operates a public housing project in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the public housing project is located..", "id": "idFFF8BE76425544A3B0FEC1D6BCD562E8", "header": "Public housing", "nested": [], "links": [ { "text": "42 U.S.C. 1437d(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1437d" } ] }, { "text": "(b) Project-Based assisted housing \n(1) In general \nSection 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) ) is amended by adding at the end the following: (P) Safety and security standards for high-crime areas \n(i) Definition \nIn this subparagraph, the term high-crime area means a neighborhood or other small geographic area that the Secretary determines has a high incidence of violent crime, based on the most recent violent crime data available from a State, unit of local government, or other source determined appropriate by the Secretary, that lists the types of crimes and number of offenses committed in the area. (ii) Contract requirement \nAn assistance contract for project-based assistance entered into under this paragraph with respect to a structure shall require that the owner maintain the structure, if determined to be in a high-crime area, in a condition that complies with standards that meet or exceed the safety and security standards established under clause (iii). (iii) Safety and security standards \nThe Secretary shall establish standards to ensure the safety and security of structures located in a high-crime area. (iv) Contents \nThe standards established under clause (iii)— (I) shall require the owner of a structure that receives project-based assistance under this paragraph to consider security measures that meet the specific needs of the structure; and (II) may include requirements related to security cameras, locks, lighting, or other security measures. (v) Inspections \nWhen determining whether a dwelling unit that is in a high-crime area meets the housing quality standards under paragraph (8)(B), a public housing agency shall also determine whether the dwelling unit meets the standards established under this subparagraph. (vi) Anonymous hotline \nA public housing agency that provides project-based assistance under this paragraph with respect to a structure in a high-crime area shall establish an anonymous hotline for tenants to report suspicious activity and crimes that occur in the community in which the structure is located.. (2) Conforming amendment \nSection 8(d)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(d)(2) ) is amended by adding at the end the following: (E) (i) Subsection (o)(13)(P) (relating to safety and security standards for high-crime areas) shall apply to a contract for project-based assistance under this paragraph and to a public housing agency that enters into such a contract. (ii) When determining whether a structure assisted under this paragraph that is in a high-crime area, as defined in subsection (o)(13)(P), meets any applicable housing quality standards, a public housing agency shall also determine whether the structure meets the safety and security standards established under that subsection..", "id": "id6F6E4A36FD4C424799A28DB0AADA8546", "header": "Project-Based assisted housing", "nested": [], "links": [ { "text": "42 U.S.C. 1437f(o)(13)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "(c) Deadlines \n(1) Determination of high-crime areas \nNot later than 90 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall make an initial determination as to which areas of the United States are high-crime areas for purposes of sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section. (2) Safety and security standards \nNot later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall establish the safety and security standards for public housing projects and other assisted structures located in high-crime areas required under sections 6(f)(2)(B), 8(d)(2)(E), and 8(o)(13)(P) of the United States Housing Act of 1937, as added by this section.", "id": "idC6E0BB0918FB4DA5902F02AC03B6E181", "header": "Deadlines", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1437d(f)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1437d" }, { "text": "42 U.S.C. 1437f(o)(13)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" }, { "text": "42 U.S.C. 1437f(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1437f" } ] }, { "text": "3. Grant priority for public housing projects in high-crime areas \nSection 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ) is amended by adding at the end the following: (4) Emergency Safety and Security funding priority for high-crime areas \nIn awarding grants for safety and security measures using amounts from the Capital Fund, the Secretary shall give priority to an application from a public housing agency that proposes to use the grant for a public housing project located in a high-crime area (as defined in section 6(f)(2)(B))..", "id": "idF3C029BF379B47878AB2D422378E34E8", "header": "Grant priority for public housing projects in high-crime areas", "nested": [], "links": [ { "text": "42 U.S.C. 1437g(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1437g" } ] } ]

[ "Crime prevention", "Housing and community development funding", "Housing industry and standards", "Low- and moderate-income housing", "Public housing", "Violent crime" ]

[ { "text": "1. Short title \nThis Act may be cited as the Women’s Business Centers Improvement Act of 2023.", "id": "H8824370FCDC24120BEE8BEAF07370777", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to Women’s Business Center Program \nSection 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended to read as follows: 29. Women’s Business Center Program \n(a) Definitions \nIn this section: (1) Assistant Administrator \nThe term Assistant Administrator means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (j). (2) Eligible entity \nThe term eligible entity means— (A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), unless the institution is receiving a grant under section 21; (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Relevant organizations \nThe term relevant organizations means— (A) organizations that advocate for or work with women entrepreneurs, women’s business ownership, or women’s business centers; and (B) other organizations as the Administrator determines appropriate. (4) Resource partners \nThe term resource partners means small business development centers, chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B), and Veteran Business Outreach Centers described in section 32. (5) Women’s business center \nThe term women’s business center means the location at which counseling and training on the management, operations (including manufacturing, services, and retail), access to capital, international trade, government procurement opportunities, and any other matter that is needed to start, maintain, or expand a small business concern owned and controlled by women. (6) Women’s Business Center Organization \nThe term Women’s Business Center Organization means a membership organization formed by women’s business centers to pursue matters of common concern. (b) Authority \n(1) Establishment \nThere is established a Women’s Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women’s business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds \nA women’s business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants \n(A) Initial grant \nThe amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants \n(i) In general \nThe Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation \nThere shall be no limitation on the number of continuation grants an eligible entity may receive under this section. (c) Application \n(1) Initial grants and continuation grants \nTo receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women’s business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women’s business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women’s business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention \n(A) In general \nThe Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction \nThe Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). (d) Selection of eligible entities \n(1) In general \nIn selecting recipients of initial grants, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women’s business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women’s business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women’s business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women’s Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria \n(A) Rulemaking \nThe Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application \nUnless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction \nNothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). (e) Matching requirements \n(1) In general \nSubject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds \nNot more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation \nNotwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women’s business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds \nThe Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds \n(A) In general \nIf an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant \nBefore approving the eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share \n(A) In general \nUpon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations \nIn determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation \nThe Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Women’s Business Center Program. (7) Excess non-Federal dollars \nThe amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Women’s Business Center Program; and (B) was not obtained by using funds granted under the Women’s Business Center Program. (8) Carryover \nAn eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. (f) Other requirements \n(1) Separation of funds \nAn eligible entity shall— (A) operate a women’s business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities \n(A) Required site visit \nBefore receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review \nAn employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems \n(A) Plan of action \nIf an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator \nNot later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action \nAn eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator \nNot later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination \n(i) In general \nIf the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation \nAny appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination \nThe Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act \nIf the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant \n(A) In general \nThe Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination \nAn eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action \nA determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. (5) Engagement with majority Women’s Business Center Organization, women's business centers, and other relevant organizations \nIf, on the date of enactment of the Women’s Business Centers Improvement Act of 2023 , a majority of women’s business centers that are operating pursuant to agreements with the Administration are members of an individual Women’s Business Center Organization, the Administrator shall— (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Women's Business Center Program, including general best practices in the operation of that Program and the development of regulations and financial examinations under that Program. (6) Enforcement \n(A) Grants \nThe Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women’s business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements \nThe Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). (g) Program examination \n(1) In general \nThe Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s business center operated by the eligible entity. (2) Conditions for continued funding \nIn determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women’s business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4). (h) Contract authority \n(1) Eligible entity \nAn eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator \n(A) In general \nThe authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action \nAfter the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. (i) Privacy requirements \n(1) In general \nA women’s business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information \nThis subsection shall not— (A) restrict the access of the Administration to women’s business center data; or (B) prevent the Administration from using information about individuals who use women’s business centers to conduct surveys of those individuals. (3) Regulations \nThe Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). (j) Office of Women’s Business Ownership \n(1) Establishment \nThere is established within the Administration an Office of Women’s Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women’s business enterprises, as defined in section 408 of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7108 ); and (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women’s Business Ownership \n(A) Qualification \nThe position of Assistant Administrator shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties \nThe Assistant Administrator shall administer the programs and services of the Office of Women’s Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office and eligible entities receiving a grant under the Women’s Business Center Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Women’s Business Center Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women’s Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise and as the liaison for the National Women’s Business Council. (3) Mission \nThe mission of the Office of Women’s Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women’s business centers throughout States and territories; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administrator to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program \n(A) Establishment \nNot later than 270 days after the date of enactment of the Women’s Business Centers Improvement Act of 2023 , the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. (B) Public comment; transition \nBefore publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority \nThe Administrator may provide financial support, by contract or otherwise, to a Women’s Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations \n(A) In general \nIn determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program. (B) Accreditation requirement \nOn and after the date that is 2 years after the date of enactment of the Women’s Business Centers Improvement Act of 2023 , the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to this subsection, except that the Assistant Administrator for the Office of Women’s Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. (6) Annual conference \n(A) In general \nEach women’s business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration \nThe Administrator shall collaborate with 1 or more Women’s Business Center Organizations, women’s business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the Women’s Business Center Program \nThe Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. (l) Annual management report \n(1) In general \nThe Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women’s business centers operated through a grant awarded under this section. (2) Information for report \nEach women’s business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents \nEach report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women’s business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Women's Business Center Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women’s business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women’s business centers. (m) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2024 through 2027. (2) Use of amounts \n(A) In general \nExcept as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2024, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions \nOf the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women’s Business Centers Improvement Act of 2023 and each fiscal year thereafter through fiscal year 2027, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. (C) Accreditation and annual conference \nOf the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition \nNotwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals..", "id": "HCFBF990C050F49A895789635A788B137", "header": "Amendments to Women’s Business Center Program", "nested": [], "links": [ { "text": "15 U.S.C. 656", "legal-doc": "usc", "parsable-cite": "usc/15/656" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/5" }, { "text": "15 U.S.C. 7108", "legal-doc": "usc", "parsable-cite": "usc/15/7108" } ] }, { "text": "29. Women’s Business Center Program \n(a) Definitions \nIn this section: (1) Assistant Administrator \nThe term Assistant Administrator means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (j). (2) Eligible entity \nThe term eligible entity means— (A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), unless the institution is receiving a grant under section 21; (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Relevant organizations \nThe term relevant organizations means— (A) organizations that advocate for or work with women entrepreneurs, women’s business ownership, or women’s business centers; and (B) other organizations as the Administrator determines appropriate. (4) Resource partners \nThe term resource partners means small business development centers, chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B), and Veteran Business Outreach Centers described in section 32. (5) Women’s business center \nThe term women’s business center means the location at which counseling and training on the management, operations (including manufacturing, services, and retail), access to capital, international trade, government procurement opportunities, and any other matter that is needed to start, maintain, or expand a small business concern owned and controlled by women. (6) Women’s Business Center Organization \nThe term Women’s Business Center Organization means a membership organization formed by women’s business centers to pursue matters of common concern. (b) Authority \n(1) Establishment \nThere is established a Women’s Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women’s business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds \nA women’s business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants \n(A) Initial grant \nThe amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants \n(i) In general \nThe Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation \nThere shall be no limitation on the number of continuation grants an eligible entity may receive under this section. (c) Application \n(1) Initial grants and continuation grants \nTo receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women’s business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women’s business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women’s business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention \n(A) In general \nThe Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction \nThe Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). (d) Selection of eligible entities \n(1) In general \nIn selecting recipients of initial grants, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women’s business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women’s business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women’s business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women’s Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria \n(A) Rulemaking \nThe Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application \nUnless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction \nNothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). (e) Matching requirements \n(1) In general \nSubject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds \nNot more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation \nNotwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women’s business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds \nThe Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds \n(A) In general \nIf an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant \nBefore approving the eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share \n(A) In general \nUpon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations \nIn determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation \nThe Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Women’s Business Center Program. (7) Excess non-Federal dollars \nThe amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Women’s Business Center Program; and (B) was not obtained by using funds granted under the Women’s Business Center Program. (8) Carryover \nAn eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. (f) Other requirements \n(1) Separation of funds \nAn eligible entity shall— (A) operate a women’s business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities \n(A) Required site visit \nBefore receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review \nAn employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems \n(A) Plan of action \nIf an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator \nNot later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action \nAn eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator \nNot later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination \n(i) In general \nIf the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation \nAny appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination \nThe Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act \nIf the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant \n(A) In general \nThe Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination \nAn eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action \nA determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. (5) Engagement with majority Women’s Business Center Organization, women's business centers, and other relevant organizations \nIf, on the date of enactment of the Women’s Business Centers Improvement Act of 2023 , a majority of women’s business centers that are operating pursuant to agreements with the Administration are members of an individual Women’s Business Center Organization, the Administrator shall— (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Women's Business Center Program, including general best practices in the operation of that Program and the development of regulations and financial examinations under that Program. (6) Enforcement \n(A) Grants \nThe Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women’s business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements \nThe Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). (g) Program examination \n(1) In general \nThe Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s business center operated by the eligible entity. (2) Conditions for continued funding \nIn determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women’s business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4). (h) Contract authority \n(1) Eligible entity \nAn eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator \n(A) In general \nThe authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action \nAfter the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. (i) Privacy requirements \n(1) In general \nA women’s business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information \nThis subsection shall not— (A) restrict the access of the Administration to women’s business center data; or (B) prevent the Administration from using information about individuals who use women’s business centers to conduct surveys of those individuals. (3) Regulations \nThe Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). (j) Office of Women’s Business Ownership \n(1) Establishment \nThere is established within the Administration an Office of Women’s Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women’s business enterprises, as defined in section 408 of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7108 ); and (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women’s Business Ownership \n(A) Qualification \nThe position of Assistant Administrator shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties \nThe Assistant Administrator shall administer the programs and services of the Office of Women’s Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office and eligible entities receiving a grant under the Women’s Business Center Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Women’s Business Center Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women’s Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise and as the liaison for the National Women’s Business Council. (3) Mission \nThe mission of the Office of Women’s Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women’s business centers throughout States and territories; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administrator to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program \n(A) Establishment \nNot later than 270 days after the date of enactment of the Women’s Business Centers Improvement Act of 2023 , the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. (B) Public comment; transition \nBefore publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority \nThe Administrator may provide financial support, by contract or otherwise, to a Women’s Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations \n(A) In general \nIn determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program. (B) Accreditation requirement \nOn and after the date that is 2 years after the date of enactment of the Women’s Business Centers Improvement Act of 2023 , the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to this subsection, except that the Assistant Administrator for the Office of Women’s Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. (6) Annual conference \n(A) In general \nEach women’s business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration \nThe Administrator shall collaborate with 1 or more Women’s Business Center Organizations, women’s business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the Women’s Business Center Program \nThe Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. (l) Annual management report \n(1) In general \nThe Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women’s business centers operated through a grant awarded under this section. (2) Information for report \nEach women’s business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents \nEach report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women’s business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Women's Business Center Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women’s business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women’s business centers. (m) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2024 through 2027. (2) Use of amounts \n(A) In general \nExcept as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2024, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions \nOf the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women’s Business Centers Improvement Act of 2023 and each fiscal year thereafter through fiscal year 2027, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. (C) Accreditation and annual conference \nOf the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition \nNotwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals.", "id": "H3FD46CAC830B479DAFAC73CD11146717", "header": "Women’s Business Center Program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Assistant Administrator \nThe term Assistant Administrator means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (j). (2) Eligible entity \nThe term eligible entity means— (A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), unless the institution is receiving a grant under section 21; (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Relevant organizations \nThe term relevant organizations means— (A) organizations that advocate for or work with women entrepreneurs, women’s business ownership, or women’s business centers; and (B) other organizations as the Administrator determines appropriate. (4) Resource partners \nThe term resource partners means small business development centers, chapters of the Service Corps of Retired Executives established under section 8(b)(1)(B), and Veteran Business Outreach Centers described in section 32. (5) Women’s business center \nThe term women’s business center means the location at which counseling and training on the management, operations (including manufacturing, services, and retail), access to capital, international trade, government procurement opportunities, and any other matter that is needed to start, maintain, or expand a small business concern owned and controlled by women. (6) Women’s Business Center Organization \nThe term Women’s Business Center Organization means a membership organization formed by women’s business centers to pursue matters of common concern.", "id": "H0FB80474CA5240B9B012EAB718E6A9F9", "header": "Definitions", "nested": [], "links": [ { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(b) Authority \n(1) Establishment \nThere is established a Women’s Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women’s business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds \nA women’s business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants \n(A) Initial grant \nThe amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants \n(i) In general \nThe Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation \nThere shall be no limitation on the number of continuation grants an eligible entity may receive under this section.", "id": "H569388F6763A443F8EEF505BD22324C6", "header": "Authority", "nested": [], "links": [] }, { "text": "(c) Application \n(1) Initial grants and continuation grants \nTo receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women’s business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women’s business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women’s business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention \n(A) In general \nThe Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction \nThe Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A).", "id": "H08C7AF6A177A4FF1AEB69B188AADAA35", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Selection of eligible entities \n(1) In general \nIn selecting recipients of initial grants, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women’s business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women’s business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women’s business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women’s Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria \n(A) Rulemaking \nThe Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application \nUnless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction \nNothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1).", "id": "H849B4FAC3E9F4EA299D597780CFFBC30", "header": "Selection of eligible entities", "nested": [], "links": [] }, { "text": "(e) Matching requirements \n(1) In general \nSubject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds \nNot more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation \nNotwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women’s business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds \nThe Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds \n(A) In general \nIf an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant \nBefore approving the eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share \n(A) In general \nUpon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations \nIn determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation \nThe Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Women’s Business Center Program. (7) Excess non-Federal dollars \nThe amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Women’s Business Center Program; and (B) was not obtained by using funds granted under the Women’s Business Center Program. (8) Carryover \nAn eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto.", "id": "HE1586ADFB68F444594E43232B6398F09", "header": "Matching requirements", "nested": [], "links": [] }, { "text": "(f) Other requirements \n(1) Separation of funds \nAn eligible entity shall— (A) operate a women’s business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities \n(A) Required site visit \nBefore receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review \nAn employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems \n(A) Plan of action \nIf an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator \nNot later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action \nAn eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator \nNot later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination \n(i) In general \nIf the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation \nAny appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination \nThe Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act \nIf the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant \n(A) In general \nThe Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination \nAn eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action \nA determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 of title 5, United States Code. (5) Engagement with majority Women’s Business Center Organization, women's business centers, and other relevant organizations \nIf, on the date of enactment of the Women’s Business Centers Improvement Act of 2023 , a majority of women’s business centers that are operating pursuant to agreements with the Administration are members of an individual Women’s Business Center Organization, the Administrator shall— (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Women's Business Center Program, including general best practices in the operation of that Program and the development of regulations and financial examinations under that Program. (6) Enforcement \n(A) Grants \nThe Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women’s business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements \nThe Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii).", "id": "H4A926261FDCD4ACE8DB91FA713380C3E", "header": "Other requirements", "nested": [], "links": [ { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" } ] }, { "text": "(g) Program examination \n(1) In general \nThe Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s business center operated by the eligible entity. (2) Conditions for continued funding \nIn determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women’s business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4).", "id": "HC05D05B9C2DD45EB88751239538B4CF0", "header": "Program examination", "nested": [], "links": [] }, { "text": "(h) Contract authority \n(1) Eligible entity \nAn eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator \n(A) In general \nThe authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action \nAfter the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code.", "id": "H4909810604074825858160AC864C4082", "header": "Contract authority", "nested": [], "links": [ { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/5" } ] }, { "text": "(i) Privacy requirements \n(1) In general \nA women’s business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information \nThis subsection shall not— (A) restrict the access of the Administration to women’s business center data; or (B) prevent the Administration from using information about individuals who use women’s business centers to conduct surveys of those individuals. (3) Regulations \nThe Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B).", "id": "H7E189EAF8F27436B929C88DB9AFEC99D", "header": "Privacy requirements", "nested": [], "links": [] }, { "text": "(j) Office of Women’s Business Ownership \n(1) Establishment \nThere is established within the Administration an Office of Women’s Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women’s business enterprises, as defined in section 408 of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7108 ); and (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women’s Business Ownership \n(A) Qualification \nThe position of Assistant Administrator shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties \nThe Assistant Administrator shall administer the programs and services of the Office of Women’s Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office and eligible entities receiving a grant under the Women’s Business Center Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Women’s Business Center Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women’s Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise and as the liaison for the National Women’s Business Council. (3) Mission \nThe mission of the Office of Women’s Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women’s business centers throughout States and territories; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administrator to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program \n(A) Establishment \nNot later than 270 days after the date of enactment of the Women’s Business Centers Improvement Act of 2023 , the Administrator shall publish standards for a program to accredit eligible entities that receive a grant under this section. (B) Public comment; transition \nBefore publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority \nThe Administrator may provide financial support, by contract or otherwise, to a Women’s Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations \n(A) In general \nIn determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program. (B) Accreditation requirement \nOn and after the date that is 2 years after the date of enactment of the Women’s Business Centers Improvement Act of 2023 , the Administration may not award a continuation grant under this section unless the applicable eligible entity has been approved under the accreditation program conducted pursuant to this subsection, except that the Assistant Administrator for the Office of Women’s Business Ownership may waive the accreditation requirement, in the discretion of the Assistant Administrator, upon a showing that the eligible entity is making a good faith effort to obtain accreditation. (6) Annual conference \n(A) In general \nEach women’s business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration \nThe Administrator shall collaborate with 1 or more Women’s Business Center Organizations, women’s business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A).", "id": "HC46A6046B0CA45AEBDF9A2DC69A4961B", "header": "Office of Women’s Business Ownership", "nested": [], "links": [ { "text": "15 U.S.C. 7108", "legal-doc": "usc", "parsable-cite": "usc/15/7108" } ] }, { "text": "(k) Notification requirements under the Women’s Business Center Program \nThe Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation.", "id": "HCBFC4D2FCB24472E81E66432339C7B60", "header": "Notification requirements under the Women’s Business Center Program", "nested": [], "links": [] }, { "text": "(l) Annual management report \n(1) In general \nThe Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women’s business centers operated through a grant awarded under this section. (2) Information for report \nEach women’s business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents \nEach report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women’s business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Women's Business Center Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women’s business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women’s business centers.", "id": "H6DA7D902DD0440718BB60575DF46F995", "header": "Annual management report", "nested": [], "links": [] }, { "text": "(m) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2024 through 2027. (2) Use of amounts \n(A) In general \nExcept as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2024, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions \nOf the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women’s Business Centers Improvement Act of 2023 and each fiscal year thereafter through fiscal year 2027, 2.6 percent shall be available for costs incurred by the Administration in connection with the management and administration of the program under this section. (C) Accreditation and annual conference \nOf the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition \nNotwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals.", "id": "H4C49C684F4984D3A9075B4154BDFB679", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/5" }, { "text": "15 U.S.C. 7108", "legal-doc": "usc", "parsable-cite": "usc/15/7108" } ] }, { "text": "3. Effect on existing grants \n(a) Terms and conditions \nA nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) ), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a continuation of the grant under section 29(m)(5) of the Small Business Act ( 15 U.S.C. 656(m)(5) ), as in effect on the day before the date of enactment of this Act. (b) Length of continuation grant \nThe Administrator of the Small Business Administration may award a grant under section 29 of the Small Business Act ( 15 U.S.C. 656 ), as amended by this Act, to a nonprofit organization receiving a grant under section (m) of such section 29, as in effect on the day before the date of enactment of this Act, for the period— (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act.", "id": "HFA9F93E7B69B4D64AAA4203F723B5286", "header": "Effect on existing grants", "nested": [ { "text": "(a) Terms and conditions \nA nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) ), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a continuation of the grant under section 29(m)(5) of the Small Business Act ( 15 U.S.C. 656(m)(5) ), as in effect on the day before the date of enactment of this Act.", "id": "H467D8BF897F741E4B9E3DCFA87A2E22B", "header": "Terms and conditions", "nested": [], "links": [ { "text": "15 U.S.C. 656(m)", "legal-doc": "usc", "parsable-cite": "usc/15/656" }, { "text": "15 U.S.C. 656(m)(5)", "legal-doc": "usc", "parsable-cite": "usc/15/656" } ] }, { "text": "(b) Length of continuation grant \nThe Administrator of the Small Business Administration may award a grant under section 29 of the Small Business Act ( 15 U.S.C. 656 ), as amended by this Act, to a nonprofit organization receiving a grant under section (m) of such section 29, as in effect on the day before the date of enactment of this Act, for the period— (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act.", "id": "HC9C02E85777341C9B15605621A54DF52", "header": "Length of continuation grant", "nested": [], "links": [ { "text": "15 U.S.C. 656", "legal-doc": "usc", "parsable-cite": "usc/15/656" } ] } ], "links": [ { "text": "15 U.S.C. 656(m)", "legal-doc": "usc", "parsable-cite": "usc/15/656" }, { "text": "15 U.S.C. 656(m)(5)", "legal-doc": "usc", "parsable-cite": "usc/15/656" }, { "text": "15 U.S.C. 656", "legal-doc": "usc", "parsable-cite": "usc/15/656" } ] }, { "text": "4. Regulations \nNot later than 270 days after the date of enactment of this Act, the Administrator of Small Business Administration shall issue rules as are necessary to carry out section 29 of the Small Business Act ( 15 U.S.C. 656 ), as amended by this Act, and ensure that a period of public comment for those rules is not less than 60 days.", "id": "H03EFE2F85BD3487AA73CC1D8B7D0F8CB", "header": "Regulations", "nested": [], "links": [ { "text": "15 U.S.C. 656", "legal-doc": "usc", "parsable-cite": "usc/15/656" } ] } ]

[ "Business education", "Government information and archives", "Small Business Administration", "Small business", "Women in business" ]

[ { "text": "1. Short title \nThis Act may be cited as the SCORE for Small Business Act of 2023.", "id": "H7DD69330580C4442B79A54EABB7FFC08", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Administration; Administrator \nThe terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively. (2) SCORE Association; SCORE Program \nThe terms SCORE Association and SCORE program have the meanings given those terms in subsection (gg) of section 3 of the Small Business Act ( 15 U.S.C. 632 ), as added by section 6 of this Act. (3) Small business concern \nThe term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "H8464BF8C4D33496BA95E08C4B4A4FFC0", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "3. SCORE Program provisions and requirements \nSection 8 of the Small Business Act ( 15 U.S.C. 637 ) is amended— (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) and inserting the SCORE program ; and (B) by striking SCORE may and inserting the SCORE Association may ; and (2) by striking subsection (c) and inserting the following: (c) SCORE program \n(1) Cooperative agreement \nThe Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties \nThe Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties \nThe SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties \nThe Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component \nIn addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting \nThe SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation \nThe SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements \nThe SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials \nThe SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements \n(A) In general \nNeither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information \nThis paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards \n(i) In general \nThe Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection \nThe standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report \nNot later than 180 days after the date of enactment of the SCORE for Small Business Act of 2023 and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the SCORE program, which may be included as part of another report submitted to those committees by the Administrator, and which shall include— (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which may include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) the number of referrals of SCORE program clients to other resources and programs of the Administration; (H) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (I) the number of new businesses started by SCORE program clients; (J) the percentage of new revenue growth realizing by businesses assisted by the SCORE program; (K) to the extent practicable, the number of jobs created with assistance from the SCORE program; (L) the total cost of the SCORE program; (M) any recommendations of the Administrator to improve the SCORE program; (N) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (O) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (P) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (Q) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (R) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (S) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator..", "id": "HE53CBB533FE04A5E869F930F6715373B", "header": "SCORE Program provisions and requirements", "nested": [], "links": [ { "text": "15 U.S.C. 637", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "4. Authorization of appropriations for the SCORE program \nSection 20 of the Small Business Act ( 15 U.S.C. 631 note) is amended by adding at the end the following: (i) SCORE program \nThere are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2024 and 2025..", "id": "H47B2D3DA078E4259A27FA7A9107D62B8", "header": "Authorization of appropriations for the SCORE program", "nested": [], "links": [ { "text": "15 U.S.C. 631", "legal-doc": "usc", "parsable-cite": "usc/15/631" } ] }, { "text": "5. Reporting requirements \n(a) Study and report on the future role of the SCORE program \n(1) Study \nThe SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report \nNot later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (b) Administrator report on leased space \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (c) Online component report \nNot later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ), as added by section 3 of this Act, including a description of— (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services.", "id": "H9D1AC3FCF07F45779AB56B6ED6216509", "header": "Reporting requirements", "nested": [ { "text": "(a) Study and report on the future role of the SCORE program \n(1) Study \nThe SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report \nNot later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels.", "id": "HCEF59C96EF804825813770B29E6CFD84", "header": "Study and report on the future role of the SCORE program", "nested": [], "links": [] }, { "text": "(b) Administrator report on leased space \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing an assessment of the cost of leased space that is donated to the SCORE Association.", "id": "H6F7D7E095E17493E82DA12B2583A1DE1", "header": "Administrator report on leased space", "nested": [], "links": [] }, { "text": "(c) Online component report \nNot later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ), as added by section 3 of this Act, including a description of— (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services.", "id": "H82157961E7A34E6692640BAF541F8F02", "header": "Online component report", "nested": [], "links": [ { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] } ], "links": [ { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" } ] }, { "text": "6. Technical and conforming amendments \n(a) Small Business Act \nThe Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 3 ( 15 U.S.C. 632 ), by adding at the end the following: (gg) SCORE program definitions \nIn this Act: (1) SCORE program \nThe term SCORE program means the Service Corps of Retired Executives program described in section 8(c). (2) SCORE Association \nThe term SCORE Association means the Service Corps of Retired Executives Association or any successor or other organization that enters into a cooperative agreement described in section 8(c)(1) with the Administrator to operate the SCORE program. (3) SCORE Foundation \nThe term SCORE Foundation means an organization with a mission to support the SCORE Association and volunteers of the SCORE program. ; (2) in section 7 ( 15 U.S.C. 636 )— (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score and inserting SCORE program ; and (ii) in subparagraph (A), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives and inserting SCORE program ; (3) in section 20(d)(1)(E) ( 15 U.S.C. 631 note), by striking Service Corps of Retired Executives program and inserting SCORE program ; and (4) in section 22 ( 15 U.S.C. 649 )— (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) and inserting SCORE program ; and (ii) in paragraph (3), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) and inserting SCORE program. (b) Other laws \n(1) Small Business Reauthorization Act of 1997 \nSection 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 note) is amended by striking Service Corps of Retired Executives (SCORE) program and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ). (2) Veterans Entrepreneurship and Small Business Development Act of 1999 \nSection 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) and in this section referred to as SCORE ) and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ) (in this section referred to as the SCORE program ) ; (ii) in paragraphs (1), (2), and (3), by striking SCORE each place the term appears and inserting the SCORE program ; and (iii) in paragraph (2), by striking the before establishing ; and (B) in subsection (b), by striking SCORE each place the term appears and inserting the SCORE program. (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 \nThe Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 note) is amended— (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives and inserting SCORE program. (4) Children’s Health Insurance Program Reauthorization Act of 2009 \nSection 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p ) is amended— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives and inserting SCORE program. (5) Energy Policy and Conservation Act \nSection 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) ) is amended by striking Service Corps of Retired Executives (SCORE) and inserting SCORE program.", "id": "H2EA6F04E00F749269FCCB8EAD4FB11E4", "header": "Technical and conforming amendments", "nested": [ { "text": "(a) Small Business Act \nThe Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 3 ( 15 U.S.C. 632 ), by adding at the end the following: (gg) SCORE program definitions \nIn this Act: (1) SCORE program \nThe term SCORE program means the Service Corps of Retired Executives program described in section 8(c). (2) SCORE Association \nThe term SCORE Association means the Service Corps of Retired Executives Association or any successor or other organization that enters into a cooperative agreement described in section 8(c)(1) with the Administrator to operate the SCORE program. (3) SCORE Foundation \nThe term SCORE Foundation means an organization with a mission to support the SCORE Association and volunteers of the SCORE program. ; (2) in section 7 ( 15 U.S.C. 636 )— (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score and inserting SCORE program ; and (ii) in subparagraph (A), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives and inserting SCORE program ; (3) in section 20(d)(1)(E) ( 15 U.S.C. 631 note), by striking Service Corps of Retired Executives program and inserting SCORE program ; and (4) in section 22 ( 15 U.S.C. 649 )— (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) and inserting SCORE program ; and (ii) in paragraph (3), by striking Service Corps of Retired Executives and inserting SCORE program ; and (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) and inserting SCORE program.", "id": "H78C76197CFE847309DFAFE320EFEB242", "header": "Small Business Act", "nested": [], "links": [ { "text": "15 U.S.C. 631 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/631" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 631", "legal-doc": "usc", "parsable-cite": "usc/15/631" }, { "text": "15 U.S.C. 649", "legal-doc": "usc", "parsable-cite": "usc/15/649" } ] }, { "text": "(b) Other laws \n(1) Small Business Reauthorization Act of 1997 \nSection 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 note) is amended by striking Service Corps of Retired Executives (SCORE) program and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ). (2) Veterans Entrepreneurship and Small Business Development Act of 1999 \nSection 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ) and in this section referred to as SCORE ) and inserting SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ) (in this section referred to as the SCORE program ) ; (ii) in paragraphs (1), (2), and (3), by striking SCORE each place the term appears and inserting the SCORE program ; and (iii) in paragraph (2), by striking the before establishing ; and (B) in subsection (b), by striking SCORE each place the term appears and inserting the SCORE program. (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 \nThe Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 note) is amended— (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives and inserting SCORE program. (4) Children’s Health Insurance Program Reauthorization Act of 2009 \nSection 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p ) is amended— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program means the SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) ); ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives and inserting SCORE program. (5) Energy Policy and Conservation Act \nSection 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) ) is amended by striking Service Corps of Retired Executives (SCORE) and inserting SCORE program.", "id": "HDE2D31D243F24B74911F588A49203F51", "header": "Other laws", "nested": [], "links": [ { "text": "15 U.S.C. 631", "legal-doc": "usc", "parsable-cite": "usc/15/631" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 657b", "legal-doc": "usc", "parsable-cite": "usc/15/657b" }, { "text": "15 U.S.C. 637(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 657p", "legal-doc": "usc", "parsable-cite": "usc/15/657p" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "42 U.S.C. 6307(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/6307" } ] } ], "links": [ { "text": "15 U.S.C. 631 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/631" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 631", "legal-doc": "usc", "parsable-cite": "usc/15/631" }, { "text": "15 U.S.C. 649", "legal-doc": "usc", "parsable-cite": "usc/15/649" }, { "text": "15 U.S.C. 631", "legal-doc": "usc", "parsable-cite": "usc/15/631" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 657b", "legal-doc": "usc", "parsable-cite": "usc/15/657b" }, { "text": "15 U.S.C. 637(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "15 U.S.C. 657p", "legal-doc": "usc", "parsable-cite": "usc/15/657p" }, { "text": "15 U.S.C. 637(c)", "legal-doc": "usc", "parsable-cite": "usc/15/637" }, { "text": "42 U.S.C. 6307(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/6307" } ] } ]

[ "Accounting and auditing", "Business education", "Business records", "Congressional oversight", "Corporate finance and management", "Government information and archives", "Performance measurement", "Right of privacy", "Small business", "Social work, volunteer service, charitable organizations", "Wages and earnings" ]

[ { "text": "1. Short title \nThis Act may be cited as the NOAA Weather Radio Modernization Act of 2023 or the NWR Modernization Act of 2023.", "id": "H970799F18BBD468AADA2D804CE8073FA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \n(a) NOAA Weather Radio \nThe term NOAA Weather Radio means the National Oceanic and Atmospheric Administration Weather Radio All Hazards network. (b) Under Secretary \nThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration.", "id": "HB8151207CA244C98951EB5A4A4148442", "header": "Definitions", "nested": [ { "text": "(a) NOAA Weather Radio \nThe term NOAA Weather Radio means the National Oceanic and Atmospheric Administration Weather Radio All Hazards network.", "id": "HF0C3A9C8B4BA4004915BDEAB1BAA9BA1", "header": "NOAA Weather Radio", "nested": [], "links": [] }, { "text": "(b) Under Secretary \nThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration.", "id": "idc98597cada3c4ab7be0bc6aba83ccd32", "header": "Under Secretary", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Upgrading existing systems \n(a) In general \nThe Under Secretary shall, to the maximum extent practicable, upgrade systems of NOAA Weather Radio in use as of the date of the enactment of this Act in order to expand coverage and ensure the reliability of NOAA Weather Radio. (b) Requirements \nIn carrying out subsection (a), the Under Secretary shall— (1) maintain support for systems described in such subsection that serve areas not covered by or having poor quality cellular service; (2) ensure consistent maintenance and operations monitoring, with timely repairs to equipment and antennas at broadcast transmitter sites; (3) enhance the ability to amplify non-weather emergency messages through NOAA Weather Radio as necessary; and (4) acquire additional transmitters as required to expand coverage to rural and underserved communities, units of the National Park System, and National Recreation Areas.", "id": "HBF2ACFD903F9416DB6C2C2A1ABB3FB53", "header": "Upgrading existing systems", "nested": [ { "text": "(a) In general \nThe Under Secretary shall, to the maximum extent practicable, upgrade systems of NOAA Weather Radio in use as of the date of the enactment of this Act in order to expand coverage and ensure the reliability of NOAA Weather Radio.", "id": "id7bd7762a5424464fa43d0b2d4863128f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn carrying out subsection (a), the Under Secretary shall— (1) maintain support for systems described in such subsection that serve areas not covered by or having poor quality cellular service; (2) ensure consistent maintenance and operations monitoring, with timely repairs to equipment and antennas at broadcast transmitter sites; (3) enhance the ability to amplify non-weather emergency messages through NOAA Weather Radio as necessary; and (4) acquire additional transmitters as required to expand coverage to rural and underserved communities, units of the National Park System, and National Recreation Areas.", "id": "id9aafd41150ad48eba252c68f29a5812d", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Modernization initiative \n(a) In general \nThe Under Secretary shall, to the maximum extent practicable, modernize NOAA Weather Radio to ensure the capabilities and coverage of NOAA Weather Radio remain valuable to the public. (b) Requirements \nIn carrying out subsection (a), the Under Secretary shall— (1) upgrade the telecommunications infrastructure of NOAA Weather Radio to accelerate the transition of broadcasts to media that provide an increase in reliability and repairability over copper media; (2) accelerate software upgrades to the Advanced Weather Interactive Processing System of the National Weather Service, or any relevant successors of the system, in order to implement partial county notifications and alerts; (3) enhance the accessibility and usability of data and feeds of NOAA Weather Radio, with the feedback of the public and user groups; (4) develop options, including satellite backup capability and commercial provider partnerships, for continuity of service provided by NOAA Weather Radio in the event of outages among Weather Forecast Offices; (5) research and develop alternative options, including microwave capabilities, to transmit signals from NOAA Weather Radio to transmitters that are remote or do not have Internet Protocol capability; and (6) transition critical applications to the Integrated Dissemination Program of the National Weather Service, or any relevant successors of the program. (c) Priorities \nIn carrying out subsections (a) and (b), the Under Secretary shall prioritize practices, capabilities, and technologies recommended in the assessment required by subsection (d) in order to maximize the accessibility of NOAA Weather Radio, particularly in remote areas of the United States and areas that are at risk for a lack of access to weather information in the event of an emergency weather event. (d) Assessment \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Under Secretary shall complete and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of access to NOAA Weather Radio. (2) Considerations and recommendations \nIn conducting the assessment required by paragraph (1), the Under Secretary shall take into consideration and provide recommendations on— (A) the need for continuous, adequate, and operational real-time broadcasts from NOAA Weather Radio; (B) solicited input on the compatibility of NOAA Weather Radio data with third-party platforms that provide online services, such as websites and mobile device applications, or deliver access to NOAA Weather Radio; (C) existing or new management systems, which promote consistent, efficient, and compatible access to NOAA Weather Radio; (D) the ability of the National Oceanic and Atmospheric Administration to aggregate real-time broadcast feeds at one or more central locations; (E) effective coordination between agencies with responsibilities relating to emergencies and natural disasters; (F) the potential effects of an electromagnetic pulse or geomagnetic disturbance on NOAA Weather Radio; and (G) improvements of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property.", "id": "HB4B1AF7DB5E14923A02ED0D1292A2AFF", "header": "Modernization initiative", "nested": [ { "text": "(a) In general \nThe Under Secretary shall, to the maximum extent practicable, modernize NOAA Weather Radio to ensure the capabilities and coverage of NOAA Weather Radio remain valuable to the public.", "id": "id8fc8dc62224c4cebaaf19024a77dce14", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn carrying out subsection (a), the Under Secretary shall— (1) upgrade the telecommunications infrastructure of NOAA Weather Radio to accelerate the transition of broadcasts to media that provide an increase in reliability and repairability over copper media; (2) accelerate software upgrades to the Advanced Weather Interactive Processing System of the National Weather Service, or any relevant successors of the system, in order to implement partial county notifications and alerts; (3) enhance the accessibility and usability of data and feeds of NOAA Weather Radio, with the feedback of the public and user groups; (4) develop options, including satellite backup capability and commercial provider partnerships, for continuity of service provided by NOAA Weather Radio in the event of outages among Weather Forecast Offices; (5) research and develop alternative options, including microwave capabilities, to transmit signals from NOAA Weather Radio to transmitters that are remote or do not have Internet Protocol capability; and (6) transition critical applications to the Integrated Dissemination Program of the National Weather Service, or any relevant successors of the program.", "id": "id5393654007E046EF9D7CB8C03113E687", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Priorities \nIn carrying out subsections (a) and (b), the Under Secretary shall prioritize practices, capabilities, and technologies recommended in the assessment required by subsection (d) in order to maximize the accessibility of NOAA Weather Radio, particularly in remote areas of the United States and areas that are at risk for a lack of access to weather information in the event of an emergency weather event.", "id": "id777f269fec9c4317886a70e782db83a5", "header": "Priorities", "nested": [], "links": [] }, { "text": "(d) Assessment \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Under Secretary shall complete and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an assessment of access to NOAA Weather Radio. (2) Considerations and recommendations \nIn conducting the assessment required by paragraph (1), the Under Secretary shall take into consideration and provide recommendations on— (A) the need for continuous, adequate, and operational real-time broadcasts from NOAA Weather Radio; (B) solicited input on the compatibility of NOAA Weather Radio data with third-party platforms that provide online services, such as websites and mobile device applications, or deliver access to NOAA Weather Radio; (C) existing or new management systems, which promote consistent, efficient, and compatible access to NOAA Weather Radio; (D) the ability of the National Oceanic and Atmospheric Administration to aggregate real-time broadcast feeds at one or more central locations; (E) effective coordination between agencies with responsibilities relating to emergencies and natural disasters; (F) the potential effects of an electromagnetic pulse or geomagnetic disturbance on NOAA Weather Radio; and (G) improvements of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property.", "id": "id8cc7d8ba7dfe4ff3b3d8a72b6b443a05", "header": "Assessment", "nested": [], "links": [] } ], "links": [] } ]

[ "Broadcasting, cable, digital technologies", "Computers and information technology", "Emergency communications systems", "Infrastructure development" ]

[ { "text": "1. Short title \nThis Act may be cited as the Salem Maritime National Historical Park Redesignation and Boundary Study Act.", "id": "HD986F673EA8146E4A99A4D65D5124C7D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Salem Maritime National Historical Park \n(a) Redesignation \nThe Salem Maritime National Historic Site in Salem, Massachusetts, shall be known and designated as the Salem Maritime National Historical Park. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the national historic site referred to in subsection (a) shall be deemed to be a reference to the Salem Maritime National Historical Park.", "id": "H2512AB909A954BE790D80D60F4466001", "header": "Salem Maritime National Historical Park", "nested": [ { "text": "(a) Redesignation \nThe Salem Maritime National Historic Site in Salem, Massachusetts, shall be known and designated as the Salem Maritime National Historical Park.", "id": "H6D3590CF2C31433399F3B51EE74F8994", "header": "Redesignation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the national historic site referred to in subsection (a) shall be deemed to be a reference to the Salem Maritime National Historical Park.", "id": "H9783A970D60A4D778C6808EBE60BE3E8", "header": "References", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Boundary study \n(a) Definitions \nIn this section: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Study area \n(A) In general \nThe term study area means the city of Salem, Massachusetts, and the vicinity of that city. (B) Inclusions \nThe term study area includes— (i) the Salem Armory Visitor Center building; and (ii) the park located adjacent to that building, known as Salem Armory Park. (b) Study \nThe Secretary shall conduct a boundary study to evaluate the suitability and feasibility of including in the National Park System, as part of the Salem Maritime National Historical Park (as redesignated by section 2(a)), any sites and resources located in the study area that are associated with— (1) the maritime history of the study area; (2) coastal defenses of the study area; or (3) military history of the study area, including National Guard and militia activity. (c) Report \nNot later than 3 years after the date on which funds are initially made available to conduct the study under subsection (b), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (1) the results of the study; and (2) any findings, conclusions, and recommendations of the Secretary.", "id": "H4B9121D0B61B4E7CB9ABEEC3B24D7168", "header": "Boundary study", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Secretary \nThe term Secretary means the Secretary of the Interior. (2) Study area \n(A) In general \nThe term study area means the city of Salem, Massachusetts, and the vicinity of that city. (B) Inclusions \nThe term study area includes— (i) the Salem Armory Visitor Center building; and (ii) the park located adjacent to that building, known as Salem Armory Park.", "id": "HC798A7A4BDEF4E1AAA3140A7C7403315", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Study \nThe Secretary shall conduct a boundary study to evaluate the suitability and feasibility of including in the National Park System, as part of the Salem Maritime National Historical Park (as redesignated by section 2(a)), any sites and resources located in the study area that are associated with— (1) the maritime history of the study area; (2) coastal defenses of the study area; or (3) military history of the study area, including National Guard and militia activity.", "id": "HC3837DF2CDAD4348A2355E328C79B17A", "header": "Study", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 3 years after the date on which funds are initially made available to conduct the study under subsection (b), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (1) the results of the study; and (2) any findings, conclusions, and recommendations of the Secretary.", "id": "HA9342287D2644E79BC78BE7E55A34F30", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Historic sites and heritage areas", "Massachusetts", "Parks, recreation areas, trails" ]

[ { "text": "1. Short title \nThis Act may be cited as the Satellite Cybersecurity Act.", "id": "id77fa29afee1949dda1b751b58c79fb87", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Clearinghouse \nThe term clearinghouse means the commercial satellite system cybersecurity clearinghouse required to be developed and maintained under section 4(b)(1). (2) Commercial satellite system \nThe term commercial satellite system — (A) means a system that— (i) is owned or operated by a non-Federal entity based in the United States; and (ii) is composed of not less than 1 earth satellite; and (B) includes— (i) any ground support infrastructure for each satellite in the system; and (ii) any transmission link among and between any satellite in the system and any ground support infrastructure in the system. (3) Critical infrastructure \nThe term critical infrastructure has the meaning given the term in subsection (e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (4) Cybersecurity risk \nThe term cybersecurity risk has the meaning given the term in section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ). (5) Cybersecurity threat \nThe term cybersecurity threat has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (6) Director \nThe term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (7) Sector risk management agency \nThe term sector risk management agency has the meaning given the term Sector-Specific Agency in section 2201 of the Homeland Security Act of 2002 ( 6 U.S.C. 651 ).", "id": "id6601843dbffe4e258b64454320054275", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 5195c(e)", "legal-doc": "usc", "parsable-cite": "usc/42/5195c" }, { "text": "6 U.S.C. 659", "legal-doc": "usc", "parsable-cite": "usc/6/659" }, { "text": "6 U.S.C. 1501", "legal-doc": "usc", "parsable-cite": "usc/6/1501" }, { "text": "6 U.S.C. 651", "legal-doc": "usc", "parsable-cite": "usc/6/651" } ] }, { "text": "3. Report on commercial satellite cybersecurity \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors. (b) Report \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives on the study conducted under subsection (a), which shall include information— (1) on efforts of the Federal Government, and the effectiveness of those efforts, to— (A) address or improve the cybersecurity of commercial satellite systems; and (B) support related efforts with international entities or the private sector; (2) on the resources made available to the public by Federal agencies to address cybersecurity risks and threats to commercial satellite systems, including resources made available through the clearinghouse; (3) on the extent to which commercial satellite systems are reliant on, or relied on by, critical infrastructure; (4) that includes an analysis of how commercial satellite systems and the threats to those systems are integrated into Federal and non-Federal critical infrastructure risk analyses and protection plans; (5) on the extent to which Federal agencies are reliant on commercial satellite systems and how Federal agencies mitigate cybersecurity risks associated with those systems; (6) on the extent to which Federal agencies are reliant on commercial satellite systems that are owned wholly or in part or controlled by foreign entities, or that have infrastructure in foreign countries, and how Federal agencies mitigate associated cybersecurity risks; (7) on the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems; and (8) as determined appropriate by the Comptroller General of the United States, that includes recommendations for further Federal action to support the cybersecurity of commercial satellite systems, including recommendations on information that should be shared through the clearinghouse. (c) Consultation \nIn carrying out subsections (a) and (b), the Comptroller General of the United States shall coordinate with appropriate Federal agencies and organizations, including— (1) the Office of the National Cyber Director; (2) the Department of Homeland Security; (3) the Department of Commerce; (4) the Department of Defense; (5) the Department of Transportation; (6) the Federal Communications Commission; (7) the National Aeronautics and Space Administration; (8) the National Executive Committee for Space-Based Positioning, Navigation, and Timing; and (9) the National Space Council. (d) Briefing \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall provide a briefing to the appropriate congressional committees on the study conducted under subsection (a). (e) Classification \nThe report made under subsection (b) shall be unclassified but may include a classified annex.", "id": "id7338a66b31014c0fbfbb43916963e004", "header": "Report on commercial satellite cybersecurity", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors.", "id": "id1b9ced2b85b449cfbaf6f6aa9acf540d", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives on the study conducted under subsection (a), which shall include information— (1) on efforts of the Federal Government, and the effectiveness of those efforts, to— (A) address or improve the cybersecurity of commercial satellite systems; and (B) support related efforts with international entities or the private sector; (2) on the resources made available to the public by Federal agencies to address cybersecurity risks and threats to commercial satellite systems, including resources made available through the clearinghouse; (3) on the extent to which commercial satellite systems are reliant on, or relied on by, critical infrastructure; (4) that includes an analysis of how commercial satellite systems and the threats to those systems are integrated into Federal and non-Federal critical infrastructure risk analyses and protection plans; (5) on the extent to which Federal agencies are reliant on commercial satellite systems and how Federal agencies mitigate cybersecurity risks associated with those systems; (6) on the extent to which Federal agencies are reliant on commercial satellite systems that are owned wholly or in part or controlled by foreign entities, or that have infrastructure in foreign countries, and how Federal agencies mitigate associated cybersecurity risks; (7) on the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems; and (8) as determined appropriate by the Comptroller General of the United States, that includes recommendations for further Federal action to support the cybersecurity of commercial satellite systems, including recommendations on information that should be shared through the clearinghouse.", "id": "id755ad097f61c4cc894646c68a31f91d4", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn carrying out subsections (a) and (b), the Comptroller General of the United States shall coordinate with appropriate Federal agencies and organizations, including— (1) the Office of the National Cyber Director; (2) the Department of Homeland Security; (3) the Department of Commerce; (4) the Department of Defense; (5) the Department of Transportation; (6) the Federal Communications Commission; (7) the National Aeronautics and Space Administration; (8) the National Executive Committee for Space-Based Positioning, Navigation, and Timing; and (9) the National Space Council.", "id": "idbbe64f4f906f417490972b69de0313ae", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall provide a briefing to the appropriate congressional committees on the study conducted under subsection (a).", "id": "idde754f5f9ef64e4092c092156d064ec4", "header": "Briefing", "nested": [], "links": [] }, { "text": "(e) Classification \nThe report made under subsection (b) shall be unclassified but may include a classified annex.", "id": "id1b6650e95a2541b985453cacc2fd5406", "header": "Classification", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Responsibilities of the cybersecurity and infrastructure security agency \n(a) Small business concern defined \nIn this section, the term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Establishment of commercial satellite system cybersecurity clearinghouse \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Director shall develop and maintain a commercial satellite system cybersecurity clearinghouse. (2) Requirements \nThe clearinghouse— (A) shall be publicly available online; (B) shall contain publicly available commercial satellite system cybersecurity resources, including the voluntary recommendations consolidated under subsection (c)(1); (C) shall contain appropriate materials for reference by entities that develop, operate, or maintain commercial satellite systems; (D) shall contain materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems; and (E) may contain controlled unclassified information distributed to commercial entities through a process determined appropriate by the Director. (3) Content maintenance \nThe Director shall maintain current and relevant cybersecurity information on the clearinghouse. (4) Existing platform or website \nTo the extent practicable, the Director shall establish and maintain the clearinghouse using an online platform, a website, or a capability in existence as of the date of enactment of this Act. (c) Consolidation of commercial satellite system cybersecurity recommendations \n(1) In general \nThe Director shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems. (2) Requirements \nThe recommendations consolidated under paragraph (1) shall include materials appropriate for a public resource addressing, to the greatest extent practicable, the following: (A) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency. (B) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident. (C) Protection against unauthorized access to vital commercial satellite system functions. (D) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, and telemetry receiver systems. (E) Protection against jamming, eavesdropping, hijacking, computer network exploitation, spoofing, threats to optical satellite communications, and electromagnetic pulse. (F) Security against threats throughout a commercial satellite system’s mission lifetime. (G) Management of supply chain risks that affect the cybersecurity of commercial satellite systems. (H) Protection against vulnerabilities posed by ownership of commercial satellite systems or commercial satellite system companies by foreign entities. (I) Protection against vulnerabilities posed by locating physical infrastructure, such as satellite ground control systems, in foreign countries. (J) As appropriate, and as applicable pursuant to the maintenance requirement under subsection (b)(3), relevant findings and recommendations from the study conducted by the Comptroller General of the United States under section 3(a). (K) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems. (d) Implementation \nIn implementing this section, the Director shall— (1) to the extent practicable, carry out the implementation in partnership with the private sector; (2) coordinate with— (A) the Office of the National Cyber Director, the National Space Council, and the head of any other agency determined appropriate by the Office of the National Cyber Director or the National Space Council; and (B) the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in section 3(c) to enable the alignment of Federal efforts on commercial satellite system cybersecurity and, to the extent practicable, consistency in Federal recommendations relating to commercial satellite system cybersecurity; and (3) consult with non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems, including private, consensus organizations that develop relevant standards. (e) Report \nNot later than 1 year after the date of enactment of this Act, and every 2 years thereafter until the date that is 9 years after the date of enactment of this Act, the Director shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing— (1) any partnership with the private sector described in subsection (d)(1); (2) any consultation with a non-Federal entity described in subsection (d)(3); (3) the coordination carried out pursuant to subsection (d)(2); (4) the establishment and maintenance of the clearinghouse pursuant to subsection (b); (5) the recommendations consolidated pursuant to subsection (c)(1); and (6) any feedback received by the Director on the clearinghouse from non-Federal entities.", "id": "ide6b3833c67cb44acbf2a173d742f22ac", "header": "Responsibilities of the cybersecurity and infrastructure security agency", "nested": [ { "text": "(a) Small business concern defined \nIn this section, the term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "id4172058b40234b7d800c6f16a6c02f12", "header": "Small business concern defined", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(b) Establishment of commercial satellite system cybersecurity clearinghouse \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Director shall develop and maintain a commercial satellite system cybersecurity clearinghouse. (2) Requirements \nThe clearinghouse— (A) shall be publicly available online; (B) shall contain publicly available commercial satellite system cybersecurity resources, including the voluntary recommendations consolidated under subsection (c)(1); (C) shall contain appropriate materials for reference by entities that develop, operate, or maintain commercial satellite systems; (D) shall contain materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems; and (E) may contain controlled unclassified information distributed to commercial entities through a process determined appropriate by the Director. (3) Content maintenance \nThe Director shall maintain current and relevant cybersecurity information on the clearinghouse. (4) Existing platform or website \nTo the extent practicable, the Director shall establish and maintain the clearinghouse using an online platform, a website, or a capability in existence as of the date of enactment of this Act.", "id": "id29cac49b1e7840e29e5d9f591c074195", "header": "Establishment of commercial satellite system cybersecurity clearinghouse", "nested": [], "links": [] }, { "text": "(c) Consolidation of commercial satellite system cybersecurity recommendations \n(1) In general \nThe Director shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems. (2) Requirements \nThe recommendations consolidated under paragraph (1) shall include materials appropriate for a public resource addressing, to the greatest extent practicable, the following: (A) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency. (B) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident. (C) Protection against unauthorized access to vital commercial satellite system functions. (D) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, and telemetry receiver systems. (E) Protection against jamming, eavesdropping, hijacking, computer network exploitation, spoofing, threats to optical satellite communications, and electromagnetic pulse. (F) Security against threats throughout a commercial satellite system’s mission lifetime. (G) Management of supply chain risks that affect the cybersecurity of commercial satellite systems. (H) Protection against vulnerabilities posed by ownership of commercial satellite systems or commercial satellite system companies by foreign entities. (I) Protection against vulnerabilities posed by locating physical infrastructure, such as satellite ground control systems, in foreign countries. (J) As appropriate, and as applicable pursuant to the maintenance requirement under subsection (b)(3), relevant findings and recommendations from the study conducted by the Comptroller General of the United States under section 3(a). (K) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems.", "id": "id08b954f1bea848a48a9788964ebfb610", "header": "Consolidation of commercial satellite system cybersecurity recommendations", "nested": [], "links": [] }, { "text": "(d) Implementation \nIn implementing this section, the Director shall— (1) to the extent practicable, carry out the implementation in partnership with the private sector; (2) coordinate with— (A) the Office of the National Cyber Director, the National Space Council, and the head of any other agency determined appropriate by the Office of the National Cyber Director or the National Space Council; and (B) the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in section 3(c) to enable the alignment of Federal efforts on commercial satellite system cybersecurity and, to the extent practicable, consistency in Federal recommendations relating to commercial satellite system cybersecurity; and (3) consult with non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems, including private, consensus organizations that develop relevant standards.", "id": "id37c760c0dc6b4939baaab731a353f562", "header": "Implementation", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than 1 year after the date of enactment of this Act, and every 2 years thereafter until the date that is 9 years after the date of enactment of this Act, the Director shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing— (1) any partnership with the private sector described in subsection (d)(1); (2) any consultation with a non-Federal entity described in subsection (d)(3); (3) the coordination carried out pursuant to subsection (d)(2); (4) the establishment and maintenance of the clearinghouse pursuant to subsection (b); (5) the recommendations consolidated pursuant to subsection (c)(1); and (6) any feedback received by the Director on the clearinghouse from non-Federal entities.", "id": "id94fc5c2577f84703a8393122c727dfb0", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "5. Strategy \nNot later than 120 days after the date of the enactment of this Act, the National Space Council, jointly with the Office of the National Cyber Director, in coordination with the Director of the Office of Space Commerce and the heads of other relevant agencies, shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives a strategy for the activities of Federal agencies to address and improve the cybersecurity of commercial satellite systems, which shall include an identification of— (1) proposed roles and responsibilities for relevant agencies; and (2) as applicable, the extent to which cybersecurity threats to such systems are addressed in Federal and non-Federal critical infrastructure risk analyses and protection plans.", "id": "id7575B1F6E5E24760B05543782B5B2F53", "header": "Strategy", "nested": [], "links": [] }, { "text": "6. Rules of construction \nNothing in this Act shall be construed to— (1) designate commercial satellite systems or other space assets as a critical infrastructure sector; or (2) infringe upon or alter the authorities of the agencies described in section 3(c).", "id": "id234F428B0177410AB8B3448D9B1908AA", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "7. Sector risk management agency transfer \nIf the President designates an infrastructure sector that includes commercial satellite systems as a critical infrastructure sector pursuant to the process established under section 9002(b)(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 134 Stat. 4770) and subsequently designates a sector risk management agency for that critical infrastructure sector that is not the Cybersecurity and Infrastructure Security Agency, the President may direct the Director to transfer the authorities of the Director under section 4 of this Act to the head of the designated sector risk management agency.", "id": "id94ac88338c944b85867237a19fd7dc00", "header": "Sector risk management agency transfer", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" } ] }, { "text": "1. Short title \nThis Act may be cited as the Satellite Cybersecurity Act.", "id": "id27084338-d4af-4a10-8372-6bc5bf4bf3fd", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Clearinghouse \nThe term clearinghouse means the commercial satellite system cybersecurity clearinghouse required to be developed and maintained under section 4(b)(1). (2) Commercial satellite system \nThe term commercial satellite system — (A) means a system that— (i) is owned or operated by a non-Federal entity based in the United States; and (ii) is composed of not less than 1 earth satellite; and (B) includes— (i) any ground support infrastructure for each satellite in the system; and (ii) any transmission link among and between any satellite in the system and any ground support infrastructure in the system. (3) Critical infrastructure \nThe term critical infrastructure has the meaning given the term in subsection (e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c ). (4) Cybersecurity risk \nThe term cybersecurity risk has the meaning given the term in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 ). (5) Cybersecurity threat \nThe term cybersecurity threat has the meaning given the term in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 ). (6) Director \nThe term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (7) Sector risk management agency \nThe term sector risk management agency has the meaning given the term Sector Risk Management Agency in section 2200 of the Homeland Security Act of 2002 ( 6 U.S.C. 650 ).", "id": "id112f3849-d670-49cb-a4b5-03b85cf000c8", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 5195c", "legal-doc": "usc", "parsable-cite": "usc/42/5195c" }, { "text": "6 U.S.C. 650", "legal-doc": "usc", "parsable-cite": "usc/6/650" }, { "text": "6 U.S.C. 650", "legal-doc": "usc", "parsable-cite": "usc/6/650" }, { "text": "6 U.S.C. 650", "legal-doc": "usc", "parsable-cite": "usc/6/650" } ] }, { "text": "3. Report on commercial satellite cybersecurity \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors. (b) Report \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives on the study conducted under subsection (a), which shall include information— (1) on efforts of the Federal Government, and the effectiveness of those efforts, to— (A) address or improve the cybersecurity of commercial satellite systems; and (B) support related efforts with international entities or the private sector; (2) on the resources made available to the public by Federal agencies to address cybersecurity risks and threats to commercial satellite systems, including resources made available through the clearinghouse; (3) on the extent to which commercial satellite systems are reliant on, or relied on by, critical infrastructure; (4) that includes an analysis of how commercial satellite systems and the threats to those systems are integrated into Federal and non-Federal critical infrastructure risk analyses and protection plans; (5) on the extent to which Federal agencies are reliant on commercial satellite systems and how Federal agencies mitigate cybersecurity risks associated with those systems; (6) on the extent to which Federal agencies are reliant on commercial satellite systems that are owned wholly or in part or controlled by foreign entities, or that have infrastructure in foreign countries, and how Federal agencies mitigate associated cybersecurity risks; (7) on the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems; and (8) as determined appropriate by the Comptroller General of the United States, that includes recommendations for further Federal action to support the cybersecurity of commercial satellite systems, including recommendations on information that should be shared through the clearinghouse. (c) Consultation \nIn carrying out subsections (a) and (b), the Comptroller General of the United States shall coordinate with appropriate Federal agencies and organizations, including— (1) the Office of the National Cyber Director; (2) the Department of Homeland Security; (3) the Department of Commerce; (4) the Department of Defense; (5) the Department of Transportation; (6) the Federal Communications Commission; (7) the National Aeronautics and Space Administration; (8) the National Executive Committee for Space-Based Positioning, Navigation, and Timing; and (9) the National Space Council. (d) Briefing \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall provide a briefing to the appropriate congressional committees on the study conducted under subsection (a). (e) Classification \nThe report made under subsection (b) shall be unclassified but may include a classified annex.", "id": "idce3edfd5-18e7-4af3-b725-43ae236e26cb", "header": "Report on commercial satellite cybersecurity", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken to support the cybersecurity of commercial satellite systems, including as part of any action to address the cybersecurity of critical infrastructure sectors.", "id": "ida894af66-6940-4ba9-95f0-847fca965809", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives on the study conducted under subsection (a), which shall include information— (1) on efforts of the Federal Government, and the effectiveness of those efforts, to— (A) address or improve the cybersecurity of commercial satellite systems; and (B) support related efforts with international entities or the private sector; (2) on the resources made available to the public by Federal agencies to address cybersecurity risks and threats to commercial satellite systems, including resources made available through the clearinghouse; (3) on the extent to which commercial satellite systems are reliant on, or relied on by, critical infrastructure; (4) that includes an analysis of how commercial satellite systems and the threats to those systems are integrated into Federal and non-Federal critical infrastructure risk analyses and protection plans; (5) on the extent to which Federal agencies are reliant on commercial satellite systems and how Federal agencies mitigate cybersecurity risks associated with those systems; (6) on the extent to which Federal agencies are reliant on commercial satellite systems that are owned wholly or in part or controlled by foreign entities, or that have infrastructure in foreign countries, and how Federal agencies mitigate associated cybersecurity risks; (7) on the extent to which Federal agencies coordinate or duplicate authorities and take other actions focused on the cybersecurity of commercial satellite systems; and (8) as determined appropriate by the Comptroller General of the United States, that includes recommendations for further Federal action to support the cybersecurity of commercial satellite systems, including recommendations on information that should be shared through the clearinghouse.", "id": "iddc567b53-7f44-41e6-a93b-1774b999360b", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn carrying out subsections (a) and (b), the Comptroller General of the United States shall coordinate with appropriate Federal agencies and organizations, including— (1) the Office of the National Cyber Director; (2) the Department of Homeland Security; (3) the Department of Commerce; (4) the Department of Defense; (5) the Department of Transportation; (6) the Federal Communications Commission; (7) the National Aeronautics and Space Administration; (8) the National Executive Committee for Space-Based Positioning, Navigation, and Timing; and (9) the National Space Council.", "id": "id00616541-15cc-4f80-bea7-f9b89f8e78b9", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall provide a briefing to the appropriate congressional committees on the study conducted under subsection (a).", "id": "id668e5904-9e14-461c-a1f6-89acea1eead7", "header": "Briefing", "nested": [], "links": [] }, { "text": "(e) Classification \nThe report made under subsection (b) shall be unclassified but may include a classified annex.", "id": "id153eb03c-1cba-41c2-8024-f4548963e035", "header": "Classification", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Responsibilities of the cybersecurity and infrastructure security agency \n(a) Small business concern defined \nIn this section, the term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (b) Establishment of commercial satellite system cybersecurity clearinghouse \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Director shall develop and maintain a commercial satellite system cybersecurity clearinghouse. (2) Requirements \nThe clearinghouse— (A) shall be publicly available online; (B) shall contain publicly available commercial satellite system cybersecurity resources, including the voluntary recommendations consolidated under subsection (c)(1); (C) shall contain appropriate materials for reference by entities that develop, operate, or maintain commercial satellite systems; (D) shall contain materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems; and (E) may contain controlled unclassified information distributed to commercial entities through a process determined appropriate by the Director. (3) Content maintenance \nThe Director shall maintain current and relevant cybersecurity information on the clearinghouse. (4) Existing platform or website \nTo the extent practicable, the Director shall establish and maintain the clearinghouse using an online platform, a website, or a capability in existence as of the date of enactment of this Act. (c) Consolidation of commercial satellite system cybersecurity recommendations \n(1) In general \nThe Director shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems. (2) Requirements \nThe recommendations consolidated under paragraph (1) shall include materials appropriate for a public resource addressing, to the greatest extent practicable, the following: (A) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency. (B) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident. (C) Protection against unauthorized access to vital commercial satellite system functions. (D) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, and telemetry receiver systems. (E) Protection against jamming, eavesdropping, hijacking, computer network exploitation, spoofing, threats to optical satellite communications, and electromagnetic pulse. (F) Security against threats throughout a commercial satellite system’s mission lifetime. (G) Management of supply chain risks that affect the cybersecurity of commercial satellite systems. (H) Protection against vulnerabilities posed by ownership of commercial satellite systems or commercial satellite system companies by foreign entities. (I) Protection against vulnerabilities posed by locating physical infrastructure, such as satellite ground control systems, in foreign countries. (J) As appropriate, and as applicable pursuant to the maintenance requirement under subsection (b)(3), relevant findings and recommendations from the study conducted by the Comptroller General of the United States under section 3(a). (K) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems. (d) Implementation \nIn implementing this section, the Director shall— (1) to the extent practicable, carry out the implementation in partnership with the private sector; (2) coordinate with— (A) the Office of the National Cyber Director, the National Space Council, and the head of any other agency determined appropriate by the Office of the National Cyber Director or the National Space Council; and (B) the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in section 3(c), to enable— (i) the alignment of Federal efforts on commercial satellite system cybersecurity; and (ii) to the extent practicable, consistency in Federal recommendations relating to commercial satellite system cybersecurity; and (3) consult with non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems, including private, consensus organizations that develop relevant standards. (e) Report \nNot later than 1 year after the date of enactment of this Act, and every 2 years thereafter until the date that is 9 years after the date of enactment of this Act, the Director shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing— (1) any partnership with the private sector described in subsection (d)(1); (2) any consultation with a non-Federal entity described in subsection (d)(3); (3) the coordination carried out pursuant to subsection (d)(2); (4) the establishment and maintenance of the clearinghouse pursuant to subsection (b); (5) the recommendations consolidated pursuant to subsection (c)(1); and (6) any feedback received by the Director on the clearinghouse from non-Federal entities.", "id": "id276fa986-50d9-4859-b71d-6462803ac0d2", "header": "Responsibilities of the cybersecurity and infrastructure security agency", "nested": [ { "text": "(a) Small business concern defined \nIn this section, the term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ).", "id": "ida6669768-f08e-42d8-8a58-f055279b18e4", "header": "Small business concern defined", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(b) Establishment of commercial satellite system cybersecurity clearinghouse \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Director shall develop and maintain a commercial satellite system cybersecurity clearinghouse. (2) Requirements \nThe clearinghouse— (A) shall be publicly available online; (B) shall contain publicly available commercial satellite system cybersecurity resources, including the voluntary recommendations consolidated under subsection (c)(1); (C) shall contain appropriate materials for reference by entities that develop, operate, or maintain commercial satellite systems; (D) shall contain materials specifically aimed at assisting small business concerns with the secure development, operation, and maintenance of commercial satellite systems; and (E) may contain controlled unclassified information distributed to commercial entities through a process determined appropriate by the Director. (3) Content maintenance \nThe Director shall maintain current and relevant cybersecurity information on the clearinghouse. (4) Existing platform or website \nTo the extent practicable, the Director shall establish and maintain the clearinghouse using an online platform, a website, or a capability in existence as of the date of enactment of this Act.", "id": "id8255fd13-6e6e-4832-9642-ccb1e391fefc", "header": "Establishment of commercial satellite system cybersecurity clearinghouse", "nested": [], "links": [] }, { "text": "(c) Consolidation of commercial satellite system cybersecurity recommendations \n(1) In general \nThe Director shall consolidate voluntary cybersecurity recommendations designed to assist in the development, maintenance, and operation of commercial satellite systems. (2) Requirements \nThe recommendations consolidated under paragraph (1) shall include materials appropriate for a public resource addressing, to the greatest extent practicable, the following: (A) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency. (B) Planning for retention or recovery of positive control of commercial satellite systems in the event of a cybersecurity incident. (C) Protection against unauthorized access to vital commercial satellite system functions. (D) Physical protection measures designed to reduce the vulnerabilities of a commercial satellite system’s command, control, and telemetry receiver systems. (E) Protection against jamming, eavesdropping, hijacking, computer network exploitation, spoofing, threats to optical satellite communications, and electromagnetic pulse. (F) Security against threats throughout a commercial satellite system’s mission lifetime. (G) Management of supply chain risks that affect the cybersecurity of commercial satellite systems. (H) Protection against vulnerabilities posed by ownership of commercial satellite systems or commercial satellite system companies by foreign entities. (I) Protection against vulnerabilities posed by locating physical infrastructure, such as satellite ground control systems, in foreign countries. (J) As appropriate, and as applicable pursuant to the maintenance requirement under subsection (b)(3), relevant findings and recommendations from the study conducted by the Comptroller General of the United States under section 3(a). (K) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through commercial satellite systems.", "id": "id25a21c8d-1aea-41d5-ba04-f9c0d601c539", "header": "Consolidation of commercial satellite system cybersecurity recommendations", "nested": [], "links": [] }, { "text": "(d) Implementation \nIn implementing this section, the Director shall— (1) to the extent practicable, carry out the implementation in partnership with the private sector; (2) coordinate with— (A) the Office of the National Cyber Director, the National Space Council, and the head of any other agency determined appropriate by the Office of the National Cyber Director or the National Space Council; and (B) the heads of appropriate Federal agencies with expertise and experience in satellite operations, including the entities described in section 3(c), to enable— (i) the alignment of Federal efforts on commercial satellite system cybersecurity; and (ii) to the extent practicable, consistency in Federal recommendations relating to commercial satellite system cybersecurity; and (3) consult with non-Federal entities developing commercial satellite systems or otherwise supporting the cybersecurity of commercial satellite systems, including private, consensus organizations that develop relevant standards.", "id": "id5262e9ce-eddf-4cb9-a57a-702cc606b1d4", "header": "Implementation", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than 1 year after the date of enactment of this Act, and every 2 years thereafter until the date that is 9 years after the date of enactment of this Act, the Director shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing— (1) any partnership with the private sector described in subsection (d)(1); (2) any consultation with a non-Federal entity described in subsection (d)(3); (3) the coordination carried out pursuant to subsection (d)(2); (4) the establishment and maintenance of the clearinghouse pursuant to subsection (b); (5) the recommendations consolidated pursuant to subsection (c)(1); and (6) any feedback received by the Director on the clearinghouse from non-Federal entities.", "id": "id7bbec34e-e132-4308-8351-fab150006745", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "5. Strategy \nNot later than 120 days after the date of the enactment of this Act, the National Space Council, jointly with the Office of the National Cyber Director, in coordination with the Director of the Office of Space Commerce and the heads of other relevant agencies, shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives a strategy for the activities of Federal agencies to address and improve the cybersecurity of commercial satellite systems, which shall include an identification of— (1) proposed roles and responsibilities for relevant agencies; and (2) as applicable, the extent to which cybersecurity threats to such systems are addressed in Federal and non-Federal critical infrastructure risk analyses and protection plans.", "id": "id74aa5c26-9faa-4eb6-8e0e-98894e52f254", "header": "Strategy", "nested": [], "links": [] }, { "text": "6. Rules of construction \nNothing in this Act shall be construed to— (1) designate commercial satellite systems or other space assets as a critical infrastructure sector; or (2) infringe upon or alter the authorities of the agencies described in section 3(c).", "id": "id0638d9e6-39ee-4425-9d9e-8a33d05b3f71", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "7. Sector risk management agency transfer \nIf the President designates an infrastructure sector that includes commercial satellite systems as a critical infrastructure sector pursuant to the process established under section 9002(b)(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 652a(b)(3) ) and subsequently designates a sector risk management agency for that critical infrastructure sector that is not the Cybersecurity and Infrastructure Security Agency, the President may direct the Director to transfer the authorities of the Director under section 4 of this Act to the head of the designated sector risk management agency.", "id": "ide6248ba4-a15f-4260-b392-6df96b146130", "header": "Sector risk management agency transfer", "nested": [], "links": [ { "text": "6 U.S.C. 652a(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/6/652a" } ] } ]

[ "Computer security and identity theft", "Computers and information technology", "Congressional oversight", "Government information and archives", "Government studies and investigations", "Public-private cooperation", "Spacecraft and satellites" ]

[ { "text": "1. Short title \nThis Act may be cited as the Fair and Transparent Gas Prices Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. FTC study on conduct related to oil and gas prices \n(a) Study \nThe Federal Trade Commission (in this section referred to as the Commission ), in coordination with State attorneys general, as appropriate, shall conduct a study, using the Commission's authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), to investigate anti-competitive, collusive, or other conduct related to oil and gas companies and markets, including the actual price of oil and gas paid by consumers. Such study shall include an analysis of— (1) whether such oil and gas companies use their financial resources in a manner that would not expand or increase fuel supply, including by reducing investments in the production of fuel, engaging in stock buy backs, or any other conduct the Commission deems appropriate; and (2) whether such anti-competitive, collusive, or other conduct may— (A) result in inflated costs for consumers or be considered price gouging; (B) delay producing or delivering more fuel supply; (C) impact investment decisions that would contribute to additional fuel supply; or (D) restrict the availability, accessibility, or affordability of alternative fuels or vehicle technology. (b) Report \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and annually thereafter for the following 2 years, the Commission shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate or necessary to provide fair, competitive, and transparent costs and markets impacting consumers with respect to oil and gas. (2) Appropriate committees of Congress \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Subcommittees on Financial Services and General Government of the Committees on Appropriations of the House of Representatives and the Senate. (c) Inapplicability of paperwork reduction act \nChapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to the collection of information under subsection (a). (d) Additional FTC resources \n(1) Additional personnel \nNotwithstanding any other provision of law, the Commission shall, without regard to the civil service laws (including regulations), appoint not more than 50 additional personnel, as necessary, for the purposes of carrying out the study and report required under this section. (2) Authorization of appropriations \nThere are authorized to be appropriated to the Commission to carry out this section $15,000,000 for each of fiscal years 2024 and 2025.", "id": "id9b133a943ca64ec0a944c5cf11dc4df5", "header": "FTC study on conduct related to oil and gas prices", "nested": [ { "text": "(a) Study \nThe Federal Trade Commission (in this section referred to as the Commission ), in coordination with State attorneys general, as appropriate, shall conduct a study, using the Commission's authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), to investigate anti-competitive, collusive, or other conduct related to oil and gas companies and markets, including the actual price of oil and gas paid by consumers. Such study shall include an analysis of— (1) whether such oil and gas companies use their financial resources in a manner that would not expand or increase fuel supply, including by reducing investments in the production of fuel, engaging in stock buy backs, or any other conduct the Commission deems appropriate; and (2) whether such anti-competitive, collusive, or other conduct may— (A) result in inflated costs for consumers or be considered price gouging; (B) delay producing or delivering more fuel supply; (C) impact investment decisions that would contribute to additional fuel supply; or (D) restrict the availability, accessibility, or affordability of alternative fuels or vehicle technology.", "id": "id60A187AC4E454C938A7912E4D37A312F", "header": "Study", "nested": [], "links": [ { "text": "15 U.S.C. 46(b)", "legal-doc": "usc", "parsable-cite": "usc/15/46" } ] }, { "text": "(b) Report \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and annually thereafter for the following 2 years, the Commission shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate or necessary to provide fair, competitive, and transparent costs and markets impacting consumers with respect to oil and gas. (2) Appropriate committees of Congress \nIn this subsection, the term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Subcommittees on Financial Services and General Government of the Committees on Appropriations of the House of Representatives and the Senate.", "id": "idc5e0792bc0094638ba80157949bfa277", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Inapplicability of paperwork reduction act \nChapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to the collection of information under subsection (a).", "id": "id86a95c79e8704427a609b9603d1ac1cd", "header": "Inapplicability of paperwork reduction act", "nested": [], "links": [ { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(d) Additional FTC resources \n(1) Additional personnel \nNotwithstanding any other provision of law, the Commission shall, without regard to the civil service laws (including regulations), appoint not more than 50 additional personnel, as necessary, for the purposes of carrying out the study and report required under this section. (2) Authorization of appropriations \nThere are authorized to be appropriated to the Commission to carry out this section $15,000,000 for each of fiscal years 2024 and 2025.", "id": "idA190997D1C5C4E7E8F0D20EC7B9E616A", "header": "Additional FTC resources", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 46(b)", "legal-doc": "usc", "parsable-cite": "usc/15/46" }, { "text": "Chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] } ]

[ "Alternative and renewable resources", "Competition and antitrust", "Congressional oversight", "Consumer affairs", "Corporate finance and management", "Employee hiring", "Energy prices", "Energy storage, supplies, demand", "Federal Trade Commission (FTC)", "Government employee pay, benefits, personnel management", "Government studies and investigations", "Inflation and prices", "Motor fuels", "Motor vehicles", "Oil and gas", "Securities" ]

[ { "text": "1. Short title \nThis Act may be cited as the Montana Sportsmen Conservation Act.", "id": "id55E7C9470B70431788F6A701B36ECE1C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) under the Montana Wilderness Study Act of 1977 ( Public Law 95–150 ; 91 Stat. 1243), 9 wilderness study areas comprising a total of 973,000 acres of land in the State of Montana were set aside for the Secretary of Agriculture to evaluate the suitability of the wilderness study areas for designation as wilderness, in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), with the evaluation to be completed not later than 5 years after the date of enactment of the Montana Wilderness Study Act of 1977 ( Public Law 95–150 ; 91 Stat. 1243); (2) between 1979 and 1986, the Chief of the Forest Service— (A) completed the studies of the 9 wilderness study areas referred to in paragraph (1); and (B) based on those studies, determined that 608,700 acres of the original 973,000 acres designated as wilderness study areas by the Montana Wilderness Study Act of 1977 ( Public Law 95–150 ; 91 Stat. 1243) were unsuitable for inclusion in the National Wilderness Preservation System, including the 81,000 acres within the Middle Fork Judith Wilderness Study Area; (3) in 2021, following a 6-year collaborative process, the Forest Service again determined, in the revision of the Helena Lewis and Clark National Forest plan, that the Middle Fork Judith Wilderness Study Area is unsuitable for inclusion in the National Wilderness Preservation System; (4) under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), 38 wilderness study areas comprising a total of 447,327 acres of land in the State of Montana were set aside by the Bureau of Land Management to evaluate the suitability of the wilderness study areas for designation as wilderness, with the evaluation to be completed not later than 15 years after the date of enactment of that Act; (5) in 1991, the Director of the Bureau of Land Management submitted to the President a recommendation on the suitability for designation of the areas described in paragraph (4), which was subsequently submitted to Congress, under which the Director of the Bureau of Land Management determined that 273,828 acres in the State of Montana designated as wilderness study areas by the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) were unsuitable for wilderness designation, including— (A) the 11,380 acres of land within the Hoodoo Mountain Wilderness Study Area; and (B) the 11,580 acres of land within the Wales Creek Wilderness Study Area; (6) in 2020, following a 5-year collaborative process, the Bureau of Land Management, in the revision of the Missoula Resource Management Plan— (A) reaffirmed that the Hoodoo Mountain Wilderness Study Area and the Wales Creek Wilderness Study Area were unsuitable for wilderness designation; and (B) recommended alternative management parameters for the Hoodoo Mountain Wilderness Study Area and the Wales Creek Wilderness Study Area; (7) despite the recommendations of the Forest Service and the Bureau of Land Management, after the completion of the studies for suitability of the land in the State of Montana designated as wilderness study areas under the Montana Wilderness Study Act of 1977 ( Public Law 95–150 ; 91 Stat. 1243) and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )— (A) over 1,100,000 acres of public land in the State of Montana remain as wilderness study areas until Congress acts; and (B) over 700,000 acres of public land in the State of Montana currently designated as wilderness study areas have been determined unsuitable for wilderness management; (8) if the wilderness study area designation was removed from each of the Middle Fork Judith Wilderness Study Area, the Hoodoo Mountain Wilderness Study Area, and the Wales Creek Wilderness Study Area, land managers would be able to better conserve and manage the areas in accordance with applicable land and resource management plans that retain certain protections for the areas, while providing for— (A) enhanced sportsmen opportunities in the backcountry of Montana; (B) improved public access; and (C) the conduct of wildlife habitat and wildfire mitigation projects; (9) the applicable land and resource management plans referred to in paragraph (8) were developed through a multi-year, collaborative process supported by— (A) resource needs and conditions; and (B) the best available science; and (10) following release, the respective land management agencies shall continue managing the areas described in paragraph (8)— (A) in accordance with applicable environmental and administrative laws; and (B) based on local input, multiple-use and sustained yield principles, and land management objectives.", "id": "id915AD5BEDF1C416EB3FBF7804F78C882", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 95–150", "legal-doc": "public-law", "parsable-cite": "pl/95/150" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "Public Law 95–150", "legal-doc": "public-law", "parsable-cite": "pl/95/150" }, { "text": "Public Law 95–150", "legal-doc": "public-law", "parsable-cite": "pl/95/150" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "Public Law 95–150", "legal-doc": "public-law", "parsable-cite": "pl/95/150" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "3. Release and improved management of land comprising certain wilderness study areas", "id": "S1", "header": "Release and improved management of land comprising certain wilderness study areas", "nested": [], "links": [] }, { "text": "2. Release and improved management of land comprising certain wilderness study areas \n(a) Middle Fork Judith Wilderness Study Area \nThe approximately 81,000 acres of land comprising the Middle Fork Judith Wilderness Study Area— (1) shall no longer be subject to section 3(a) of the Montana Wilderness Study Act of 1977 ( Public Law 95–150 ; 91 Stat. 1244); and (2) shall be managed in accordance with the applicable land and resource management plan most recently adopted under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (b) Hoodoo Mountain Wilderness Study Area and Wales Creek Wilderness Study Area \nThe approximately 11,380 acres of land comprising the Hoodoo Mountain Wilderness Study Area and the approximately 11,580 acres of land comprising the Wales Creek Wilderness Study Area— (1) shall no longer be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (2) shall be managed in accordance with the applicable land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ).", "id": "idB2B8214281B64A658E3CD5D8F73DC1C7", "header": "Release and improved management of land comprising certain wilderness study areas", "nested": [ { "text": "(a) Middle Fork Judith Wilderness Study Area \nThe approximately 81,000 acres of land comprising the Middle Fork Judith Wilderness Study Area— (1) shall no longer be subject to section 3(a) of the Montana Wilderness Study Act of 1977 ( Public Law 95–150 ; 91 Stat. 1244); and (2) shall be managed in accordance with the applicable land and resource management plan most recently adopted under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ).", "id": "id4fafa0bc3998497d82ec704bdcc723d0", "header": "Middle Fork Judith Wilderness Study Area", "nested": [], "links": [ { "text": "Public Law 95–150", "legal-doc": "public-law", "parsable-cite": "pl/95/150" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "text": "(b) Hoodoo Mountain Wilderness Study Area and Wales Creek Wilderness Study Area \nThe approximately 11,380 acres of land comprising the Hoodoo Mountain Wilderness Study Area and the approximately 11,580 acres of land comprising the Wales Creek Wilderness Study Area— (1) shall no longer be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (2) shall be managed in accordance with the applicable land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ).", "id": "ideb9fdd31f61a4e8a993966b1696e918e", "header": "Hoodoo Mountain Wilderness Study Area and Wales Creek Wilderness Study Area", "nested": [], "links": [ { "text": "43 U.S.C. 1782(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1782" }, { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" } ] } ], "links": [ { "text": "Public Law 95–150", "legal-doc": "public-law", "parsable-cite": "pl/95/150" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" }, { "text": "43 U.S.C. 1782(c)", "legal-doc": "usc", "parsable-cite": "usc/43/1782" }, { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" } ] } ]

[ "Environmental assessment, monitoring, research", "Land use and conservation", "Montana", "Wilderness and natural areas, wildlife refuges, wild rivers, habitats" ]

[ { "text": "1. Short title \nThis Act may be cited as the Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 or the CTPAT Pilot Program Act of 2023.", "id": "id6d2e51e3-9054-43f2-aa67-c6994ee87805", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate; and (B) the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives. (2) CTPAT \nThe term CTPAT means the Customs Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act ( 6 U.S.C. 961 et seq. ).", "id": "id0262A8927F9C48978F7144A2F6F316C8", "header": "Definitions", "nested": [], "links": [ { "text": "6 U.S.C. 961 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/961" } ] }, { "text": "3. Pilot program on participation of third-party logistics providers in CTPAT \n(a) Establishment \n(1) In general \nThe Secretary of Homeland Security shall carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in CTPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT. (2) Federal Register notice \nNot later than one year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a notice specifying the requirements for the pilot program required by paragraph (1). (b) Entities described \nAn entity described in this subsection is— (1) a non-asset-based third-party logistics provider that— (A) arranges international transportation of freight and is licensed by the Department of Transportation; and (B) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2); or (2) an asset-based third-party logistics provider that— (A) facilitates cross border activity and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation; (B) manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and (C) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2). (c) Requirements \nIn carrying out the pilot program required by subsection (a)(1), the Secretary shall— (1) ensure that— (A) not more than 10 entities described in paragraph (1) of subsection (b) participate in the pilot program; and (B) not more than 10 entities described in paragraph (2) of that subsection participate in the program; (2) provide for the participation of those entities on a voluntary basis; (3) continue the program for a period of not less than one year after the date on which the Secretary publishes the Federal Register notice required by subsection (a)(2); and (4) terminate the pilot program not more than 5 years after that date. (d) Report required \nNot later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to the appropriate congressional committees a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in CTPAT of entities described in subsection (b), including an assessment of participation by those entities.", "id": "ida6c3c467-c378-4885-9ad9-74e1090364f1", "header": "Pilot program on participation of third-party logistics providers in CTPAT", "nested": [ { "text": "(a) Establishment \n(1) In general \nThe Secretary of Homeland Security shall carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in CTPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT. (2) Federal Register notice \nNot later than one year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a notice specifying the requirements for the pilot program required by paragraph (1).", "id": "id97A158216CB74639A8EBDF5F3018EFB8", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Entities described \nAn entity described in this subsection is— (1) a non-asset-based third-party logistics provider that— (A) arranges international transportation of freight and is licensed by the Department of Transportation; and (B) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2); or (2) an asset-based third-party logistics provider that— (A) facilitates cross border activity and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation; (B) manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and (C) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2).", "id": "idc1947055-f9d1-41c6-98fe-304c6f8c1e71", "header": "Entities described", "nested": [], "links": [] }, { "text": "(c) Requirements \nIn carrying out the pilot program required by subsection (a)(1), the Secretary shall— (1) ensure that— (A) not more than 10 entities described in paragraph (1) of subsection (b) participate in the pilot program; and (B) not more than 10 entities described in paragraph (2) of that subsection participate in the program; (2) provide for the participation of those entities on a voluntary basis; (3) continue the program for a period of not less than one year after the date on which the Secretary publishes the Federal Register notice required by subsection (a)(2); and (4) terminate the pilot program not more than 5 years after that date.", "id": "id5bf25e40-ddc2-417b-92cb-efff92ac4a52", "header": "Requirements", "nested": [], "links": [] }, { "text": "(d) Report required \nNot later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to the appropriate congressional committees a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in CTPAT of entities described in subsection (b), including an assessment of participation by those entities.", "id": "idf561786e-2fa8-4ac7-afca-4134402dc103", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Report on effectiveness of CTPAT \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the effectiveness of CTPAT. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of— (A) security incidents in the cargo supply chain during the 5-year period preceding submission of the report that involved criminal activity, including drug trafficking, human smuggling, commercial fraud, or terrorist activity; and (B) whether those incidents involved participants in CTPAT or entities not participating in CTPAT. (2) An analysis of causes for the suspension or removal of entities from participating in CTPAT as a result of security incidents during that 5-year period. (3) An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants. (4) Recommendations to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT to improve prevention of security incidents in the cargo supply chain involving participants in CTPAT.", "id": "id6554f51525c34072bed18eaf9f3036c7", "header": "Report on effectiveness of CTPAT", "nested": [ { "text": "(a) In general \nNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the effectiveness of CTPAT.", "id": "idf32ead6dce16480da43527b28d0ce3f8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of— (A) security incidents in the cargo supply chain during the 5-year period preceding submission of the report that involved criminal activity, including drug trafficking, human smuggling, commercial fraud, or terrorist activity; and (B) whether those incidents involved participants in CTPAT or entities not participating in CTPAT. (2) An analysis of causes for the suspension or removal of entities from participating in CTPAT as a result of security incidents during that 5-year period. (3) An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants. (4) Recommendations to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT to improve prevention of security incidents in the cargo supply chain involving participants in CTPAT.", "id": "idca07afac8eb94c9eb1c36a4d06b505f2", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "5. No additional funds authorized \nNo additional funds are authorized to be appropriated for the purpose of carrying out this Act.", "id": "idde0762173a174f12916e65cd8da4c4a9", "header": "No additional funds authorized", "nested": [], "links": [] } ]

[ "Border security and unlawful immigration", "Congressional oversight", "Customs enforcement", "Drug trafficking and controlled substances", "Fraud offenses and financial crimes", "Government studies and investigations", "Human trafficking", "Public-private cooperation", "Smuggling and trafficking", "Terrorism", "Transportation safety and security" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the America’s Outdoor Recreation Act of 2023. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Outdoor recreation and infrastructure Subtitle A—Declaration of policy Sec. 111. Congressional declaration of policy. Subtitle B—Public recreation on Federal recreational lands and waters Sec. 121. Biking on long-distance bike trails. Sec. 122. Forest Service climbing guidance. Sec. 122. Climbing guidance. Sec. 123. Target shooting ranges. Subtitle C—Improving recreation infrastructure Sec. 131. Broadband internet connectivity at developed recreation sites. Sec. 132. Extension of seasonal recreation opportunities. Sec. 133. Gateway communities. Sec. 134. Parking opportunities for Federal recreational lands and waters. Sec. 135. Travel management. Sec. 136. Public-private partnerships to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters. Sec. 137. Forest Service pay-for-performance projects. Subtitle D—Engagement Sec. 141. Identifying opportunities for recreation. Sec. 142. Federal Interagency Council on Outdoor Recreation. Sec. 143. Informing the public of access closures. Sec. 144. Improved recreation visitation data. Sec. 145. Monitoring for improved recreation decision making. Sec. 146. Access for servicemembers and veterans. Sec. 147. Increasing youth recreation visits to Federal land. TITLE II—Amendments to the Federal Lands Recreation Enhancement Act Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Special recreation permits and fees. Sec. 204. Online collection of certain recreation fees. Sec. 205. Online purchases and establishment of a digital version of America the Beautiful—the National Parks and Federal Recreational Lands Passes. Sec. 206. Availability of Federal, State, and local recreation passes. Sec. 207. Use of special recreation permit fee revenue. Sec. 208. Permanent authorization. TITLE III—Special recreation permits for outfitting and guiding Subtitle A—Administration of special recreation permits for outfitting and guiding Sec. 311. Permit administration. Sec. 312. Forest Service and Bureau of Land Management transitional special recreation permits for outfitting and guiding. Sec. 313. Surrender of unused visitor-use days. Sec. 314. Reviews for transitional permits and long-term permits. Sec. 315. Adjustment of allocated visitor-use days. Subtitle B—Additional provisions relating to special recreation permits Sec. 321. Permitting process improvements. Sec. 322. Service First Initiative and multijurisdictional trips. Sec. 323. Permit flexibility. Sec. 324. Liability. Sec. 325. Cost recovery reform. Sec. 326. Permit relief for picnic areas. Sec. 327. Interagency report on special recreation permits for underserved communities. Subtitle C—Effect Sec. 331. Effect. TITLE IV—Miscellaneous provisions Sec. 401. Filming and still photography within the National Park System and on other Federal land. Sec. 402. Volunteer enhancement program. Sec. 403. Cape and antler preservation enhancement. Sec. 404. Federal land and water aquatic resource activities assistance. Sec. 405. Amendments to the Modernizing Access to Our Public Land Act. Sec. 406. Outdoor Recreation Legacy Partnership Program. Sec. 407. Recreation budget crosscut.", "id": "idf898b63b-166a-4e05-b565-78850d9b76ee", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the America’s Outdoor Recreation Act of 2023.", "id": "idD929FFAB41EF4C7BBC1ABADB35C0194C", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Outdoor recreation and infrastructure Subtitle A—Declaration of policy Sec. 111. Congressional declaration of policy. Subtitle B—Public recreation on Federal recreational lands and waters Sec. 121. Biking on long-distance bike trails. Sec. 122. Forest Service climbing guidance. Sec. 122. Climbing guidance. Sec. 123. Target shooting ranges. Subtitle C—Improving recreation infrastructure Sec. 131. Broadband internet connectivity at developed recreation sites. Sec. 132. Extension of seasonal recreation opportunities. Sec. 133. Gateway communities. Sec. 134. Parking opportunities for Federal recreational lands and waters. Sec. 135. Travel management. Sec. 136. Public-private partnerships to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters. Sec. 137. Forest Service pay-for-performance projects. Subtitle D—Engagement Sec. 141. Identifying opportunities for recreation. Sec. 142. Federal Interagency Council on Outdoor Recreation. Sec. 143. Informing the public of access closures. Sec. 144. Improved recreation visitation data. Sec. 145. Monitoring for improved recreation decision making. Sec. 146. Access for servicemembers and veterans. Sec. 147. Increasing youth recreation visits to Federal land. TITLE II—Amendments to the Federal Lands Recreation Enhancement Act Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Special recreation permits and fees. Sec. 204. Online collection of certain recreation fees. Sec. 205. Online purchases and establishment of a digital version of America the Beautiful—the National Parks and Federal Recreational Lands Passes. Sec. 206. Availability of Federal, State, and local recreation passes. Sec. 207. Use of special recreation permit fee revenue. Sec. 208. Permanent authorization. TITLE III—Special recreation permits for outfitting and guiding Subtitle A—Administration of special recreation permits for outfitting and guiding Sec. 311. Permit administration. Sec. 312. Forest Service and Bureau of Land Management transitional special recreation permits for outfitting and guiding. Sec. 313. Surrender of unused visitor-use days. Sec. 314. Reviews for transitional permits and long-term permits. Sec. 315. Adjustment of allocated visitor-use days. Subtitle B—Additional provisions relating to special recreation permits Sec. 321. Permitting process improvements. Sec. 322. Service First Initiative and multijurisdictional trips. Sec. 323. Permit flexibility. Sec. 324. Liability. Sec. 325. Cost recovery reform. Sec. 326. Permit relief for picnic areas. Sec. 327. Interagency report on special recreation permits for underserved communities. Subtitle C—Effect Sec. 331. Effect. TITLE IV—Miscellaneous provisions Sec. 401. Filming and still photography within the National Park System and on other Federal land. Sec. 402. Volunteer enhancement program. Sec. 403. Cape and antler preservation enhancement. Sec. 404. Federal land and water aquatic resource activities assistance. Sec. 405. Amendments to the Modernizing Access to Our Public Land Act. Sec. 406. Outdoor Recreation Legacy Partnership Program. Sec. 407. Recreation budget crosscut.", "id": "id50BEB7C1A00F42E39C401829A74C4B4B", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Commercial use authorization \nThe term commercial use authorization means a commercial use authorization to provide services to visitors to units of the National Park System under subchapter II of chapter 1019 of title 54, United States Code. (2) Federal land management agency \nThe term Federal land management agency has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (3) Federal recreational lands and waters \nThe term Federal recreational lands and waters has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (4) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Recreation service provider \nThe term recreation service provider has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(9)). (6) Secretaries \nThe term Secretaries means each of— (A) the Secretary; and (B) the Secretary of Agriculture. (7) Secretary \nThe term Secretary means the Secretary of the Interior. (8) Secretary concerned \nThe term Secretary concerned means— (A) the Secretary, with respect to land under the jurisdiction of the Secretary; or (B) the Secretary of Agriculture, with respect to land managed by the Forest Service. (9) Special recreation permit \nThe term special recreation permit has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)). (10) Visitor-use day \nThe term visitor-use day means a visitor-use day, user day, launch, or other metric used by the Secretary concerned for purposes of authorizing use under a special recreation permit.", "id": "id1bc16719-2687-4313-a392-d45f7aeb56cf", "header": "Definitions", "nested": [], "links": [ { "text": "chapter 1019", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/1019" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "111. Congressional declaration of policy \nCongress declares that it is the policy of the Federal Government to foster and encourage recreation on Federal recreational lands and waters, to the extent consistent with the laws applicable to specific areas of Federal recreational lands and waters, including multiple-use mandates and land management planning requirements.", "id": "id5c36c45f-0f74-4802-8449-61bb074d2edb", "header": "Congressional declaration of policy", "nested": [], "links": [] }, { "text": "121. Biking on long-Distance bike trails \n(a) Definition of long-Distance bike trail \nIn this section, the term long-distance bike trail means a continuous route, consisting of 1 or more trails or rights-of-way, that— (1) is not less than a total of 80 miles in length on Federal recreational lands and waters; (2) to the maximum extent practicable, makes use of existing trails; (3) is composed generally of a consistent type of trail; (4) may be used for mountain biking, bikepacking, road biking, bicycle touring, or gravel biking; and (5) may include short connections by way of a road or highway. (b) Long-Distance bike trails on Federal recreational lands and waters \n(1) Identification of long-distance bike trails \nSubject to paragraph (2), the Secretaries shall— (A) identify not fewer than 10 long-distance bike trails, consistent with management requirements for the Federal recreational lands and waters identified, that make use of trails and roads in existence on the date of enactment of this Act; and (B) (i) identify not fewer than 10 areas in which there is an opportunity to develop or complete long-distance bike trails, consistent with the management requirements for the Federal recreational lands and waters identified; (ii) coordinate with stakeholders on the feasibility of, and identifying any resources necessary for, completing the development of the trails identified under clause (i); and (iii) incorporate existing applicable research and planning decisions in carrying out this section. (2) Conflict avoidance with other uses \nBefore identifying a trail or road as a long-distance bike trail under paragraph (1), the Secretary concerned shall ensure that the identification of the long-distance bike trail would not conflict with an existing use of the trail or road, including horseback riding or use by pack and saddle stock. (3) Maps, signage, and promotional materials \nFor any long-distance bike trail identified under paragraph (1), the Secretary concerned may publish and distribute maps, install signage, and issue promotional materials. (4) Geographic representation \nTo the extent practicable, the Secretary concerned shall seek to identify long-distance bike trails and areas for the development or completion of long-distance bike trails under paragraph (1) in a geographically equitable manner. (5) Report \nNot later than 2 years after the date of enactment of this Act, the Secretaries, in partnership with interested organizations, shall prepare and publish a report that lists the long-distance bike trails identified under paragraph (1).", "id": "id68070a0fee24445db027f007e27ffdcc", "header": "Biking on long-Distance bike trails", "nested": [ { "text": "(a) Definition of long-Distance bike trail \nIn this section, the term long-distance bike trail means a continuous route, consisting of 1 or more trails or rights-of-way, that— (1) is not less than a total of 80 miles in length on Federal recreational lands and waters; (2) to the maximum extent practicable, makes use of existing trails; (3) is composed generally of a consistent type of trail; (4) may be used for mountain biking, bikepacking, road biking, bicycle touring, or gravel biking; and (5) may include short connections by way of a road or highway.", "id": "idb0470056efc2493595f0449ac8b13aca", "header": "Definition of long-Distance bike trail", "nested": [], "links": [] }, { "text": "(b) Long-Distance bike trails on Federal recreational lands and waters \n(1) Identification of long-distance bike trails \nSubject to paragraph (2), the Secretaries shall— (A) identify not fewer than 10 long-distance bike trails, consistent with management requirements for the Federal recreational lands and waters identified, that make use of trails and roads in existence on the date of enactment of this Act; and (B) (i) identify not fewer than 10 areas in which there is an opportunity to develop or complete long-distance bike trails, consistent with the management requirements for the Federal recreational lands and waters identified; (ii) coordinate with stakeholders on the feasibility of, and identifying any resources necessary for, completing the development of the trails identified under clause (i); and (iii) incorporate existing applicable research and planning decisions in carrying out this section. (2) Conflict avoidance with other uses \nBefore identifying a trail or road as a long-distance bike trail under paragraph (1), the Secretary concerned shall ensure that the identification of the long-distance bike trail would not conflict with an existing use of the trail or road, including horseback riding or use by pack and saddle stock. (3) Maps, signage, and promotional materials \nFor any long-distance bike trail identified under paragraph (1), the Secretary concerned may publish and distribute maps, install signage, and issue promotional materials. (4) Geographic representation \nTo the extent practicable, the Secretary concerned shall seek to identify long-distance bike trails and areas for the development or completion of long-distance bike trails under paragraph (1) in a geographically equitable manner. (5) Report \nNot later than 2 years after the date of enactment of this Act, the Secretaries, in partnership with interested organizations, shall prepare and publish a report that lists the long-distance bike trails identified under paragraph (1).", "id": "idd1fb05c448a1442f95e3ef114ccdb170", "header": "Long-Distance bike trails on Federal recreational lands and waters", "nested": [], "links": [] } ], "links": [] }, { "text": "122. Forest Service climbing guidance \n(a) Climbing guidance in wilderness \n(1) In general \nNot later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance relating to climbing management for National Forest System land, including in designated wilderness areas on National Forest System land, pursuant to the joint explanatory statement for division G (relating to the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021) described in section 4 of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1185), that recognizes the appropriateness of the allowable activities described in paragraph (2) in the designated wilderness areas, if the allowable activities are carried out in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (B) other applicable laws (including regulations); and (C) any terms and conditions that are determined to be necessary by the Secretary of Agriculture. (2) Allowable activities \nThe allowable activities referred to in paragraph (1) are— (A) recreational climbing; (B) the placement, use, and maintenance of fixed anchors; and (C) the use of other equipment necessary for recreational climbing. (b) Public notice and comment \nBefore finalizing guidance relating to climbing management under subsection (a)(1), the Secretary of Agriculture shall provide to the public notice and an opportunity to comment regarding the proposed guidance.", "id": "ida7a75dd5-493a-438a-94a4-756c151ff768", "header": "Forest Service climbing guidance", "nested": [ { "text": "(a) Climbing guidance in wilderness \n(1) In general \nNot later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance relating to climbing management for National Forest System land, including in designated wilderness areas on National Forest System land, pursuant to the joint explanatory statement for division G (relating to the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021) described in section 4 of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1185), that recognizes the appropriateness of the allowable activities described in paragraph (2) in the designated wilderness areas, if the allowable activities are carried out in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (B) other applicable laws (including regulations); and (C) any terms and conditions that are determined to be necessary by the Secretary of Agriculture. (2) Allowable activities \nThe allowable activities referred to in paragraph (1) are— (A) recreational climbing; (B) the placement, use, and maintenance of fixed anchors; and (C) the use of other equipment necessary for recreational climbing.", "id": "id261fe684bb1448a69a6160f004f557d1", "header": "Climbing guidance in wilderness", "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "(b) Public notice and comment \nBefore finalizing guidance relating to climbing management under subsection (a)(1), the Secretary of Agriculture shall provide to the public notice and an opportunity to comment regarding the proposed guidance.", "id": "id5e5f90fd18b64dc1980caff303b44120", "header": "Public notice and comment", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "122. Climbing guidance \n(a) Guidance \nNot later than 18 months after the date of enactment of this Act, each Secretary concerned shall issue guidance for recreational climbing activities on Federal land under the jurisdiction of the Secretary concerned, including within components of the National Wilderness Preservation System. (b) Applicable law \nThe guidance issued under subsection (a) shall ensure that recreational climbing activities comply with the laws (including regulations) applicable to the land under the jurisdiction of the Secretary concerned. (c) Wilderness areas \n(1) In general \nThe guidance issued under subsection (a) shall recognize that recreational climbing (including the placement and maintenance of fixed anchors, where necessary for safety) is an appropriate recreational use within a component of the National Wilderness Preservation System, if undertaken— (A) in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and other applicable laws (including regulations); and (B) subject to any terms and conditions determined to be appropriate by the Secretary concerned. (2) Authorization \nThe guidance issued under subsection (a) shall describe the requirements, if any, for the placement and maintenance of fixed anchors for recreational climbing in a component of the National Wilderness Preservation System, including any terms and conditions determined by the Secretary concerned to be appropriate, which may be issued programmatically or on a case-by-case basis. (d) Existing routes \nThe guidance issued under subsection (a) shall include direction providing for the continued use and maintenance of recreational climbing routes (including fixed anchors along the routes) in existence as of the date of enactment of this Act, in accordance with this section, and where appropriate. (e) Public comment \nBefore finalizing the guidance issued under subsection (a), the Secretary concerned shall provide opportunities for public comment with respect to the guidance.", "id": "idf3aec38245a44a5899ce41cbcc6f1a8f", "header": "Climbing guidance", "nested": [ { "text": "(a) Guidance \nNot later than 18 months after the date of enactment of this Act, each Secretary concerned shall issue guidance for recreational climbing activities on Federal land under the jurisdiction of the Secretary concerned, including within components of the National Wilderness Preservation System.", "id": "id9db76ce86b464a1984c4e6dc554e50ef", "header": "Guidance", "nested": [], "links": [] }, { "text": "(b) Applicable law \nThe guidance issued under subsection (a) shall ensure that recreational climbing activities comply with the laws (including regulations) applicable to the land under the jurisdiction of the Secretary concerned.", "id": "id8dcbcd7072a947af926bf18b935ed8cb", "header": "Applicable law", "nested": [], "links": [] }, { "text": "(c) Wilderness areas \n(1) In general \nThe guidance issued under subsection (a) shall recognize that recreational climbing (including the placement and maintenance of fixed anchors, where necessary for safety) is an appropriate recreational use within a component of the National Wilderness Preservation System, if undertaken— (A) in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and other applicable laws (including regulations); and (B) subject to any terms and conditions determined to be appropriate by the Secretary concerned. (2) Authorization \nThe guidance issued under subsection (a) shall describe the requirements, if any, for the placement and maintenance of fixed anchors for recreational climbing in a component of the National Wilderness Preservation System, including any terms and conditions determined by the Secretary concerned to be appropriate, which may be issued programmatically or on a case-by-case basis.", "id": "id97a26187966b46d6a06a72072739fd5d", "header": "Wilderness areas", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "(d) Existing routes \nThe guidance issued under subsection (a) shall include direction providing for the continued use and maintenance of recreational climbing routes (including fixed anchors along the routes) in existence as of the date of enactment of this Act, in accordance with this section, and where appropriate.", "id": "idfba4fc8344894246b78ee30a53ac7e98", "header": "Existing routes", "nested": [], "links": [] }, { "text": "(e) Public comment \nBefore finalizing the guidance issued under subsection (a), the Secretary concerned shall provide opportunities for public comment with respect to the guidance.", "id": "idc9637d7b155e4d1b84943e01593f2f5d", "header": "Public comment", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "123. Target shooting ranges \n(a) Definition of target shooting range \nIn this section, the term target shooting range means a developed and managed area that is authorized or operated by the Forest Service or the Bureau of Land Management specifically for the purposeful discharge by the public of legal firearms, firearms training, archery, or other associated activities. (b) Assessing, identifying, and establishing target shooting range locations \n(1) Assessment \nNot later than 1 year after the date of enactment of this Act, the Secretary concerned shall make available to the public a list that— (A) identifies each National Forest and each Bureau of Land Management district that has a target shooting range that meets the requirements described in paragraph (3)(B); (B) identifies each National Forest and each Bureau of Land Management district that does not have a target shooting range that meets the requirements described in paragraph (3)(B); and (C) for each National Forest and each Bureau of Land Management district identified under subparagraph (B), provides a determination of whether applicable law or the applicable land use plan prevents the establishment of a target shooting range that meets the requirements described in paragraph (3)(B). (2) Identification of target shooting range locations \n(A) In general \nThe Secretary concerned shall identify at least 1 suitable location for a target shooting range that meets the requirements described in paragraph (3)(B) within each National Forest and each Bureau of Land Management district with respect to which the Secretary concerned has determined under paragraph (1)(C) that the establishment of a target shooting range is not prevented by applicable law or the applicable land use plan. (B) Requirements \nThe Secretaries, in consultation with the entities described in subsection (d), shall, for purposes of identifying a suitable location for a target shooting range under subparagraph (A)— (i) consider the proximity of areas frequently used by recreational shooters; (ii) ensure that the target shooting range would not adversely impact a shooting range operated or maintained by a non-Federal entity, including a shooting range located on private land; and (iii) consider other nearby recreational uses to minimize potential conflict. (3) Establishment of new target shooting ranges \n(A) In general \nNot later than 5 years after the date of enactment of this Act, at 1 or more suitable locations identified on each eligible National Forest and each Bureau of Land Management district under paragraph (2)(A), the Secretary concerned shall— (i) subject to the availability of appropriations, construct a target shooting range that meets the requirements described in subparagraph (B) or modify an existing target shooting range to meet the requirements described in subparagraph (B); or (ii) enter into an agreement with an entity described in subsection (d)(1), under which the entity shall establish or maintain a target shooting range that meets the requirements described in subparagraph (B). (B) Requirements \nA target shooting range established under this paragraph— (i) (I) shall be able to accommodate rifles, pistols, and shotguns; and (II) may accommodate archery; (ii) shall include appropriate public safety designs and features, including— (I) significantly modified landscapes, including berms, buffer distances, or other public safety designs or features; (II) a designated firing line; and (III) benches; (iii) may include— (I) shade structures; (II) trash containers; (III) restrooms; and (IV) any other features that the Secretary concerned determines to be necessary; and (iv) may not require a user to pay a fee to use the target shooting range. (C) Recreation and Public Purposes Act \nFor purposes of subparagraph (A), the Secretary concerned may consider a target shooting range that is located on land transferred pursuant to the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq. ), as a target shooting range that meets the requirements described in subparagraph (B). (c) Restrictions \n(1) Management \nThe management of a target shooting range shall be subject to such conditions as the Secretary concerned determines are necessary for the safe, responsible use of— (A) the target shooting range; and (B) the adjacent land and resources. (2) Closures \nExcept in emergency situations for reasons of public safety, the Secretary concerned shall seek to ensure that a target shooting range that meets the requirements described in subsection (b)(3)(B), or an equivalent shooting range adjacent to a National Forest or Bureau of Land Management district, is available to the public prior to closing Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management to recreational shooting, in accordance with section 4103 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 7913 ). (d) Consultations \n(1) In general \nIn carrying out this section, the Secretaries shall consult with interested parties, as applicable, including— (A) local and Tribal governments; (B) nonprofit or nongovernmental organizations, including organizations that are signatories to the memorandum of understanding entitled Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding and signed by the Forest Service and the Bureau of Land Management on August 17, 2006; (C) State fish and wildlife agencies; (D) shooting clubs; (E) Federal advisory councils relating to hunting and shooting sports; (F) individuals or entities with authorized leases or permits in an area under consideration for a target shooting range; (G) State and local offices of outdoor recreation; (H) State and local public safety agencies; (I) adjacent landowners; and (J) the public. (2) Partnerships \nThe Secretaries may— (A) coordinate with an entity described in paragraph (1) to assist with the construction, modification, operation, or maintenance of a target shooting range; and (B) explore opportunities to leverage funding to maximize non-Federal investment in the construction, modification, operation, or maintenance of a target shooting range. (e) Annual reports \nNot later than 1 year after the date of enactment of this Act and annually thereafter through fiscal year 2033, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made with respect to the implementation of this section. (f) Savings clause \nNothing in this section affects the authority of the Secretary concerned to administer a target shooting range that is in addition to the target shooting ranges that meet the requirements described in (b)(3)(B) on Federal recreational lands and waters administered by the Secretary concerned.", "id": "idc52979751f0b4552bc8993032024d8fe", "header": "Target shooting ranges", "nested": [ { "text": "(a) Definition of target shooting range \nIn this section, the term target shooting range means a developed and managed area that is authorized or operated by the Forest Service or the Bureau of Land Management specifically for the purposeful discharge by the public of legal firearms, firearms training, archery, or other associated activities.", "id": "id30487bba76954c9a897daf118dbfb5fe", "header": "Definition of target shooting range", "nested": [], "links": [] }, { "text": "(b) Assessing, identifying, and establishing target shooting range locations \n(1) Assessment \nNot later than 1 year after the date of enactment of this Act, the Secretary concerned shall make available to the public a list that— (A) identifies each National Forest and each Bureau of Land Management district that has a target shooting range that meets the requirements described in paragraph (3)(B); (B) identifies each National Forest and each Bureau of Land Management district that does not have a target shooting range that meets the requirements described in paragraph (3)(B); and (C) for each National Forest and each Bureau of Land Management district identified under subparagraph (B), provides a determination of whether applicable law or the applicable land use plan prevents the establishment of a target shooting range that meets the requirements described in paragraph (3)(B). (2) Identification of target shooting range locations \n(A) In general \nThe Secretary concerned shall identify at least 1 suitable location for a target shooting range that meets the requirements described in paragraph (3)(B) within each National Forest and each Bureau of Land Management district with respect to which the Secretary concerned has determined under paragraph (1)(C) that the establishment of a target shooting range is not prevented by applicable law or the applicable land use plan. (B) Requirements \nThe Secretaries, in consultation with the entities described in subsection (d), shall, for purposes of identifying a suitable location for a target shooting range under subparagraph (A)— (i) consider the proximity of areas frequently used by recreational shooters; (ii) ensure that the target shooting range would not adversely impact a shooting range operated or maintained by a non-Federal entity, including a shooting range located on private land; and (iii) consider other nearby recreational uses to minimize potential conflict. (3) Establishment of new target shooting ranges \n(A) In general \nNot later than 5 years after the date of enactment of this Act, at 1 or more suitable locations identified on each eligible National Forest and each Bureau of Land Management district under paragraph (2)(A), the Secretary concerned shall— (i) subject to the availability of appropriations, construct a target shooting range that meets the requirements described in subparagraph (B) or modify an existing target shooting range to meet the requirements described in subparagraph (B); or (ii) enter into an agreement with an entity described in subsection (d)(1), under which the entity shall establish or maintain a target shooting range that meets the requirements described in subparagraph (B). (B) Requirements \nA target shooting range established under this paragraph— (i) (I) shall be able to accommodate rifles, pistols, and shotguns; and (II) may accommodate archery; (ii) shall include appropriate public safety designs and features, including— (I) significantly modified landscapes, including berms, buffer distances, or other public safety designs or features; (II) a designated firing line; and (III) benches; (iii) may include— (I) shade structures; (II) trash containers; (III) restrooms; and (IV) any other features that the Secretary concerned determines to be necessary; and (iv) may not require a user to pay a fee to use the target shooting range. (C) Recreation and Public Purposes Act \nFor purposes of subparagraph (A), the Secretary concerned may consider a target shooting range that is located on land transferred pursuant to the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq. ), as a target shooting range that meets the requirements described in subparagraph (B).", "id": "idcd668b7ad9c34583b4304a03bbe27154", "header": "Assessing, identifying, and establishing target shooting range locations", "nested": [], "links": [ { "text": "43 U.S.C. 869 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/869" } ] }, { "text": "(c) Restrictions \n(1) Management \nThe management of a target shooting range shall be subject to such conditions as the Secretary concerned determines are necessary for the safe, responsible use of— (A) the target shooting range; and (B) the adjacent land and resources. (2) Closures \nExcept in emergency situations for reasons of public safety, the Secretary concerned shall seek to ensure that a target shooting range that meets the requirements described in subsection (b)(3)(B), or an equivalent shooting range adjacent to a National Forest or Bureau of Land Management district, is available to the public prior to closing Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management to recreational shooting, in accordance with section 4103 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 7913 ).", "id": "id286de4c8158d47f6b2f6d614d3396c51", "header": "Restrictions", "nested": [], "links": [ { "text": "16 U.S.C. 7913", "legal-doc": "usc", "parsable-cite": "usc/16/7913" } ] }, { "text": "(d) Consultations \n(1) In general \nIn carrying out this section, the Secretaries shall consult with interested parties, as applicable, including— (A) local and Tribal governments; (B) nonprofit or nongovernmental organizations, including organizations that are signatories to the memorandum of understanding entitled Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding and signed by the Forest Service and the Bureau of Land Management on August 17, 2006; (C) State fish and wildlife agencies; (D) shooting clubs; (E) Federal advisory councils relating to hunting and shooting sports; (F) individuals or entities with authorized leases or permits in an area under consideration for a target shooting range; (G) State and local offices of outdoor recreation; (H) State and local public safety agencies; (I) adjacent landowners; and (J) the public. (2) Partnerships \nThe Secretaries may— (A) coordinate with an entity described in paragraph (1) to assist with the construction, modification, operation, or maintenance of a target shooting range; and (B) explore opportunities to leverage funding to maximize non-Federal investment in the construction, modification, operation, or maintenance of a target shooting range.", "id": "id43431bc3bed64748b444d00ca3fb1205", "header": "Consultations", "nested": [], "links": [] }, { "text": "(e) Annual reports \nNot later than 1 year after the date of enactment of this Act and annually thereafter through fiscal year 2033, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made with respect to the implementation of this section.", "id": "id55e30bf60bb64cb7a24ccc888edeb095", "header": "Annual reports", "nested": [], "links": [] }, { "text": "(f) Savings clause \nNothing in this section affects the authority of the Secretary concerned to administer a target shooting range that is in addition to the target shooting ranges that meet the requirements described in (b)(3)(B) on Federal recreational lands and waters administered by the Secretary concerned.", "id": "idd7f92424a7a643b8b45cb98673fc07df", "header": "Savings clause", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 869 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/869" }, { "text": "16 U.S.C. 7913", "legal-doc": "usc", "parsable-cite": "usc/16/7913" } ] }, { "text": "131. Broadband internet connectivity at developed recreation sites \n(a) In general \nThe Secretary and the Chief of the Forest Service shall enter into an agreement with the Secretary of Commerce to foster the installation or construction of broadband internet infrastructure at developed recreation sites on Federal recreational lands and waters to establish broadband internet connectivity— (1) subject to the availability of appropriations; and (2) in accordance with applicable law. (b) Identification \nNot later than 2 years after the date of enactment of this Act, and annually thereafter through fiscal year 2033, the Secretary and the Chief of the Forest Service, in coordination with States and local communities, shall make publicly available— (1) a list of the highest priority developed recreation sites, as determined under subsection (c), on Federal recreational lands and waters that lack broadband internet; (2) an estimate of— (A) the cost to equip each of those sites with broadband internet infrastructure; and (B) the annual cost to operate that infrastructure; and (3) a list of potential— (A) barriers to operating the infrastructure described in paragraph (2)(A); and (B) methods to recover the costs of that operation. (c) Priorities \nIn selecting developed recreation sites for the list described in subsection (b)(1), the Secretary and the Chief of the Forest Service shall give priority to developed recreation sites— (1) at which broadband internet infrastructure has not been constructed due to— (A) geographic challenges; or (B) the location having an insufficient number of nearby permanent residents, despite high seasonal or daily visitation levels; or (2) that are located in an economically distressed county that could benefit significantly from developing the outdoor recreation economy of the county.", "id": "idbe5b2db0750d4b4d830aebbb8e89c8b5", "header": "Broadband internet connectivity at developed recreation sites", "nested": [ { "text": "(a) In general \nThe Secretary and the Chief of the Forest Service shall enter into an agreement with the Secretary of Commerce to foster the installation or construction of broadband internet infrastructure at developed recreation sites on Federal recreational lands and waters to establish broadband internet connectivity— (1) subject to the availability of appropriations; and (2) in accordance with applicable law.", "id": "idc948fe9c7b09410482efb98dab6322d3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Identification \nNot later than 2 years after the date of enactment of this Act, and annually thereafter through fiscal year 2033, the Secretary and the Chief of the Forest Service, in coordination with States and local communities, shall make publicly available— (1) a list of the highest priority developed recreation sites, as determined under subsection (c), on Federal recreational lands and waters that lack broadband internet; (2) an estimate of— (A) the cost to equip each of those sites with broadband internet infrastructure; and (B) the annual cost to operate that infrastructure; and (3) a list of potential— (A) barriers to operating the infrastructure described in paragraph (2)(A); and (B) methods to recover the costs of that operation.", "id": "id0603f500ba234b68bf4a21d5f982ebf8", "header": "Identification", "nested": [], "links": [] }, { "text": "(c) Priorities \nIn selecting developed recreation sites for the list described in subsection (b)(1), the Secretary and the Chief of the Forest Service shall give priority to developed recreation sites— (1) at which broadband internet infrastructure has not been constructed due to— (A) geographic challenges; or (B) the location having an insufficient number of nearby permanent residents, despite high seasonal or daily visitation levels; or (2) that are located in an economically distressed county that could benefit significantly from developing the outdoor recreation economy of the county.", "id": "id3dc243e6996c4926ad034cc4162c8312", "header": "Priorities", "nested": [], "links": [] } ], "links": [] }, { "text": "132. Extension of seasonal recreation opportunities \n(a) Definition of seasonal closure \nIn this section, the term seasonal closure means any period during which— (1) a unit of Federal recreational lands and waters, or a portion of a unit of Federal recreational lands and waters, is closed to the public for a continuous period of not less than 30 days, excluding temporary closures relating to wildlife conservation or public safety; and (2) permitted or allowable recreational activities, which provide an economic benefit, including off-season or winter-season tourism, are not taking place at— (A) the unit of Federal recreational lands and waters; or (B) a portion of a unit of Federal recreational lands and waters. (b) Coordination \nThe Secretaries shall consult and coordinate with multiple outdoor recreation-related businesses operating on or adjacent to a unit of Federal recreational lands and waters, State offices of outdoor recreation, local destination marketing organizations, applicable trade organizations, nonprofit organizations, Indian Tribes, local governments, and institutions of higher education— (1) to better understand trends with respect to visitors to the unit of Federal recreational lands and waters; (2) to solicit input from, and provide information for, outdoor recreation marketing campaigns; and (3) to better understand— (A) the effect of seasonal closures of areas of, or infrastructure on, units of Federal recreational lands and waters on outdoor recreation opportunities, adjacent businesses, and local tax revenue; and (B) opportunities to extend the period of time during which areas of, or infrastructure on, units of Federal recreational lands and waters are open to the public to increase outdoor recreation opportunities and associated revenues for businesses and local governments. (c) Availability of infrastructure \n(1) In general \nThe Secretaries shall make efforts to make infrastructure available to accommodate increased visitation to units of Federal recreational lands and waters during periods that are at or before the beginning or at or after the end of traditional seasonal closures— (A) to extend the outdoor recreation season and the duration of income to gateway communities; and (B) to provide more opportunities to visit resources on units of Federal recreational lands and waters to reduce crowding during peak seasons. (2) Inclusions \nEfforts described in paragraph (1) may include— (A) the addition of a facility at the unit of Federal recreational lands and waters; or (B) the improvement of access to or on the unit of Federal recreational lands and waters. (d) Agreements \n(1) In general \nThe Secretaries may enter into agreements with businesses, local governments, or other entities to share the cost of additional expenses necessary to extend the period of time during which an area of, or infrastructure on, a unit of Federal recreational lands and waters is made open to the public. (2) In-kind contributions \nThe Secretaries may accept in-kind contributions of goods and services provided by businesses, local governments, or other entities for purposes of paragraph (1).", "id": "id78402a5bcc504a7a96b9892b5dcccb02", "header": "Extension of seasonal recreation opportunities", "nested": [ { "text": "(a) Definition of seasonal closure \nIn this section, the term seasonal closure means any period during which— (1) a unit of Federal recreational lands and waters, or a portion of a unit of Federal recreational lands and waters, is closed to the public for a continuous period of not less than 30 days, excluding temporary closures relating to wildlife conservation or public safety; and (2) permitted or allowable recreational activities, which provide an economic benefit, including off-season or winter-season tourism, are not taking place at— (A) the unit of Federal recreational lands and waters; or (B) a portion of a unit of Federal recreational lands and waters.", "id": "ida3d5e03a7c4842a08bd67c79a18edd32", "header": "Definition of seasonal closure", "nested": [], "links": [] }, { "text": "(b) Coordination \nThe Secretaries shall consult and coordinate with multiple outdoor recreation-related businesses operating on or adjacent to a unit of Federal recreational lands and waters, State offices of outdoor recreation, local destination marketing organizations, applicable trade organizations, nonprofit organizations, Indian Tribes, local governments, and institutions of higher education— (1) to better understand trends with respect to visitors to the unit of Federal recreational lands and waters; (2) to solicit input from, and provide information for, outdoor recreation marketing campaigns; and (3) to better understand— (A) the effect of seasonal closures of areas of, or infrastructure on, units of Federal recreational lands and waters on outdoor recreation opportunities, adjacent businesses, and local tax revenue; and (B) opportunities to extend the period of time during which areas of, or infrastructure on, units of Federal recreational lands and waters are open to the public to increase outdoor recreation opportunities and associated revenues for businesses and local governments.", "id": "id745b1d255c29470cb5818723a730c475", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Availability of infrastructure \n(1) In general \nThe Secretaries shall make efforts to make infrastructure available to accommodate increased visitation to units of Federal recreational lands and waters during periods that are at or before the beginning or at or after the end of traditional seasonal closures— (A) to extend the outdoor recreation season and the duration of income to gateway communities; and (B) to provide more opportunities to visit resources on units of Federal recreational lands and waters to reduce crowding during peak seasons. (2) Inclusions \nEfforts described in paragraph (1) may include— (A) the addition of a facility at the unit of Federal recreational lands and waters; or (B) the improvement of access to or on the unit of Federal recreational lands and waters.", "id": "idcadcfc23a01645f49c2a0715d41633d0", "header": "Availability of infrastructure", "nested": [], "links": [] }, { "text": "(d) Agreements \n(1) In general \nThe Secretaries may enter into agreements with businesses, local governments, or other entities to share the cost of additional expenses necessary to extend the period of time during which an area of, or infrastructure on, a unit of Federal recreational lands and waters is made open to the public. (2) In-kind contributions \nThe Secretaries may accept in-kind contributions of goods and services provided by businesses, local governments, or other entities for purposes of paragraph (1).", "id": "idc3b6ea7a73514bf7a018dd3d3852f159", "header": "Agreements", "nested": [], "links": [] } ], "links": [] }, { "text": "133. Gateway communities \n(a) Definition of gateway community \nIn this section, the term gateway community means a community that serves as an entry point or is adjacent to a recreation destination on Federal recreational lands and waters or non-Federal land at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation. (b) Assessment of impacts and needs in gateway communities \nSubject to the availability of existing funds, the Secretaries— (1) shall collaborate with State and local governments, Indian Tribes, housing authorities, applicable trade associations, nonprofit organizations, and other relevant stakeholders to identify needs and economic impacts in gateway communities, including— (A) housing shortages; (B) demands on existing municipal infrastructure; (C) accommodation and management of sustainable visitation; and (D) the expansion and diversification of visitor opportunities by bolstering the visitation at— (i) underutilized locations, as identified under section 141(c)(1)(B), on nearby Federal recreational lands and waters; or (ii) lesser-known recreation sites, as identified under section 144(b)(1)(B), on nearby land managed by a State agency or a local agency; and (2) may address a need identified under paragraph (1) by— (A) providing financial or technical assistance to a gateway community under an existing program; (B) issuing a lease, right-of-way, or easement, in accordance with applicable laws; or (C) issuing an entity referred to in paragraph (1) a special use permit (other than a special recreation permit), in accordance with applicable laws. (c) Technical and financial assistance to businesses \nThe Secretary of Agriculture (acting through the Administrator of the Rural Business-Cooperative Service) and the Secretary of Commerce shall provide information on applicable agency resources and programs available to provide financing, technical assistance, and other services in gateway communities to support economic opportunities through tourism, including support for the food service and accommodations sectors with an emphasis on new and diversifying businesses. (d) Partnerships \nIn carrying out this section, the Secretaries may, in accordance with applicable laws, enter into a public-private partnership, cooperative agreement, memorandum of understanding, or similar agreement with a gateway community or a business in a gateway community.", "id": "ide7aa147c9aad40079b76d081f0b7142b", "header": "Gateway communities", "nested": [ { "text": "(a) Definition of gateway community \nIn this section, the term gateway community means a community that serves as an entry point or is adjacent to a recreation destination on Federal recreational lands and waters or non-Federal land at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation.", "id": "id01e8740869e44465a5eca14ba2063f69", "header": "Definition of gateway community", "nested": [], "links": [] }, { "text": "(b) Assessment of impacts and needs in gateway communities \nSubject to the availability of existing funds, the Secretaries— (1) shall collaborate with State and local governments, Indian Tribes, housing authorities, applicable trade associations, nonprofit organizations, and other relevant stakeholders to identify needs and economic impacts in gateway communities, including— (A) housing shortages; (B) demands on existing municipal infrastructure; (C) accommodation and management of sustainable visitation; and (D) the expansion and diversification of visitor opportunities by bolstering the visitation at— (i) underutilized locations, as identified under section 141(c)(1)(B), on nearby Federal recreational lands and waters; or (ii) lesser-known recreation sites, as identified under section 144(b)(1)(B), on nearby land managed by a State agency or a local agency; and (2) may address a need identified under paragraph (1) by— (A) providing financial or technical assistance to a gateway community under an existing program; (B) issuing a lease, right-of-way, or easement, in accordance with applicable laws; or (C) issuing an entity referred to in paragraph (1) a special use permit (other than a special recreation permit), in accordance with applicable laws.", "id": "id4c9c8364d59a4ebba2ba2008f1b52201", "header": "Assessment of impacts and needs in gateway communities", "nested": [], "links": [] }, { "text": "(c) Technical and financial assistance to businesses \nThe Secretary of Agriculture (acting through the Administrator of the Rural Business-Cooperative Service) and the Secretary of Commerce shall provide information on applicable agency resources and programs available to provide financing, technical assistance, and other services in gateway communities to support economic opportunities through tourism, including support for the food service and accommodations sectors with an emphasis on new and diversifying businesses.", "id": "id7d0df0184f4042ec9bb9d3638bb3eed4", "header": "Technical and financial assistance to businesses", "nested": [], "links": [] }, { "text": "(d) Partnerships \nIn carrying out this section, the Secretaries may, in accordance with applicable laws, enter into a public-private partnership, cooperative agreement, memorandum of understanding, or similar agreement with a gateway community or a business in a gateway community.", "id": "idf2bc7fc61c5843458f1b99c8c4836445", "header": "Partnerships", "nested": [], "links": [] } ], "links": [] }, { "text": "134. Parking opportunities for Federal recreational lands and waters \n(a) In general \nThe Secretaries shall seek to increase parking opportunities for persons recreating on Federal recreational lands and waters— (1) in accordance with existing laws and applicable land use plans; (2) in a manner that minimizes any increase in maintenance obligations on Federal recreational lands and waters; and (3) in a manner that does not impact wildlife habitat that is critical to the mission of a Federal agency responsible for managing Federal recreational lands and waters. (b) Authority \nTo supplement the quantity of parking spaces available at units of Federal recreational lands and waters on the date of enactment of this Act, the Secretaries may— (1) enter into a public-private partnership for parking opportunities on non-Federal land; (2) lease non-Federal land for parking opportunities; or (3) provide alternative transportation systems for a unit of Federal recreational lands and waters.", "id": "id97134C3012B94B9B9C62C1A9AB3B9AC7", "header": "Parking opportunities for Federal recreational lands and waters", "nested": [ { "text": "(a) In general \nThe Secretaries shall seek to increase parking opportunities for persons recreating on Federal recreational lands and waters— (1) in accordance with existing laws and applicable land use plans; (2) in a manner that minimizes any increase in maintenance obligations on Federal recreational lands and waters; and (3) in a manner that does not impact wildlife habitat that is critical to the mission of a Federal agency responsible for managing Federal recreational lands and waters.", "id": "id60ef1ec2064041bb98e2a59e4cc6d985", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authority \nTo supplement the quantity of parking spaces available at units of Federal recreational lands and waters on the date of enactment of this Act, the Secretaries may— (1) enter into a public-private partnership for parking opportunities on non-Federal land; (2) lease non-Federal land for parking opportunities; or (3) provide alternative transportation systems for a unit of Federal recreational lands and waters.", "id": "idb600a6fbb82f45bd99802b447f03f5cb", "header": "Authority", "nested": [], "links": [] } ], "links": [] }, { "text": "135. Travel management \n(a) Travel management plans \nThe Secretary concerned shall seek to have, not later than 5 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems— (1) for each district administered by the Director of the Bureau of Land Management, a ground transportation linear feature authorized for public use or administrative use; and (2) for each unit of the National Forest System, a motor vehicle use map. (b) Over-Snow vehicle-Use maps \nThe Secretary concerned shall seek to have, not later than 10 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems, an over-snow vehicle use map for each unit of Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management that has adequate snowfall for over-snow vehicle use to occur on which over-snow vehicle use occurs, in accordance with existing law. (c) Out-of-Date plans and maps \nNot later than 20 years after the date on which the Secretary concerned adopted or reviewed, through public notice and comment, a travel management plan or map described in subsection (a) or (b), the Secretary concerned shall seek to review, through public notice and comment, and update, as necessary, the applicable travel management plan or map. (d) Motorized and nonmotorized access \nThe Secretaries shall seek to create additional opportunities, as appropriate, for motorized and nonmotorized access and opportunities on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management. (e) Savings clause \nNothing in this section prohibits a lawful use, including a motorized or nonmotorized use, on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management, if the Secretary concerned fails to meet a timeline established under this section.", "id": "id284fdfbc57bc4b22bb010322a7cfc770", "header": "Travel management", "nested": [ { "text": "(a) Travel management plans \nThe Secretary concerned shall seek to have, not later than 5 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems— (1) for each district administered by the Director of the Bureau of Land Management, a ground transportation linear feature authorized for public use or administrative use; and (2) for each unit of the National Forest System, a motor vehicle use map.", "id": "id7914303d123a4b6e91d5de63c9cb64ec", "header": "Travel management plans", "nested": [], "links": [] }, { "text": "(b) Over-Snow vehicle-Use maps \nThe Secretary concerned shall seek to have, not later than 10 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems, an over-snow vehicle use map for each unit of Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management that has adequate snowfall for over-snow vehicle use to occur on which over-snow vehicle use occurs, in accordance with existing law.", "id": "idc50a9381be77487085c188a3eaed8625", "header": "Over-Snow vehicle-Use maps", "nested": [], "links": [] }, { "text": "(c) Out-of-Date plans and maps \nNot later than 20 years after the date on which the Secretary concerned adopted or reviewed, through public notice and comment, a travel management plan or map described in subsection (a) or (b), the Secretary concerned shall seek to review, through public notice and comment, and update, as necessary, the applicable travel management plan or map.", "id": "iddd81b06fcaae41e1b5185defce0eefb0", "header": "Out-of-Date plans and maps", "nested": [], "links": [] }, { "text": "(d) Motorized and nonmotorized access \nThe Secretaries shall seek to create additional opportunities, as appropriate, for motorized and nonmotorized access and opportunities on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management.", "id": "idb86b94249760438a8504c110022de5e0", "header": "Motorized and nonmotorized access", "nested": [], "links": [] }, { "text": "(e) Savings clause \nNothing in this section prohibits a lawful use, including a motorized or nonmotorized use, on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management, if the Secretary concerned fails to meet a timeline established under this section.", "id": "idcbfc32c056f948f9834166c283700dbd", "header": "Savings clause", "nested": [], "links": [] } ], "links": [] }, { "text": "136. Public-private partnerships to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters \n(a) Definitions \nIn this section: (1) Covered activity \nThe term covered activity means— (A) a capital improvement, including the construction, reconstruction, and nonroutine maintenance of any structure, infrastructure, or improvement, relating to the operation of, or access to, a covered recreation facility; and (B) any activity necessary to operate or maintain a covered recreation facility. (2) Covered recreation facility \nThe term covered recreation facility means a federally owned campground, resort, cabin, or visitor center that is— (A) in existence on the date of enactment of this Act; and (B) located on Federal recreational lands and waters administered by— (i) the Chief of the Forest Service; or (ii) the Director of the Bureau of Land Management. (3) Eligible entity \nThe term eligible entity means— (A) a unit of State, Tribal, or local government; (B) a nonprofit organization; and (C) a private entity. (b) Pilot program \nThe Secretaries shall establish a pilot program under which the Secretary concerned may enter into an agreement with, or issue or amend a land use authorization to, an eligible entity to allow the eligible entity to carry out covered activities relating to a covered recreation facility, subject to the requirements of this section and the terms of any relevant land use authorization, regardless of whether the eligible entity holds, on the date of enactment of this Act, an authorization to be a concessionaire for the covered recreation facility. (c) Minimum number of agreements or land use authorizations \nNot later than 3 years after the date of enactment of this Act, the Secretary concerned, with the consent of each affected holder of an authorization to be a concessionaire for a covered recreation facility, if applicable, shall enter into at least 1 agreement or land use authorization under subsection (b) in— (1) a unit of the National Forest System in each region of the National Forest System; and (2) Federal recreational lands and waters administered by the Director of the Bureau of Land Management in not fewer than 5 States in which the Bureau of Land Management administers Federal recreational lands and waters. (d) Requirements \n(1) Development plans \nBefore entering into an agreement or issuing a land use authorization under subsection (b), an eligible entity shall submit to the Secretary concerned a development plan that— (A) describes investments in the covered recreation facility to be made by the eligible entity during the first 3 years of the agreement or land use authorization; (B) describes annual maintenance spending for each year of the agreement or land use authorization; and (C) includes any other terms and conditions determined to be necessary or appropriate by the Secretary concerned. (2) Agreements and land use authorizations \nAn agreement or land use authorization under subsection (b) shall— (A) be for a term of not more than 30 years, commensurate with the level of investment; (B) require that, not later than 3 years after the date on which the Secretary concerned enters into the agreement or issues or amends the land use authorization, the applicable eligible entity shall expend, place in an escrow account for the eligible entity to expend, or deposit in a special account in the Treasury for expenditure by the Secretary concerned, without further appropriation, for covered activities relating to the applicable covered recreation facility, an amount or specified percentage, as determined by the Secretary concerned, which shall be equal to not less than $2,000,000, of the anticipated receipts for the term of the agreement or land use authorization; (C) require the eligible entity to operate and maintain the covered recreation facility and any associated infrastructure designated by the Secretary concerned in a manner acceptable to the Secretary concerned and the eligible entity; (D) include any terms and conditions that the Secretary concerned determines to be necessary for a special use permit issued under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ) (64 Stat. 84, chapter 97; 16 U.S.C. 580d ), including the payment described in subparagraph (E) or the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), as applicable; (E) provide for payment to the Federal Government of a fee or a sharing of revenue— (i) consistent with— (I) the land use fee for a special use permit authorized under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ) (64 Stat. 84, chapter 97; 16 U.S.C. 580d ); or (II) the value to the eligible entity of the rights provided by the agreement or land use authorization, taking into account the capital invested by, and obligations of, the eligible entity under the agreement or land use authorization; and (ii) all or part of which may be offset by the work to be performed at the expense of the eligible entity that is separate from the routine costs of operating and maintaining the applicable covered recreation facility and any associated infrastructure designated by the Secretary concerned, as determined to be appropriate by the Secretary concerned; (F) include provisions stating that— (i) the eligible entity shall obtain no property interest in the covered recreation facility pursuant to the expenditures of the eligible entity, as required by the agreement or land use authorization; (ii) all structures and other improvements constructed, reconstructed, or nonroutinely maintained by that entity under the agreement or land use authorization on land owned by the United States shall be the property of the United States; and (iii) the eligible entity shall be solely responsible for any cost associated with the decommissioning or removal of a capital improvement, if needed, at the conclusion of the agreement or land use authorization; and (G) be subject to any other terms and conditions determined to be necessary or appropriate by the Secretary concerned. (e) Land use fee retention \nA land use fee paid or revenue shared with the Secretary concerned under an agreement or land use authorization under this section shall be available for expenditure by the Secretary concerned for recreation-related purposes on the unit of Federal recreational lands and waters at which the land use fee or revenue is collected, without further appropriation.", "id": "idc10ed92a505342868a00f7f9856b1daf", "header": "Public-private partnerships to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Covered activity \nThe term covered activity means— (A) a capital improvement, including the construction, reconstruction, and nonroutine maintenance of any structure, infrastructure, or improvement, relating to the operation of, or access to, a covered recreation facility; and (B) any activity necessary to operate or maintain a covered recreation facility. (2) Covered recreation facility \nThe term covered recreation facility means a federally owned campground, resort, cabin, or visitor center that is— (A) in existence on the date of enactment of this Act; and (B) located on Federal recreational lands and waters administered by— (i) the Chief of the Forest Service; or (ii) the Director of the Bureau of Land Management. (3) Eligible entity \nThe term eligible entity means— (A) a unit of State, Tribal, or local government; (B) a nonprofit organization; and (C) a private entity.", "id": "idd01a1d1112824c03a6b48797fd462eb3", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Pilot program \nThe Secretaries shall establish a pilot program under which the Secretary concerned may enter into an agreement with, or issue or amend a land use authorization to, an eligible entity to allow the eligible entity to carry out covered activities relating to a covered recreation facility, subject to the requirements of this section and the terms of any relevant land use authorization, regardless of whether the eligible entity holds, on the date of enactment of this Act, an authorization to be a concessionaire for the covered recreation facility.", "id": "idF1E08455D7AD4A239780B17C3A7104B6", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(c) Minimum number of agreements or land use authorizations \nNot later than 3 years after the date of enactment of this Act, the Secretary concerned, with the consent of each affected holder of an authorization to be a concessionaire for a covered recreation facility, if applicable, shall enter into at least 1 agreement or land use authorization under subsection (b) in— (1) a unit of the National Forest System in each region of the National Forest System; and (2) Federal recreational lands and waters administered by the Director of the Bureau of Land Management in not fewer than 5 States in which the Bureau of Land Management administers Federal recreational lands and waters.", "id": "idd2377322f66e4ec4bf67530f10b285b4", "header": "Minimum number of agreements or land use authorizations", "nested": [], "links": [] }, { "text": "(d) Requirements \n(1) Development plans \nBefore entering into an agreement or issuing a land use authorization under subsection (b), an eligible entity shall submit to the Secretary concerned a development plan that— (A) describes investments in the covered recreation facility to be made by the eligible entity during the first 3 years of the agreement or land use authorization; (B) describes annual maintenance spending for each year of the agreement or land use authorization; and (C) includes any other terms and conditions determined to be necessary or appropriate by the Secretary concerned. (2) Agreements and land use authorizations \nAn agreement or land use authorization under subsection (b) shall— (A) be for a term of not more than 30 years, commensurate with the level of investment; (B) require that, not later than 3 years after the date on which the Secretary concerned enters into the agreement or issues or amends the land use authorization, the applicable eligible entity shall expend, place in an escrow account for the eligible entity to expend, or deposit in a special account in the Treasury for expenditure by the Secretary concerned, without further appropriation, for covered activities relating to the applicable covered recreation facility, an amount or specified percentage, as determined by the Secretary concerned, which shall be equal to not less than $2,000,000, of the anticipated receipts for the term of the agreement or land use authorization; (C) require the eligible entity to operate and maintain the covered recreation facility and any associated infrastructure designated by the Secretary concerned in a manner acceptable to the Secretary concerned and the eligible entity; (D) include any terms and conditions that the Secretary concerned determines to be necessary for a special use permit issued under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ) (64 Stat. 84, chapter 97; 16 U.S.C. 580d ), including the payment described in subparagraph (E) or the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), as applicable; (E) provide for payment to the Federal Government of a fee or a sharing of revenue— (i) consistent with— (I) the land use fee for a special use permit authorized under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ) (64 Stat. 84, chapter 97; 16 U.S.C. 580d ); or (II) the value to the eligible entity of the rights provided by the agreement or land use authorization, taking into account the capital invested by, and obligations of, the eligible entity under the agreement or land use authorization; and (ii) all or part of which may be offset by the work to be performed at the expense of the eligible entity that is separate from the routine costs of operating and maintaining the applicable covered recreation facility and any associated infrastructure designated by the Secretary concerned, as determined to be appropriate by the Secretary concerned; (F) include provisions stating that— (i) the eligible entity shall obtain no property interest in the covered recreation facility pursuant to the expenditures of the eligible entity, as required by the agreement or land use authorization; (ii) all structures and other improvements constructed, reconstructed, or nonroutinely maintained by that entity under the agreement or land use authorization on land owned by the United States shall be the property of the United States; and (iii) the eligible entity shall be solely responsible for any cost associated with the decommissioning or removal of a capital improvement, if needed, at the conclusion of the agreement or land use authorization; and (G) be subject to any other terms and conditions determined to be necessary or appropriate by the Secretary concerned.", "id": "id78a70abf3f2a463ebb738d11c092d161", "header": "Requirements", "nested": [], "links": [ { "text": "16 U.S.C. 580d", "legal-doc": "usc", "parsable-cite": "usc/16/580d" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "16 U.S.C. 580d", "legal-doc": "usc", "parsable-cite": "usc/16/580d" } ] }, { "text": "(e) Land use fee retention \nA land use fee paid or revenue shared with the Secretary concerned under an agreement or land use authorization under this section shall be available for expenditure by the Secretary concerned for recreation-related purposes on the unit of Federal recreational lands and waters at which the land use fee or revenue is collected, without further appropriation.", "id": "id8295b7ca560840638a6f439c5ec11d8a", "header": "Land use fee retention", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 580d", "legal-doc": "usc", "parsable-cite": "usc/16/580d" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "16 U.S.C. 580d", "legal-doc": "usc", "parsable-cite": "usc/16/580d" } ] }, { "text": "137. Forest Service pay-for-performance projects \n(a) Definitions \nIn this section: (1) Independent evaluator \nThe term independent evaluator means an individual or entity, including an institution of higher education, that is selected by the pay-for-performance beneficiary and pay-for-performance investor, as applicable, or by the pay-for-performance project developer, in consultation with the Secretary of Agriculture, to make the determinations and prepare the reports required under subsection (e). (2) National Forest System land \nThe term National Forest System land means land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )). (3) Pay-for-performance agreement \nThe term pay-for-performance agreement means a mutual benefit agreement (excluding a procurement contract, grant agreement, or cooperative agreement described in chapter 63 of title 31, United States Code) for a pay-for-performance project— (A) with a term of— (i) not less than 1 year; and (ii) not more than 20 years; and (B) that is executed, in accordance with applicable law, by— (i) the Secretary of Agriculture; and (ii) a pay-for-performance beneficiary or pay-for-performance project developer. (4) Pay-for-performance beneficiary \nThe term pay-for-performance beneficiary means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that— (A) repays capital loaned upfront by a pay-for-performance investor, based on a project outcome specified in a pay-for-performance agreement; or (B) provides capital directly for costs associated with a pay-for-performance project. (5) Pay-for-performance investor \nThe term pay-for-performance investor means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that provides upfront loaned capital for a pay-for-performance project with the expectation of a financial return dependent on a project outcome. (6) Pay-for-performance project \nThe term pay-for-performance project means a project that— (A) would provide or enhance a recreational opportunity; (B) is conducted on— (i) National Forest System land; or (ii) other land, if the activities would benefit National Forest System land (including a recreational use of National Forest System land); and (C) would use an innovative funding or financing model that leverages— (i) loaned capital from a pay-for-performance investor to cover upfront costs associated with a pay-for-performance project, with the loaned capital repaid by a pay-for-performance beneficiary at a rate of return dependent on a project outcome, as measured by an independent evaluator; or (ii) capital directly from a pay-for-performance beneficiary to support costs associated with a pay-for-performance project in an amount based on an anticipated project outcome. (7) Pay-for-performance project developer \nThe term pay-for-performance project developer means a nonprofit or for-profit organization that serves as an intermediary to assist in developing or implementing a pay-for-performance agreement or a pay-for-performance project. (8) Project outcome \nThe term project outcome means a measurable, beneficial result (whether economic, environmental, or social) that is attributable to a pay-for-performance project and described in a pay-for-performance agreement. (b) Establishment of pilot program \nThe Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more pay-for-performance projects. (c) Pay-for-Performance projects \n(1) In general \nUsing funds made available through a pay-for-performance agreement or appropriations, all or any portion of a pay-for-performance project may be implemented by— (A) the Secretary of Agriculture; or (B) a pay-for-performance project developer or a third party, subject to the conditions that— (i) the Secretary of Agriculture shall approve the implementation by the pay-for-performance project developer or third party; and (ii) the implementation is in accordance with applicable law. (2) Relation to land management plans \nA pay-for-performance project carried out under this section shall be consistent with any applicable land management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (3) Ownership \n(A) New improvements \nThe United States shall have title to any improvements installed on National Forest System land as part of a pay-for-performance project. (B) Existing improvements \nInvesting in, conducting, or completing a pay-for-performance project on National Forest System land shall not affect the title of the United States to— (i) any federally owned improvements involved in the pay-for-performance project; or (ii) the underlying land. (4) Savings clause \nThe carrying out of any action for a pay-for-performance project does not provide any right to any party to a pay-for-performance agreement. (5) Potential conflicts \nBefore approving a pay-for-performance project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic competition) with any existing written authorized use. (d) Project agreements \n(1) In general \nNotwithstanding the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498 ), or subtitle C of title XX of the Social Security Act ( 42 U.S.C. 1397n et seq. ), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a pay-for-performance agreement under which a pay-for-performance beneficiary, pay-for-performance investor, or pay-for-performance project developer agrees to pay for or finance all or part of a pay-for-performance project. (2) Size limitation \nThe Secretary of Agriculture may not enter into a pay-for-performance agreement under the pilot program under this section for a pay-for-performance project valued at more than $15,000,000. (3) Financing \n(A) In general \nA pay-for-performance agreement shall specify the amounts that a pay-for-performance beneficiary or a pay-for-performance project developer agrees to pay to a pay-for-performance investor or a pay-for-performance project developer, as appropriate, in the event of an independent evaluator determining pursuant to subsection (e) the degree to which a project outcome has been achieved. (B) Eligible payments \nAn amount described in subparagraph (A) shall be— (i) based on— (I) the respective contributions of the parties under the pay-for-performance agreement; and (II) the economic, environmental, or social benefits derived from the project outcomes; and (ii) (I) a percentage of the estimated value of a project outcome; (II) a percentage of the estimated cost savings to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; (III) a percentage of the enhanced revenue to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; or (IV) a percentage of the cost of the pay-for-performance project. (C) Forest Service financial assistance \nSubject to the availability of appropriations, the Secretary of Agriculture may only contribute funding for a pay-for-performance project if— (i) the Secretary of Agriculture demonstrates that— (I) the pay-for-performance project will provide a cost savings to the United States; or (II) the funding would accelerate the pace of implementation of an activity previously planned to be completed by the Secretary of Agriculture; and (ii) the contribution of the Secretary of Agriculture has a value that is not more than 50 percent of the total cost of the pay-for-performance project. (D) Special account \nAny funds received by the Secretary of Agriculture under subsection (c)(1)— (i) shall be retained in a separate fund in the Treasury to be used solely for pay-for-performance projects; and (ii) shall remain available until expended and without further appropriation. (4) Maintenance and decommissioning of pay-for-performance project improvements \nA pay-for-performance agreement shall— (A) include a plan for maintaining any capital improvement constructed as part of a pay-for-performance project after the date on which the pay-for-performance project is completed; and (B) specify the party that will be responsible for decommissioning the improvements associated with the pay-for-performance project— (i) at the end of the useful life of the improvements; (ii) if the improvements no longer serve the purpose for which the improvements were developed; or (iii) if the pay-for-performance project fails. (5) Termination of pay-for-performance project agreements \nThe Secretary of Agriculture may unilaterally terminate a pay-for-performance agreement, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the pay-for-performance agreement a notice of the termination. (e) Independent evaluations \n(1) Progress reports \nAn independent evaluator shall submit to the Secretary of Agriculture and each party to the applicable pay-for-performance agreement— (A) by not later than 2 years after the date on which the pay-for-performance agreement is executed, and at least once every 2 years thereafter, a written report that summarizes the progress that has been made in achieving each project outcome; and (B) before the first scheduled date for a payment described in subsection (d)(3)(A), and each subsequent date for payment, a written report that— (i) summarizes the results of the evaluation conducted by the independent evaluator to determine whether a payment should be made pursuant to the pay-for-performance agreement; and (ii) analyzes the reasons why a project outcome was achieved or was not achieved. (2) Final reports \nNot later than 180 days after the date on which a pay-for-performance project is completed, the independent evaluator shall submit to the Secretary of Agriculture and each party to the pay-for-performance agreement a written report that includes, with respect to the period covered by the report— (A) an evaluation of the effects of the pay-for-performance project with respect to each project outcome; (B) a determination of whether the pay-for-performance project has met each project outcome; and (C) the amount of the payments made for the pay-for-performance project pursuant to subsection (d)(3)(A). (f) Additional Forest Service-Provided assistance \n(1) Technical assistance \nThe Secretary of Agriculture may provide technical assistance to facilitate pay-for-performance project development, such as planning, permitting, site preparation, and design work. (2) Consultants \nSubject to the availability of appropriations, the Secretary of Agriculture may hire a contractor— (A) to conduct a feasibility analysis of a proposed pay-for-performance project; (B) to assist in the development, implementation, or evaluation of a proposed pay-for-performance project or a pay-for-performance agreement; or (C) to assist with an environmental analysis of a proposed pay-for-performance project. (g) Savings clause \nThe Secretary of Agriculture shall approve a record of decision, decision notice, or decision memo for any activities to be carried out on National Forest System land as part of a pay-for-performance project before the Secretary of Agriculture may enter into a pay-for-performance agreement involving the applicable pay-for-performance project. (h) Duration of pilot program \n(1) Sunset \nThe authority to enter into a pay-for-performance agreement under this section terminates on September 30, 2033. (2) Savings clause \nNothing in paragraph (1) affects any pay-for-performance project agreement entered into by the Secretary of Agriculture under this section before the date described in that paragraph.", "id": "ided807c5e97b6439d954b32470bdf9eab", "header": "Forest Service pay-for-performance projects", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Independent evaluator \nThe term independent evaluator means an individual or entity, including an institution of higher education, that is selected by the pay-for-performance beneficiary and pay-for-performance investor, as applicable, or by the pay-for-performance project developer, in consultation with the Secretary of Agriculture, to make the determinations and prepare the reports required under subsection (e). (2) National Forest System land \nThe term National Forest System land means land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )). (3) Pay-for-performance agreement \nThe term pay-for-performance agreement means a mutual benefit agreement (excluding a procurement contract, grant agreement, or cooperative agreement described in chapter 63 of title 31, United States Code) for a pay-for-performance project— (A) with a term of— (i) not less than 1 year; and (ii) not more than 20 years; and (B) that is executed, in accordance with applicable law, by— (i) the Secretary of Agriculture; and (ii) a pay-for-performance beneficiary or pay-for-performance project developer. (4) Pay-for-performance beneficiary \nThe term pay-for-performance beneficiary means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that— (A) repays capital loaned upfront by a pay-for-performance investor, based on a project outcome specified in a pay-for-performance agreement; or (B) provides capital directly for costs associated with a pay-for-performance project. (5) Pay-for-performance investor \nThe term pay-for-performance investor means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that provides upfront loaned capital for a pay-for-performance project with the expectation of a financial return dependent on a project outcome. (6) Pay-for-performance project \nThe term pay-for-performance project means a project that— (A) would provide or enhance a recreational opportunity; (B) is conducted on— (i) National Forest System land; or (ii) other land, if the activities would benefit National Forest System land (including a recreational use of National Forest System land); and (C) would use an innovative funding or financing model that leverages— (i) loaned capital from a pay-for-performance investor to cover upfront costs associated with a pay-for-performance project, with the loaned capital repaid by a pay-for-performance beneficiary at a rate of return dependent on a project outcome, as measured by an independent evaluator; or (ii) capital directly from a pay-for-performance beneficiary to support costs associated with a pay-for-performance project in an amount based on an anticipated project outcome. (7) Pay-for-performance project developer \nThe term pay-for-performance project developer means a nonprofit or for-profit organization that serves as an intermediary to assist in developing or implementing a pay-for-performance agreement or a pay-for-performance project. (8) Project outcome \nThe term project outcome means a measurable, beneficial result (whether economic, environmental, or social) that is attributable to a pay-for-performance project and described in a pay-for-performance agreement.", "id": "idc59a2469b8cf4073a30da83bf9b0b230", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 1609(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1609" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/63" } ] }, { "text": "(b) Establishment of pilot program \nThe Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more pay-for-performance projects.", "id": "idef5ab18a19a44d209edd74a214b80b3b", "header": "Establishment of pilot program", "nested": [], "links": [] }, { "text": "(c) Pay-for-Performance projects \n(1) In general \nUsing funds made available through a pay-for-performance agreement or appropriations, all or any portion of a pay-for-performance project may be implemented by— (A) the Secretary of Agriculture; or (B) a pay-for-performance project developer or a third party, subject to the conditions that— (i) the Secretary of Agriculture shall approve the implementation by the pay-for-performance project developer or third party; and (ii) the implementation is in accordance with applicable law. (2) Relation to land management plans \nA pay-for-performance project carried out under this section shall be consistent with any applicable land management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (3) Ownership \n(A) New improvements \nThe United States shall have title to any improvements installed on National Forest System land as part of a pay-for-performance project. (B) Existing improvements \nInvesting in, conducting, or completing a pay-for-performance project on National Forest System land shall not affect the title of the United States to— (i) any federally owned improvements involved in the pay-for-performance project; or (ii) the underlying land. (4) Savings clause \nThe carrying out of any action for a pay-for-performance project does not provide any right to any party to a pay-for-performance agreement. (5) Potential conflicts \nBefore approving a pay-for-performance project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic competition) with any existing written authorized use.", "id": "id3aed916088db4dc1b70c8d9015c5d5b9", "header": "Pay-for-Performance projects", "nested": [], "links": [ { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "text": "(d) Project agreements \n(1) In general \nNotwithstanding the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498 ), or subtitle C of title XX of the Social Security Act ( 42 U.S.C. 1397n et seq. ), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a pay-for-performance agreement under which a pay-for-performance beneficiary, pay-for-performance investor, or pay-for-performance project developer agrees to pay for or finance all or part of a pay-for-performance project. (2) Size limitation \nThe Secretary of Agriculture may not enter into a pay-for-performance agreement under the pilot program under this section for a pay-for-performance project valued at more than $15,000,000. (3) Financing \n(A) In general \nA pay-for-performance agreement shall specify the amounts that a pay-for-performance beneficiary or a pay-for-performance project developer agrees to pay to a pay-for-performance investor or a pay-for-performance project developer, as appropriate, in the event of an independent evaluator determining pursuant to subsection (e) the degree to which a project outcome has been achieved. (B) Eligible payments \nAn amount described in subparagraph (A) shall be— (i) based on— (I) the respective contributions of the parties under the pay-for-performance agreement; and (II) the economic, environmental, or social benefits derived from the project outcomes; and (ii) (I) a percentage of the estimated value of a project outcome; (II) a percentage of the estimated cost savings to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; (III) a percentage of the enhanced revenue to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; or (IV) a percentage of the cost of the pay-for-performance project. (C) Forest Service financial assistance \nSubject to the availability of appropriations, the Secretary of Agriculture may only contribute funding for a pay-for-performance project if— (i) the Secretary of Agriculture demonstrates that— (I) the pay-for-performance project will provide a cost savings to the United States; or (II) the funding would accelerate the pace of implementation of an activity previously planned to be completed by the Secretary of Agriculture; and (ii) the contribution of the Secretary of Agriculture has a value that is not more than 50 percent of the total cost of the pay-for-performance project. (D) Special account \nAny funds received by the Secretary of Agriculture under subsection (c)(1)— (i) shall be retained in a separate fund in the Treasury to be used solely for pay-for-performance projects; and (ii) shall remain available until expended and without further appropriation. (4) Maintenance and decommissioning of pay-for-performance project improvements \nA pay-for-performance agreement shall— (A) include a plan for maintaining any capital improvement constructed as part of a pay-for-performance project after the date on which the pay-for-performance project is completed; and (B) specify the party that will be responsible for decommissioning the improvements associated with the pay-for-performance project— (i) at the end of the useful life of the improvements; (ii) if the improvements no longer serve the purpose for which the improvements were developed; or (iii) if the pay-for-performance project fails. (5) Termination of pay-for-performance project agreements \nThe Secretary of Agriculture may unilaterally terminate a pay-for-performance agreement, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the pay-for-performance agreement a notice of the termination.", "id": "id68c1a7bf50024f4da88f7c457691672f", "header": "Project agreements", "nested": [], "links": [ { "text": "16 U.S.C. 498", "legal-doc": "usc", "parsable-cite": "usc/16/498" }, { "text": "42 U.S.C. 1397n et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397n" } ] }, { "text": "(e) Independent evaluations \n(1) Progress reports \nAn independent evaluator shall submit to the Secretary of Agriculture and each party to the applicable pay-for-performance agreement— (A) by not later than 2 years after the date on which the pay-for-performance agreement is executed, and at least once every 2 years thereafter, a written report that summarizes the progress that has been made in achieving each project outcome; and (B) before the first scheduled date for a payment described in subsection (d)(3)(A), and each subsequent date for payment, a written report that— (i) summarizes the results of the evaluation conducted by the independent evaluator to determine whether a payment should be made pursuant to the pay-for-performance agreement; and (ii) analyzes the reasons why a project outcome was achieved or was not achieved. (2) Final reports \nNot later than 180 days after the date on which a pay-for-performance project is completed, the independent evaluator shall submit to the Secretary of Agriculture and each party to the pay-for-performance agreement a written report that includes, with respect to the period covered by the report— (A) an evaluation of the effects of the pay-for-performance project with respect to each project outcome; (B) a determination of whether the pay-for-performance project has met each project outcome; and (C) the amount of the payments made for the pay-for-performance project pursuant to subsection (d)(3)(A).", "id": "id2bbadc9b1f2042788bcea33c68ca7013", "header": "Independent evaluations", "nested": [], "links": [] }, { "text": "(f) Additional Forest Service-Provided assistance \n(1) Technical assistance \nThe Secretary of Agriculture may provide technical assistance to facilitate pay-for-performance project development, such as planning, permitting, site preparation, and design work. (2) Consultants \nSubject to the availability of appropriations, the Secretary of Agriculture may hire a contractor— (A) to conduct a feasibility analysis of a proposed pay-for-performance project; (B) to assist in the development, implementation, or evaluation of a proposed pay-for-performance project or a pay-for-performance agreement; or (C) to assist with an environmental analysis of a proposed pay-for-performance project.", "id": "id7f2cc055614149b58afcce130f3641cc", "header": "Additional Forest Service-Provided assistance", "nested": [], "links": [] }, { "text": "(g) Savings clause \nThe Secretary of Agriculture shall approve a record of decision, decision notice, or decision memo for any activities to be carried out on National Forest System land as part of a pay-for-performance project before the Secretary of Agriculture may enter into a pay-for-performance agreement involving the applicable pay-for-performance project.", "id": "id415d19896ddb42659c69cb6f4da553ef", "header": "Savings clause", "nested": [], "links": [] }, { "text": "(h) Duration of pilot program \n(1) Sunset \nThe authority to enter into a pay-for-performance agreement under this section terminates on September 30, 2033. (2) Savings clause \nNothing in paragraph (1) affects any pay-for-performance project agreement entered into by the Secretary of Agriculture under this section before the date described in that paragraph.", "id": "id8ac48f732f164c98ab0f68ca67f399db", "header": "Duration of pilot program", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1609(a)", "legal-doc": "usc", "parsable-cite": "usc/16/1609" }, { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/63" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" }, { "text": "16 U.S.C. 498", "legal-doc": "usc", "parsable-cite": "usc/16/498" }, { "text": "42 U.S.C. 1397n et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397n" } ] }, { "text": "141. Identifying opportunities for recreation \n(a) Definition of land use plan \nIn this section, the term land use plan means— (1) a land use plan prepared by the Secretary pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); and (2) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (b) Inventory and assessments \n(1) In general \nThe Secretaries shall— (A) conduct a single inventory and assessment of recreation resources for Federal recreational lands and waters; and (B) publish the inventory and assessment conducted under subparagraph (A) for public comment. (2) Unique recreation values \nAn inventory and assessment conducted under paragraph (1) shall recognize— (A) any unique recreation values and recreation opportunities; and (B) areas of concentrated recreational use. (3) Inventory \nThe inventory conducted under paragraph (1) shall— (A) identify, list, and map recreation resources by— (i) type of recreation opportunity and type of natural or artificial recreation infrastructure; (ii) to the extent available, the level of use of the recreation resource as of the date of the inventory; and (iii) location; and (B) identify, to the extent practicable, any trend relating to recreation opportunities or use at a recreation resource identified under subparagraph (A). (4) Assessments \nFor any recreation resource inventoried under paragraph (1), the Secretary concerned shall assess— (A) the level of demand for the recreation resource; (B) the maintenance needs of, and expenses necessary to administer, the recreation resource; (C) the benefits of current and projected future recreation use, including to the local economy; (D) the capacity of the recreation resource to meet the demand described in subparagraph (A), including the relationship of current and projected future recreation use on— (i) natural, cultural, and other resources; (ii) other authorized uses and activities on the Federal recreational lands and waters subject to the applicable land use plan; and (iii) existing infrastructure; (E) the suitability for developing, expanding, or enhancing the recreation resource; (F) technological developments and innovation that affects recreation use; and (G) the adequacy of the current management of the recreation resource. (c) Future recreation needs and management \n(1) Future needs \nBased on the inventory and assessment conducted under subsection (b)(1), the Secretary concerned shall— (A) estimate future recreation needs through a collaborative process; (B) identify underutilized locations that are suitable for developing, expanding, or enhancing recreation use; and (C) select additional high-value recreation resources at which to encourage recreation use, consistent with the applicable land use plan. (2) Considerations \nIn selecting a high-value recreation resource under paragraph (1)(C), the Secretary concerned shall consider the following: (A) The future recreation needs estimated under paragraph (1)(A). (B) The maintenance needs of, and the expenses necessary to administer, the high-value recreation resource. (C) The presence of partner organizations prepared to assist in the stewardship of the high-value recreation resource. (D) The benefits of recreation use, including benefits to the local economy. (E) The impacts of recreation use on— (i) natural, cultural, or other resources; (ii) other authorized uses and activities on the Federal recreational lands and waters subject to any applicable land use plan; and (iii) adjacent landowners. (3) Management \nThe Secretary concerned shall— (A) seek input from the public, including adjacent landowners and individuals or entities with existing land use authorizations, with respect to the management of any high-value recreation resource identified under paragraph (1)(C); (B) maintain or enhance the recreation values and encourage recreation use of the high-value recreation resource identified, subject to the availability of appropriations and consistent with any applicable multiple-use mandates; and (C) manage a high-value recreation resource under this paragraph in a manner that is consistent with applicable law. (d) Existing efforts \nTo the extent practicable, the Secretary concerned shall utilize or incorporate existing applicable research and planning decisions and processes in carrying out this section. (e) Conforming amendments \nSection 200103 of title 54, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), and (h), respectively.", "id": "id7E46064206F54D279E962B082D429E2D", "header": "Identifying opportunities for recreation", "nested": [ { "text": "(a) Definition of land use plan \nIn this section, the term land use plan means— (1) a land use plan prepared by the Secretary pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); and (2) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ).", "id": "id8e3dd4d6-9e07-4434-8747-6c965d230c0a", "header": "Definition of land use plan", "nested": [], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "text": "(b) Inventory and assessments \n(1) In general \nThe Secretaries shall— (A) conduct a single inventory and assessment of recreation resources for Federal recreational lands and waters; and (B) publish the inventory and assessment conducted under subparagraph (A) for public comment. (2) Unique recreation values \nAn inventory and assessment conducted under paragraph (1) shall recognize— (A) any unique recreation values and recreation opportunities; and (B) areas of concentrated recreational use. (3) Inventory \nThe inventory conducted under paragraph (1) shall— (A) identify, list, and map recreation resources by— (i) type of recreation opportunity and type of natural or artificial recreation infrastructure; (ii) to the extent available, the level of use of the recreation resource as of the date of the inventory; and (iii) location; and (B) identify, to the extent practicable, any trend relating to recreation opportunities or use at a recreation resource identified under subparagraph (A). (4) Assessments \nFor any recreation resource inventoried under paragraph (1), the Secretary concerned shall assess— (A) the level of demand for the recreation resource; (B) the maintenance needs of, and expenses necessary to administer, the recreation resource; (C) the benefits of current and projected future recreation use, including to the local economy; (D) the capacity of the recreation resource to meet the demand described in subparagraph (A), including the relationship of current and projected future recreation use on— (i) natural, cultural, and other resources; (ii) other authorized uses and activities on the Federal recreational lands and waters subject to the applicable land use plan; and (iii) existing infrastructure; (E) the suitability for developing, expanding, or enhancing the recreation resource; (F) technological developments and innovation that affects recreation use; and (G) the adequacy of the current management of the recreation resource.", "id": "id2b315449-866f-4fb2-bacf-e9360dde8575", "header": "Inventory and assessments", "nested": [], "links": [] }, { "text": "(c) Future recreation needs and management \n(1) Future needs \nBased on the inventory and assessment conducted under subsection (b)(1), the Secretary concerned shall— (A) estimate future recreation needs through a collaborative process; (B) identify underutilized locations that are suitable for developing, expanding, or enhancing recreation use; and (C) select additional high-value recreation resources at which to encourage recreation use, consistent with the applicable land use plan. (2) Considerations \nIn selecting a high-value recreation resource under paragraph (1)(C), the Secretary concerned shall consider the following: (A) The future recreation needs estimated under paragraph (1)(A). (B) The maintenance needs of, and the expenses necessary to administer, the high-value recreation resource. (C) The presence of partner organizations prepared to assist in the stewardship of the high-value recreation resource. (D) The benefits of recreation use, including benefits to the local economy. (E) The impacts of recreation use on— (i) natural, cultural, or other resources; (ii) other authorized uses and activities on the Federal recreational lands and waters subject to any applicable land use plan; and (iii) adjacent landowners. (3) Management \nThe Secretary concerned shall— (A) seek input from the public, including adjacent landowners and individuals or entities with existing land use authorizations, with respect to the management of any high-value recreation resource identified under paragraph (1)(C); (B) maintain or enhance the recreation values and encourage recreation use of the high-value recreation resource identified, subject to the availability of appropriations and consistent with any applicable multiple-use mandates; and (C) manage a high-value recreation resource under this paragraph in a manner that is consistent with applicable law.", "id": "id5c8b4a6d-2d70-44da-a7b8-8c268a731cc2", "header": "Future recreation needs and management", "nested": [], "links": [] }, { "text": "(d) Existing efforts \nTo the extent practicable, the Secretary concerned shall utilize or incorporate existing applicable research and planning decisions and processes in carrying out this section.", "id": "id71b45f31b04a496cb265198e1ec27f31", "header": "Existing efforts", "nested": [], "links": [] }, { "text": "(e) Conforming amendments \nSection 200103 of title 54, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), and (h), respectively.", "id": "id08fc4ebc03f447b08f1257d68ea642c1", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "43 U.S.C. 1712", "legal-doc": "usc", "parsable-cite": "usc/43/1712" }, { "text": "16 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/16/1604" } ] }, { "text": "142. Federal Interagency Council on Outdoor Recreation \n(a) In general \nSection 200104 of title 54, United States Code, is amended to read as follows: 200104. Federal Interagency Council on Outdoor Recreation \n(a) Definitions \nIn this section: (1) Council \nThe term Council means the Federal Interagency Council on Outdoor Recreation established under subsection (b). (2) Federal recreational lands and waters \nThe term Federal recreational lands and waters has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (b) Establishment \nThe Secretary shall establish an interagency council, to be known as the Federal Interagency Council on Outdoor Recreation. (c) Composition \n(1) In general \nThe Council shall be composed of representatives of the following departments and agencies, to be appointed by the head of the applicable department or agency: (A) The National Park Service. (B) The Bureau of Land Management. (C) The United States Fish and Wildlife Service. (D) The Bureau of Indian Affairs. (E) The Bureau of Reclamation. (F) The Forest Service. (G) The Corps of Engineers. (H) The National Oceanic and Atmospheric Administration. (2) Additional participants \nIn addition to the members described in paragraph (1), the Secretary may invite participation in the meetings or other activities of the Council from among the following: (A) The Council on Environmental Quality. (B) The Natural Resources Conservation Service. (C) Rural development programs of the Department of Agriculture. (D) The Economic Development Administration. (E) The National Travel and Tourism Office of the Department of Commerce. (F) The National Center for Chronic Disease Prevention and Health Promotion. (G) The Environmental Protection Agency. (H) The Department of Transportation. (I) The Tennessee Valley Authority. (J) The Bureau of Economic Analysis of the Department of Commerce. (K) The National Marine Fisheries Service. (L) The Federal Energy Regulatory Commission. (M) The Federal Highway Administration. (N) An applicable State agency or office. (O) An applicable agency or office of a local government. (3) State coordination \nIn determining additional participants under paragraph (2), the Secretary shall seek to ensure that not fewer than 1 State is invited to participate in each meeting or other activity of the Council. (4) Leadership \nThe leadership of the Council shall rotate annually among the members of the Council described in paragraph (1), or as otherwise determined by the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. (5) Funding \nNotwithstanding section 708 of division E of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the members of the Council described in paragraph (1) may enter into agreements to share the management and operational costs of the Council. (d) Coordination \nThe Council shall meet as frequently as appropriate for the purposes of coordinating— (1) the implementation of the America's Outdoor Recreation Act of 2023 , including carrying out any reports required under that Act or an amendment made by that Act; (2) recreation management policies across Federal agencies, including implementation of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); (3) the response by an agency that manages Federal recreational lands and waters to public health emergencies or other emergencies that result in disruptions to, or closures of, Federal recreational lands and waters; (4) the expenditure of funds relating to outdoor recreation on Federal recreational lands and waters, including funds made available under section 40804(b)(7) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(b)(7) ); (5) the adoption and expansion of emerging technologies on Federal recreational lands and waters; (6) research activities, including quantifying the economic impacts of recreation; (7) dissemination to the public of outdoor recreation-related information (including information relating to opportunities, reservations, accessibility, and closures), in a manner that ensures the recreation-related information is easily accessible with modern communication devices; (8) the improvement of access to Federal recreational lands and waters; and (9) the identification and engagement of partners outside the Federal Government— (A) to promote outdoor recreation; (B) to facilitate collaborative management of outdoor recreation; and (C) to provide additional resources relating to enhancing outdoor recreation opportunities. (e) Effect \nNothing in this section affects the authorities, regulations, or policies of any Federal agency described in paragraph (1) or (2) of subsection (c).. (b) Clerical amendment \nThe table of sections for chapter 2001 of title 54, United States Code, is amended by striking the item relating to section 200104 and inserting the following: 200104. Federal Interagency Council on Outdoor Recreation..", "id": "id5ce86006a98e42d783f2221a381adc71", "header": "Federal Interagency Council on Outdoor Recreation", "nested": [ { "text": "(a) In general \nSection 200104 of title 54, United States Code, is amended to read as follows: 200104. Federal Interagency Council on Outdoor Recreation \n(a) Definitions \nIn this section: (1) Council \nThe term Council means the Federal Interagency Council on Outdoor Recreation established under subsection (b). (2) Federal recreational lands and waters \nThe term Federal recreational lands and waters has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (b) Establishment \nThe Secretary shall establish an interagency council, to be known as the Federal Interagency Council on Outdoor Recreation. (c) Composition \n(1) In general \nThe Council shall be composed of representatives of the following departments and agencies, to be appointed by the head of the applicable department or agency: (A) The National Park Service. (B) The Bureau of Land Management. (C) The United States Fish and Wildlife Service. (D) The Bureau of Indian Affairs. (E) The Bureau of Reclamation. (F) The Forest Service. (G) The Corps of Engineers. (H) The National Oceanic and Atmospheric Administration. (2) Additional participants \nIn addition to the members described in paragraph (1), the Secretary may invite participation in the meetings or other activities of the Council from among the following: (A) The Council on Environmental Quality. (B) The Natural Resources Conservation Service. (C) Rural development programs of the Department of Agriculture. (D) The Economic Development Administration. (E) The National Travel and Tourism Office of the Department of Commerce. (F) The National Center for Chronic Disease Prevention and Health Promotion. (G) The Environmental Protection Agency. (H) The Department of Transportation. (I) The Tennessee Valley Authority. (J) The Bureau of Economic Analysis of the Department of Commerce. (K) The National Marine Fisheries Service. (L) The Federal Energy Regulatory Commission. (M) The Federal Highway Administration. (N) An applicable State agency or office. (O) An applicable agency or office of a local government. (3) State coordination \nIn determining additional participants under paragraph (2), the Secretary shall seek to ensure that not fewer than 1 State is invited to participate in each meeting or other activity of the Council. (4) Leadership \nThe leadership of the Council shall rotate annually among the members of the Council described in paragraph (1), or as otherwise determined by the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. (5) Funding \nNotwithstanding section 708 of division E of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the members of the Council described in paragraph (1) may enter into agreements to share the management and operational costs of the Council. (d) Coordination \nThe Council shall meet as frequently as appropriate for the purposes of coordinating— (1) the implementation of the America's Outdoor Recreation Act of 2023 , including carrying out any reports required under that Act or an amendment made by that Act; (2) recreation management policies across Federal agencies, including implementation of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); (3) the response by an agency that manages Federal recreational lands and waters to public health emergencies or other emergencies that result in disruptions to, or closures of, Federal recreational lands and waters; (4) the expenditure of funds relating to outdoor recreation on Federal recreational lands and waters, including funds made available under section 40804(b)(7) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(b)(7) ); (5) the adoption and expansion of emerging technologies on Federal recreational lands and waters; (6) research activities, including quantifying the economic impacts of recreation; (7) dissemination to the public of outdoor recreation-related information (including information relating to opportunities, reservations, accessibility, and closures), in a manner that ensures the recreation-related information is easily accessible with modern communication devices; (8) the improvement of access to Federal recreational lands and waters; and (9) the identification and engagement of partners outside the Federal Government— (A) to promote outdoor recreation; (B) to facilitate collaborative management of outdoor recreation; and (C) to provide additional resources relating to enhancing outdoor recreation opportunities. (e) Effect \nNothing in this section affects the authorities, regulations, or policies of any Federal agency described in paragraph (1) or (2) of subsection (c)..", "id": "id85DFBD83B25A48B6B54E8641CA8FCDEC", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6592a(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/16/6592a" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 2001 of title 54, United States Code, is amended by striking the item relating to section 200104 and inserting the following: 200104. Federal Interagency Council on Outdoor Recreation..", "id": "id91b75aab80f1442386a36582af179f98", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 2001", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/2001" } ] } ], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6592a(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/16/6592a" }, { "text": "chapter 2001", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/2001" } ] }, { "text": "200104. Federal Interagency Council on Outdoor Recreation \n(a) Definitions \nIn this section: (1) Council \nThe term Council means the Federal Interagency Council on Outdoor Recreation established under subsection (b). (2) Federal recreational lands and waters \nThe term Federal recreational lands and waters has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (b) Establishment \nThe Secretary shall establish an interagency council, to be known as the Federal Interagency Council on Outdoor Recreation. (c) Composition \n(1) In general \nThe Council shall be composed of representatives of the following departments and agencies, to be appointed by the head of the applicable department or agency: (A) The National Park Service. (B) The Bureau of Land Management. (C) The United States Fish and Wildlife Service. (D) The Bureau of Indian Affairs. (E) The Bureau of Reclamation. (F) The Forest Service. (G) The Corps of Engineers. (H) The National Oceanic and Atmospheric Administration. (2) Additional participants \nIn addition to the members described in paragraph (1), the Secretary may invite participation in the meetings or other activities of the Council from among the following: (A) The Council on Environmental Quality. (B) The Natural Resources Conservation Service. (C) Rural development programs of the Department of Agriculture. (D) The Economic Development Administration. (E) The National Travel and Tourism Office of the Department of Commerce. (F) The National Center for Chronic Disease Prevention and Health Promotion. (G) The Environmental Protection Agency. (H) The Department of Transportation. (I) The Tennessee Valley Authority. (J) The Bureau of Economic Analysis of the Department of Commerce. (K) The National Marine Fisheries Service. (L) The Federal Energy Regulatory Commission. (M) The Federal Highway Administration. (N) An applicable State agency or office. (O) An applicable agency or office of a local government. (3) State coordination \nIn determining additional participants under paragraph (2), the Secretary shall seek to ensure that not fewer than 1 State is invited to participate in each meeting or other activity of the Council. (4) Leadership \nThe leadership of the Council shall rotate annually among the members of the Council described in paragraph (1), or as otherwise determined by the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. (5) Funding \nNotwithstanding section 708 of division E of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the members of the Council described in paragraph (1) may enter into agreements to share the management and operational costs of the Council. (d) Coordination \nThe Council shall meet as frequently as appropriate for the purposes of coordinating— (1) the implementation of the America's Outdoor Recreation Act of 2023 , including carrying out any reports required under that Act or an amendment made by that Act; (2) recreation management policies across Federal agencies, including implementation of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); (3) the response by an agency that manages Federal recreational lands and waters to public health emergencies or other emergencies that result in disruptions to, or closures of, Federal recreational lands and waters; (4) the expenditure of funds relating to outdoor recreation on Federal recreational lands and waters, including funds made available under section 40804(b)(7) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(b)(7) ); (5) the adoption and expansion of emerging technologies on Federal recreational lands and waters; (6) research activities, including quantifying the economic impacts of recreation; (7) dissemination to the public of outdoor recreation-related information (including information relating to opportunities, reservations, accessibility, and closures), in a manner that ensures the recreation-related information is easily accessible with modern communication devices; (8) the improvement of access to Federal recreational lands and waters; and (9) the identification and engagement of partners outside the Federal Government— (A) to promote outdoor recreation; (B) to facilitate collaborative management of outdoor recreation; and (C) to provide additional resources relating to enhancing outdoor recreation opportunities. (e) Effect \nNothing in this section affects the authorities, regulations, or policies of any Federal agency described in paragraph (1) or (2) of subsection (c).", "id": "id159B7557AB0D4832A57D510A73D5AD00", "header": "Federal Interagency Council on Outdoor Recreation", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Council \nThe term Council means the Federal Interagency Council on Outdoor Recreation established under subsection (b). (2) Federal recreational lands and waters \nThe term Federal recreational lands and waters has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ).", "id": "id590479F81B5742619578BB19BCB75CCB", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "(b) Establishment \nThe Secretary shall establish an interagency council, to be known as the Federal Interagency Council on Outdoor Recreation.", "id": "id9D18E1A6467E4DB8B196755B306287DD", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Composition \n(1) In general \nThe Council shall be composed of representatives of the following departments and agencies, to be appointed by the head of the applicable department or agency: (A) The National Park Service. (B) The Bureau of Land Management. (C) The United States Fish and Wildlife Service. (D) The Bureau of Indian Affairs. (E) The Bureau of Reclamation. (F) The Forest Service. (G) The Corps of Engineers. (H) The National Oceanic and Atmospheric Administration. (2) Additional participants \nIn addition to the members described in paragraph (1), the Secretary may invite participation in the meetings or other activities of the Council from among the following: (A) The Council on Environmental Quality. (B) The Natural Resources Conservation Service. (C) Rural development programs of the Department of Agriculture. (D) The Economic Development Administration. (E) The National Travel and Tourism Office of the Department of Commerce. (F) The National Center for Chronic Disease Prevention and Health Promotion. (G) The Environmental Protection Agency. (H) The Department of Transportation. (I) The Tennessee Valley Authority. (J) The Bureau of Economic Analysis of the Department of Commerce. (K) The National Marine Fisheries Service. (L) The Federal Energy Regulatory Commission. (M) The Federal Highway Administration. (N) An applicable State agency or office. (O) An applicable agency or office of a local government. (3) State coordination \nIn determining additional participants under paragraph (2), the Secretary shall seek to ensure that not fewer than 1 State is invited to participate in each meeting or other activity of the Council. (4) Leadership \nThe leadership of the Council shall rotate annually among the members of the Council described in paragraph (1), or as otherwise determined by the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. (5) Funding \nNotwithstanding section 708 of division E of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ), the members of the Council described in paragraph (1) may enter into agreements to share the management and operational costs of the Council.", "id": "idcefa7630ea2047598e2367ede186dedc", "header": "Composition", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "(d) Coordination \nThe Council shall meet as frequently as appropriate for the purposes of coordinating— (1) the implementation of the America's Outdoor Recreation Act of 2023 , including carrying out any reports required under that Act or an amendment made by that Act; (2) recreation management policies across Federal agencies, including implementation of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); (3) the response by an agency that manages Federal recreational lands and waters to public health emergencies or other emergencies that result in disruptions to, or closures of, Federal recreational lands and waters; (4) the expenditure of funds relating to outdoor recreation on Federal recreational lands and waters, including funds made available under section 40804(b)(7) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(b)(7) ); (5) the adoption and expansion of emerging technologies on Federal recreational lands and waters; (6) research activities, including quantifying the economic impacts of recreation; (7) dissemination to the public of outdoor recreation-related information (including information relating to opportunities, reservations, accessibility, and closures), in a manner that ensures the recreation-related information is easily accessible with modern communication devices; (8) the improvement of access to Federal recreational lands and waters; and (9) the identification and engagement of partners outside the Federal Government— (A) to promote outdoor recreation; (B) to facilitate collaborative management of outdoor recreation; and (C) to provide additional resources relating to enhancing outdoor recreation opportunities.", "id": "idd76d900da9c64b6799dbc0ae6c0900cf", "header": "Coordination", "nested": [], "links": [ { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6592a(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/16/6592a" } ] }, { "text": "(e) Effect \nNothing in this section affects the authorities, regulations, or policies of any Federal agency described in paragraph (1) or (2) of subsection (c).", "id": "idCA37EF7275B24427905E6FACAD84C163", "header": "Effect", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6592a(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/16/6592a" } ] }, { "text": "143. Informing the public of access closures \n(a) In general \nThe Secretaries shall, to the extent practicable and in a timely fashion, alert the public to any closure or disruption to public campsites, trails, roads, and other public areas and access points under the jurisdiction of the applicable Secretary. (b) Online alert \nAn alert under subsection (a) shall be posted online on a public website of the appropriate land unit in a manner that— (1) ensures that the public can easily find the alert in searching for the applicable campsite, trail, road, or other access point; and (2) consolidates all alerts under subsection (a).", "id": "id65bfcdd2e3464a1f9e6870427c5a44d6", "header": "Informing the public of access closures", "nested": [ { "text": "(a) In general \nThe Secretaries shall, to the extent practicable and in a timely fashion, alert the public to any closure or disruption to public campsites, trails, roads, and other public areas and access points under the jurisdiction of the applicable Secretary.", "id": "id570e6cf8b92a423d92fae12fc8a6a86c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Online alert \nAn alert under subsection (a) shall be posted online on a public website of the appropriate land unit in a manner that— (1) ensures that the public can easily find the alert in searching for the applicable campsite, trail, road, or other access point; and (2) consolidates all alerts under subsection (a).", "id": "ide18b461d7a564c56b1b2edab6426bbfe", "header": "Online alert", "nested": [], "links": [] } ], "links": [] }, { "text": "144. Improved recreation visitation data \n(a) Consistent visitation data \n(1) Annual visitation data \nThe Secretaries shall establish a single visitation data reporting system to report accurate annual visitation data, in a consistent manner, for— (A) each unit of Federal recreational lands and waters; and (B) land held in trust for an Indian Tribe, on request of the Indian Tribe. (2) Categories of use \nWithin the visitation data reporting system established under paragraph (1), the Secretaries shall— (A) establish multiple categories of different recreation activities that are reported consistently across agencies; and (B) provide an estimate of the number of visitors for each applicable category established under subparagraph (A) for each unit of Federal recreational lands and waters. (b) Real-Time Data Pilot Program \n(1) In general \nNot later than 2 years after the date of enactment of this Act, using existing funds available to the Secretaries, the Secretaries shall carry out a pilot program, to be known as the Real-time Data Pilot Program (referred to in this section as the Pilot Program ), to make available to the public, for each unit of Federal recreational lands and waters selected for participation in the Pilot Program under paragraph (2)— (A) real-time or predictive data on visitation (including data and resources publicly available from existing nongovernmental platform) at— (i) the unit of Federal recreational lands and waters; (ii) to the extent practicable, areas within the unit of Federal recreational lands and waters; and (iii) to the extent practicable, recreation sites managed by any other Federal agency, a State agency, or a local agency that are located near the unit of Federal recreational lands and waters; and (B) through multiple media platforms, information about lesser-known, suitable recreation sites located near the unit of Federal recreational lands and waters (including recreation sites managed by any other Federal agency, a State agency, or a local agency), in an effort to encourage visitation among recreational sites. (2) Locations \n(A) Initial number of units \nOn establishment of the Pilot Program, the Secretaries shall select for participation in the Pilot Program— (i) 15 units of Federal recreational lands and waters managed by the Secretary; and (ii) 5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service). (B) Expansion \nSubject to paragraph (4), not later than 5 years after the date of enactment of this Act, the Secretaries shall expand the Pilot Program by selecting 80 additional units of Federal recreational lands and waters managed by the Secretaries for participation in the Pilot Program, not fewer than 50 of which shall be units managed by the Secretary. (C) Feedback; support of gateway communities \nThe Secretaries shall— (i) solicit feedback regarding participation in the Pilot Program from communities adjacent to units of Federal recreational lands and waters and the public; and (ii) in carrying out subparagraphs (A) and (B), select a unit of Federal recreation lands and waters to participate in the Pilot Program only if the Secretaries determine that the communities adjacent to the unit of Federal recreational lands and waters support the participation. (3) Dissemination of information \nThe Secretaries may disseminate the information described in paragraph (1) directly or through an entity or organization referred to in subsection (c). (4) Report on best practices \nBefore expanding the Pilot Program under paragraph (2)(B), the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing best practices for the Pilot Program. (c) Community partners and third-Party providers \nFor purposes of carrying out this section, the Secretary concerned may— (1) coordinate and partner with— (A) communities adjacent to units of Federal recreational lands and waters; (B) State and local outdoor recreation and tourism offices; (C) local governments; (D) Indian Tribes; (E) trade associations; (F) local outdoor recreation marketing organizations; (G) permitted facilitated recreation providers; or (H) other relevant stakeholders; and (2) coordinate or enter into agreements, as appropriate, with private sector and nonprofit partners, including— (A) technology companies; (B) geospatial data companies; (C) experts in data science, analytics, and operations research; or (D) data companies. (d) Existing programs \nThe Secretaries may use existing programs or products of the Secretaries to carry out this section. (e) Privacy clauses \nNothing in this section provides authority to the Secretaries— (1) to monitor or record the identity or movements of a visitor to a unit of Federal recreational lands and waters; (2) to restrict, interfere with, or monitor a private communication of a visitor to a unit of Federal recreational lands and waters; or (3) to collect— (A) information from owners of land adjacent to a unit of Federal recreational lands and waters; or (B) information on non-Federal land. (f) Reports \nNot later than January 1, 2025, and annually thereafter, the Secretaries shall publish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal recreational lands and waters, including, to the maximum extent practicable, visitation categorized by recreational activity.", "id": "id607D653FE5824D199194F97364E9F2FD", "header": "Improved recreation visitation data", "nested": [ { "text": "(a) Consistent visitation data \n(1) Annual visitation data \nThe Secretaries shall establish a single visitation data reporting system to report accurate annual visitation data, in a consistent manner, for— (A) each unit of Federal recreational lands and waters; and (B) land held in trust for an Indian Tribe, on request of the Indian Tribe. (2) Categories of use \nWithin the visitation data reporting system established under paragraph (1), the Secretaries shall— (A) establish multiple categories of different recreation activities that are reported consistently across agencies; and (B) provide an estimate of the number of visitors for each applicable category established under subparagraph (A) for each unit of Federal recreational lands and waters.", "id": "idd7a36067c0574ae0b91025d190c4b0cd", "header": "Consistent visitation data", "nested": [], "links": [] }, { "text": "(b) Real-Time Data Pilot Program \n(1) In general \nNot later than 2 years after the date of enactment of this Act, using existing funds available to the Secretaries, the Secretaries shall carry out a pilot program, to be known as the Real-time Data Pilot Program (referred to in this section as the Pilot Program ), to make available to the public, for each unit of Federal recreational lands and waters selected for participation in the Pilot Program under paragraph (2)— (A) real-time or predictive data on visitation (including data and resources publicly available from existing nongovernmental platform) at— (i) the unit of Federal recreational lands and waters; (ii) to the extent practicable, areas within the unit of Federal recreational lands and waters; and (iii) to the extent practicable, recreation sites managed by any other Federal agency, a State agency, or a local agency that are located near the unit of Federal recreational lands and waters; and (B) through multiple media platforms, information about lesser-known, suitable recreation sites located near the unit of Federal recreational lands and waters (including recreation sites managed by any other Federal agency, a State agency, or a local agency), in an effort to encourage visitation among recreational sites. (2) Locations \n(A) Initial number of units \nOn establishment of the Pilot Program, the Secretaries shall select for participation in the Pilot Program— (i) 15 units of Federal recreational lands and waters managed by the Secretary; and (ii) 5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service). (B) Expansion \nSubject to paragraph (4), not later than 5 years after the date of enactment of this Act, the Secretaries shall expand the Pilot Program by selecting 80 additional units of Federal recreational lands and waters managed by the Secretaries for participation in the Pilot Program, not fewer than 50 of which shall be units managed by the Secretary. (C) Feedback; support of gateway communities \nThe Secretaries shall— (i) solicit feedback regarding participation in the Pilot Program from communities adjacent to units of Federal recreational lands and waters and the public; and (ii) in carrying out subparagraphs (A) and (B), select a unit of Federal recreation lands and waters to participate in the Pilot Program only if the Secretaries determine that the communities adjacent to the unit of Federal recreational lands and waters support the participation. (3) Dissemination of information \nThe Secretaries may disseminate the information described in paragraph (1) directly or through an entity or organization referred to in subsection (c). (4) Report on best practices \nBefore expanding the Pilot Program under paragraph (2)(B), the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing best practices for the Pilot Program.", "id": "idba785e13e2604ad8b16ef3bea218c26b", "header": "Real-Time Data Pilot Program", "nested": [], "links": [] }, { "text": "(c) Community partners and third-Party providers \nFor purposes of carrying out this section, the Secretary concerned may— (1) coordinate and partner with— (A) communities adjacent to units of Federal recreational lands and waters; (B) State and local outdoor recreation and tourism offices; (C) local governments; (D) Indian Tribes; (E) trade associations; (F) local outdoor recreation marketing organizations; (G) permitted facilitated recreation providers; or (H) other relevant stakeholders; and (2) coordinate or enter into agreements, as appropriate, with private sector and nonprofit partners, including— (A) technology companies; (B) geospatial data companies; (C) experts in data science, analytics, and operations research; or (D) data companies.", "id": "idb021add6c2314000b84df6a9ec8de113", "header": "Community partners and third-Party providers", "nested": [], "links": [] }, { "text": "(d) Existing programs \nThe Secretaries may use existing programs or products of the Secretaries to carry out this section.", "id": "idca91d20ca5d0464e8a18e7031c41c573", "header": "Existing programs", "nested": [], "links": [] }, { "text": "(e) Privacy clauses \nNothing in this section provides authority to the Secretaries— (1) to monitor or record the identity or movements of a visitor to a unit of Federal recreational lands and waters; (2) to restrict, interfere with, or monitor a private communication of a visitor to a unit of Federal recreational lands and waters; or (3) to collect— (A) information from owners of land adjacent to a unit of Federal recreational lands and waters; or (B) information on non-Federal land.", "id": "iddfedd0d17d97450180292faef6704a69", "header": "Privacy clauses", "nested": [], "links": [] }, { "text": "(f) Reports \nNot later than January 1, 2025, and annually thereafter, the Secretaries shall publish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal recreational lands and waters, including, to the maximum extent practicable, visitation categorized by recreational activity.", "id": "id7c019d960fb3436ca1914b788a946e1e", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "145. Monitoring for improved recreation decision making \n(a) In general \nThe Secretaries shall seek to capture comprehensive recreation use data to better understand and inform decision making by the Secretaries. (b) Pilot protocols \nNot later than 1 year after the date of enactment of this Act, and after public notice and comment, the Secretaries shall establish pilot protocols at not fewer than 10 land management units under the jurisdiction of each of the Secretaries to model recreation use patterns (including low-use recreation activities and dispersed recreation activities) that may not be effectively measured by existing general and opportunistic survey and monitoring protocols.", "id": "ided27eff8990e42c3a6152057074eb93e", "header": "Monitoring for improved recreation decision making", "nested": [ { "text": "(a) In general \nThe Secretaries shall seek to capture comprehensive recreation use data to better understand and inform decision making by the Secretaries.", "id": "id6732e8393b784dd2b864c9b0473fc0b3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Pilot protocols \nNot later than 1 year after the date of enactment of this Act, and after public notice and comment, the Secretaries shall establish pilot protocols at not fewer than 10 land management units under the jurisdiction of each of the Secretaries to model recreation use patterns (including low-use recreation activities and dispersed recreation activities) that may not be effectively measured by existing general and opportunistic survey and monitoring protocols.", "id": "id87ea9d93ac0c495198bc6005a93c2a10", "header": "Pilot protocols", "nested": [], "links": [] } ], "links": [] }, { "text": "146. Access for servicemembers and veterans \nThe Secretaries are encouraged to work with the Secretary of Defense and the Secretary of Veterans Affairs to ensure servicemembers and veterans have access to outdoor recreation and outdoor-related volunteer and wellness programs as a part of the basic services provided to servicemembers and veterans.", "id": "idd8ab06d3ce384bfaa99b00ea0d5228ac", "header": "Access for servicemembers and veterans", "nested": [], "links": [] }, { "text": "147. Increasing youth recreation visits to Federal land \n(a) Strategy \nNot later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretaries shall develop and make public a national strategy, after public notice and comment, to increase the number of youth recreation visits to Federal land. (b) Requirements \nA strategy developed under subsection (a)— (1) shall— (A) emphasize increased recreation opportunities on Federal land for underserved youth; (B) establish objectives and quantifiable targets for increasing youth recreation visits; and (C) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (B); and (2) shall not establish any preference between similar recreation facilitated by noncommercial or commercial entities. (c) Agreements \nThe Secretaries may enter into contracts or cost-share agreements (including contracts or agreements for the acquisition of vehicles) to carry out this section.", "id": "id56fa667c116b4e46b7a0ba40c079b1a0", "header": "Increasing youth recreation visits to Federal land", "nested": [ { "text": "(a) Strategy \nNot later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretaries shall develop and make public a national strategy, after public notice and comment, to increase the number of youth recreation visits to Federal land.", "id": "id029ea5039c9d4bae805d8f72062bdbf5", "header": "Strategy", "nested": [], "links": [] }, { "text": "(b) Requirements \nA strategy developed under subsection (a)— (1) shall— (A) emphasize increased recreation opportunities on Federal land for underserved youth; (B) establish objectives and quantifiable targets for increasing youth recreation visits; and (C) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (B); and (2) shall not establish any preference between similar recreation facilitated by noncommercial or commercial entities.", "id": "id62232e31274549988490434663c7cfbf", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Agreements \nThe Secretaries may enter into contracts or cost-share agreements (including contracts or agreements for the acquisition of vehicles) to carry out this section.", "id": "id139d56e1eb3049d080312ee700931831", "header": "Agreements", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Short title \nThe Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ) is amended by striking section 801 and inserting the following: 801. Short title \nThis title may be cited as the Federal Lands Recreation Enhancement Act..", "id": "idDE6ED7C20F1B41B889FD66970479B691", "header": "Short title", "nested": [], "links": [ { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "801. Short title \nThis title may be cited as the Federal Lands Recreation Enhancement Act.", "id": "id8AEC708F7AD944AEBD4D8CC777C72A2E", "header": "Short title", "nested": [], "links": [] }, { "text": "202. Definitions \nSection 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) is amended— (1) in the matter preceding paragraph (1), by striking this Act and inserting this title ; (2) in paragraph (1), by striking section 3(f) and inserting section 803(f) ; (3) in paragraph (2), by striking section 3(g) and inserting section 803(g) ; (4) in paragraph (6), by striking section 5(a)(7) and inserting section 805(a)(7) ; (5) in paragraph (9), by striking section 5(d) and inserting section 805(d) ; (6) in paragraph (12), by striking section 7 and inserting section 807 ; (7) in paragraph (13), by striking section 3(h) and inserting section 803(h)(2) ; (8) by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13) as paragraphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), and (14), respectively, and moving the paragraphs so as to appear in numerical order; (9) by inserting after paragraph (8) (as so redesignated) the following: (9) Recreation service provider \nThe term recreation service provider means a person that provides recreational services to the public under a special recreation permit under clause (iii) or (iv) of paragraph (13)(A). ; and (10) by inserting after paragraph (12) the following: (13) Special recreation permit \n(A) In general \nThe term special recreation permit means a permit issued by a Federal land management agency for the use of Federal recreational lands and waters— (i) for a specialized recreational use not described in clause (ii), (iii), or (iv), such as— (I) an organizational camp; (II) a single event that does not require an entry or participation fee that is not strictly a sharing of expenses for the purposes of the event; and (III) participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated; (ii) for a large-group activity or event for not fewer than 75 participants; (iii) for— (I) at the discretion of the Secretary, a single organized group recreation activity or event (including an activity or event in which motorized recreational vehicles are used or in which outfitting and guiding services are used) that— (aa) is a structured or scheduled event or activity; (bb) is not competitive and is for fewer than 75 participants; (cc) may charge an entry or participation fee; (dd) involves fewer than 200 visitor-use days; and (ee) is undertaken or provided by the recreation service provider at the same site not more frequently than 3 times a year; (II) a single competitive event; or (III) at the discretion of the Secretary, a recurring organized group recreation activity (including an outfitting and guiding activity) that— (aa) is a structured or scheduled activity; (bb) is not competitive; (cc) may charge a participation fee; (dd) occurs in a group size of fewer than 7 participants; (ee) involves fewer than 40 visitor-use days; and (ff) is undertaken or provided by the recreation service provider for a term of not more than 180 days; or (iv) for— (I) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, the authorization for which is for a term of not more than 10 years; or (II) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, that occurs under a transitional special recreation permit authorized under section 312(a) of the America's Outdoor Recreation Act of 2023. (B) Exclusions \nThe term special recreation permit does not include— (i) a concession contract for the provision of accommodations, facilities, or services; (ii) a commercial use authorization issued under section 101925 of title 54, United States Code; or (iii) any other type of permit, including a special use permit administered by the National Park Service..", "id": "id32bba9d4a31247ee936367e930214722", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "203. Special recreation permits and fees \n(a) In general \nSection 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) is amended— (1) by striking this Act each place it appears and inserting this title ; (2) in subsection (b)(5), by striking section 4(d) and inserting section 804(d) ; and (3) by striking subsection (h) and inserting the following: (h) Special recreation permits and fees \n(1) Special recreation permits \n(A) Applications \nThe Secretary— (i) may develop and make available to the public an application to obtain a special recreation permit described in clause (i) of section 802(13)(A); and (ii) shall develop and make available to the public an application to obtain a special recreation permit described in clause (ii), (iii), or (iv) of section 802(13)(A). (B) Issuance of permits \nOn review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary. (C) Incidental sales \nA special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters. (2) Special recreation permit fees \n(A) In general \nThe Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph. (B) Predetermined special recreation permit fees \n(i) In general \nFor purposes of subparagraphs (D) and (E), the Secretary shall establish and may charge a predetermined fee, described in clause (ii), for a special recreation permit described in clause (iii) or (iv) of section 802(13)(A) for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause (iii). (ii) Type of fee \nA predetermined fee described in clause (i) shall be— (I) a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or (II) an amount assessed per visitor-use day. (iii) Criteria \nA predetermined fee under clause (i) shall— (I) have been established before the date of enactment of the America's Outdoor Recreation Act of 2023 ; (II) be established after the date of enactment of the America's Outdoor Recreation Act of 2023 , in accordance with subsection (b); (III) (aa) be established after the date of enactment of the America's Outdoor Recreation Act of 2023 ; and (bb) be comparable to an amount described in subparagraph (D)(ii) or (E)(ii), as applicable; or (IV) beginning on the date that is 2 years after the date of enactment of the America's Outdoor Recreation Act of 2023 , be $6 per visitor-use day in instances in which the Secretary has not established a predetermined fee under subclause (I), (II), or (III). (C) Calculation of fees for specialized recreational uses and large-group activities or events \nThe Secretary may, at the discretion of the Secretary, establish and charge a fee for a special recreation permit described in clause (i) or (ii) of section 802(13)(A). (D) Calculation of fees for single organized group recreation activities or events, competitive events, and certain recurring organized group recreation activities \nIf the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iii), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— (i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but to not to exceed 5 percent of, adjusted gross receipts calculated under subparagraph (F). (E) Calculation of fees for transitional permits and long-term permits \nSubject to subparagraph (G), if the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iv), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— (i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but not to exceed 3 percent of, adjusted gross receipts calculated under subparagraph (F). (F) Adjusted gross receipts \nFor the purposes of subparagraphs (D)(ii) and (E)(ii), the Secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit, using either of the following calculations, based on the election of the recreation service provider: (i) The sum of— (I) the product obtained by multiplying— (aa) the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event (excluding amounts related to goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider); and (bb) the quotient obtained by dividing— (AA) the number of days of the trip or event that occurred on Federal recreational lands and waters covered by the special recreation permit, rounded to the nearest whole day; by (BB) the total number of days of the trip or event; and (II) the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit. (ii) The difference between— (I) the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and (II) the sum of— (aa) the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event; (bb) the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and (cc) the amount of any revenues from any service provided by a recreation service provider for an activity on Federal recreational lands and waters that is not covered by the special recreation permit. (G) Exception \nNotwithstanding subparagraph (E), the Secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section 802(13)(A)(iv). (H) Savings clauses \n(i) Effect \nNothing in this paragraph affects any fee for— (I) a concession contract administered by the National Park Service for the provision of accommodations, facilities, or services; or (II) a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service. (ii) Cost recovery \nNothing in this paragraph affects the ability of the Secretary to recover any administrative costs under section 325 of the America's Outdoor Recreation Act of 2023. (iii) Special recreation permit fees and other recreation fees \nThe collection of a special recreation permit fee under this paragraph shall not affect the authority of the Secretary to collect an entrance fee, a standard amenity recreation fee, or an expanded amenity recreation fee authorized under subsections (e), (f), and (g). (i) Disclosure of recreation fees and use of recreation fees \n(1) Notice of entrance fees, standard amenity recreation fees, expanded amenity recreation fees, and available recreation passes \n(A) In general \nThe Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, expanded amenity recreation fee, and available recreation passes at appropriate locations in each unit or area of Federal recreational land and waters at which an entrance fee, standard amenity recreation fee, or expanded amenity recreation fee is charged. (B) Publications \nThe Secretary shall include in publications distributed at a unit or area or described in subparagraph (A) the notice described in that subparagraph. (2) Notice of uses of recreation fees \nBeginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of— (A) the total recreation fees collected during each of the 2 preceding fiscal years at the respective unit or area of the Federal land management agency; and (B) each use during the preceding fiscal year of the applicable recreation fee or recreation pass revenues collected under this section. (3) Notice of recreation fee projects \nTo the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section. (4) Centralized reporting on agency websites \n(A) In general \nNot later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section. (B) List components \nThe list required under subparagraph (A) shall include, with respect to each use described in that subparagraph— (i) a title and description of the overall project; (ii) a title and description for each component of the project; (iii) the location of the project; and (iv) the amount obligated for the project. (5) Notice to customers \nA recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section.. (b) Conforming amendment \nSection 804 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6803 ) is amended by striking subsection (e).", "id": "id0a82d8767a5341ff9e9e88564ed6a375", "header": "Special recreation permits and fees", "nested": [ { "text": "(a) In general \nSection 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) is amended— (1) by striking this Act each place it appears and inserting this title ; (2) in subsection (b)(5), by striking section 4(d) and inserting section 804(d) ; and (3) by striking subsection (h) and inserting the following: (h) Special recreation permits and fees \n(1) Special recreation permits \n(A) Applications \nThe Secretary— (i) may develop and make available to the public an application to obtain a special recreation permit described in clause (i) of section 802(13)(A); and (ii) shall develop and make available to the public an application to obtain a special recreation permit described in clause (ii), (iii), or (iv) of section 802(13)(A). (B) Issuance of permits \nOn review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary. (C) Incidental sales \nA special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters. (2) Special recreation permit fees \n(A) In general \nThe Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph. (B) Predetermined special recreation permit fees \n(i) In general \nFor purposes of subparagraphs (D) and (E), the Secretary shall establish and may charge a predetermined fee, described in clause (ii), for a special recreation permit described in clause (iii) or (iv) of section 802(13)(A) for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause (iii). (ii) Type of fee \nA predetermined fee described in clause (i) shall be— (I) a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or (II) an amount assessed per visitor-use day. (iii) Criteria \nA predetermined fee under clause (i) shall— (I) have been established before the date of enactment of the America's Outdoor Recreation Act of 2023 ; (II) be established after the date of enactment of the America's Outdoor Recreation Act of 2023 , in accordance with subsection (b); (III) (aa) be established after the date of enactment of the America's Outdoor Recreation Act of 2023 ; and (bb) be comparable to an amount described in subparagraph (D)(ii) or (E)(ii), as applicable; or (IV) beginning on the date that is 2 years after the date of enactment of the America's Outdoor Recreation Act of 2023 , be $6 per visitor-use day in instances in which the Secretary has not established a predetermined fee under subclause (I), (II), or (III). (C) Calculation of fees for specialized recreational uses and large-group activities or events \nThe Secretary may, at the discretion of the Secretary, establish and charge a fee for a special recreation permit described in clause (i) or (ii) of section 802(13)(A). (D) Calculation of fees for single organized group recreation activities or events, competitive events, and certain recurring organized group recreation activities \nIf the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iii), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— (i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but to not to exceed 5 percent of, adjusted gross receipts calculated under subparagraph (F). (E) Calculation of fees for transitional permits and long-term permits \nSubject to subparagraph (G), if the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iv), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— (i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but not to exceed 3 percent of, adjusted gross receipts calculated under subparagraph (F). (F) Adjusted gross receipts \nFor the purposes of subparagraphs (D)(ii) and (E)(ii), the Secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit, using either of the following calculations, based on the election of the recreation service provider: (i) The sum of— (I) the product obtained by multiplying— (aa) the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event (excluding amounts related to goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider); and (bb) the quotient obtained by dividing— (AA) the number of days of the trip or event that occurred on Federal recreational lands and waters covered by the special recreation permit, rounded to the nearest whole day; by (BB) the total number of days of the trip or event; and (II) the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit. (ii) The difference between— (I) the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and (II) the sum of— (aa) the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event; (bb) the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and (cc) the amount of any revenues from any service provided by a recreation service provider for an activity on Federal recreational lands and waters that is not covered by the special recreation permit. (G) Exception \nNotwithstanding subparagraph (E), the Secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section 802(13)(A)(iv). (H) Savings clauses \n(i) Effect \nNothing in this paragraph affects any fee for— (I) a concession contract administered by the National Park Service for the provision of accommodations, facilities, or services; or (II) a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service. (ii) Cost recovery \nNothing in this paragraph affects the ability of the Secretary to recover any administrative costs under section 325 of the America's Outdoor Recreation Act of 2023. (iii) Special recreation permit fees and other recreation fees \nThe collection of a special recreation permit fee under this paragraph shall not affect the authority of the Secretary to collect an entrance fee, a standard amenity recreation fee, or an expanded amenity recreation fee authorized under subsections (e), (f), and (g). (i) Disclosure of recreation fees and use of recreation fees \n(1) Notice of entrance fees, standard amenity recreation fees, expanded amenity recreation fees, and available recreation passes \n(A) In general \nThe Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, expanded amenity recreation fee, and available recreation passes at appropriate locations in each unit or area of Federal recreational land and waters at which an entrance fee, standard amenity recreation fee, or expanded amenity recreation fee is charged. (B) Publications \nThe Secretary shall include in publications distributed at a unit or area or described in subparagraph (A) the notice described in that subparagraph. (2) Notice of uses of recreation fees \nBeginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of— (A) the total recreation fees collected during each of the 2 preceding fiscal years at the respective unit or area of the Federal land management agency; and (B) each use during the preceding fiscal year of the applicable recreation fee or recreation pass revenues collected under this section. (3) Notice of recreation fee projects \nTo the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section. (4) Centralized reporting on agency websites \n(A) In general \nNot later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section. (B) List components \nThe list required under subparagraph (A) shall include, with respect to each use described in that subparagraph— (i) a title and description of the overall project; (ii) a title and description for each component of the project; (iii) the location of the project; and (iv) the amount obligated for the project. (5) Notice to customers \nA recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section..", "id": "id715E44EB042F42528A089827D10844B8", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(b) Conforming amendment \nSection 804 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6803 ) is amended by striking subsection (e).", "id": "id9486980b3c6749b9ab8f35bacd39b6c0", "header": "Conforming amendment", "nested": [], "links": [ { "text": "16 U.S.C. 6803", "legal-doc": "usc", "parsable-cite": "usc/16/6803" } ] } ], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" }, { "text": "16 U.S.C. 6803", "legal-doc": "usc", "parsable-cite": "usc/16/6803" } ] }, { "text": "204. Online collection of certain recreation fees \nSection 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)) is amended by adding at the end the following: (j) Online payments \n(1) In general \nIn addition to providing onsite payment methods, the Secretaries may collect payment online for— (A) entrance fees under subsection (e); (B) standard amenity recreation fees; (C) expanded amenity recreation fees; and (D) special recreation permit fees. (2) Distribution of online payments \nAn online payment collected under paragraph (1) that is associated with a specific unit or area of a Federal land management agency shall be distributed in accordance with section 805(c)..", "id": "id92c4d89ae70c42dc88926ad89099b937", "header": "Online collection of certain recreation fees", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "205. Online purchases and establishment of a digital version of America the Beautiful—the National Parks and Federal Recreational Lands Passes \nSection 805(a) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6804(a) ) is amended— (1) in paragraph (6), by striking subparagraph (A) and inserting the following: (A) In general \nThe Secretaries shall sell the National Parks and Federal Recreational Lands Pass— (i) at all Federal recreational lands and waters at which— (I) an entrance fee or a standard amenity recreation fee is charged; and (II) such sales are feasible; (ii) at such other locations as the Secretaries determine to be appropriate and feasible; and (iii) through the website of each of the Federal land management agencies and the websites of the relevant units and subunits of the Federal land management agencies, which shall include— (I) a prominent link on each website; and (II) information about where and when the National Parks and Federal Recreational Lands Pass may be used. ; and (2) by adding at the end the following: (10) Digital recreation passes \nBy not later than January 1, 2026, the Secretaries shall— (A) establish a digital version of the National Parks and Federal Recreational Lands Pass that is able to be stored on a mobile device; and (B) on the completion of a sale carried out under paragraph (6)(A)(iii), make available to the passholder the digital version of the National Parks and Federal Recreational Lands Pass established under subparagraph (A)..", "id": "id49dd81a0d912405dbcdd954707c5c5d1", "header": "Online purchases and establishment of a digital version of America the Beautiful—the National Parks and Federal Recreational Lands Passes", "nested": [], "links": [ { "text": "16 U.S.C. 6804(a)", "legal-doc": "usc", "parsable-cite": "usc/16/6804" } ] }, { "text": "206. Availability of Federal, State, and local recreation passes \nSection 806 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6805 ) is amended by adding at the end the following: (d) Federal sales of State and county recreation passes \n(1) In general \nOn receipt of a request by a State or county, the Secretaries may, on behalf of the State or county— (A) sell a pass covering a fee charged by a State or county for entrance to, or recreational use of, a park or public land in the State or county; and (B) collect any required fees for a pass sold under subparagraph (A). (2) Revenue from pass sales \nThe Secretaries shall transfer to the applicable State or county any amounts collected on behalf of the State or county under paragraph (1)(B). (e) Coordinating the sales of Federal, State, and local recreation passes \nThe Secretaries, in consultation with States and counties, shall seek to coordinate the availability of Federal, State, and county recreation passes to allow an individual to purchase a Federal recreation pass and a State or county recreation pass in a single transaction..", "id": "id57af4f1cdc9d4808b217f4853116ec48", "header": "Availability of Federal, State, and local recreation passes", "nested": [], "links": [ { "text": "16 U.S.C. 6805", "legal-doc": "usc", "parsable-cite": "usc/16/6805" } ] }, { "text": "207. Use of special recreation permit fee revenue \nSection 808 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6807 ) is amended— (1) by striking this Act each place it appears and inserting this title ; (2) in subsection (a)(3)— (A) in subparagraph (E), by striking and at the end; (B) in subparagraph (F), by striking 6(a) or a visitor reservation service. and inserting 806(a) or a visitor reservation service; ; and (C) by adding at the end the following: (G) the processing of special recreation permit applications and administration of special recreation permits; and (H) the improvement of the operation of the special recreation permit program under section 803(h). ; and (3) in subsection (d)— (A) in paragraph (1), by striking section 5 and inserting section 805 ; and (B) in paragraph (2), by striking section 5 and inserting section 805.", "id": "id96fa5105c24f4cae95b284737023ae64", "header": "Use of special recreation permit fee revenue", "nested": [], "links": [ { "text": "16 U.S.C. 6807", "legal-doc": "usc", "parsable-cite": "usc/16/6807" } ] }, { "text": "208. Permanent authorization \nThe Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ) is amended— (1) by striking section 810; and (2) by redesignating sections 811 through 815 as sections 810 through 814, respectively.", "id": "id506036dc303a444192081dc9c91e58fb", "header": "Permanent authorization", "nested": [], "links": [ { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "311. Permit administration \n(a) Permit availability \n(1) Notifications of permit availability \n(A) In general \nExcept as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned has determined that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish the information on the website of the agency that administers the applicable area of Federal recreational lands and waters. (B) Effect \nNothing in this paragraph— (i) applies to— (I) the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or (II) the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of— (aa) a recreation service provider that is the holder of an existing special recreation permit; or (bb) a holder of an existing commercial use authorization for outfitting and guiding; or (ii) creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned— (I) to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or (II) to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding. (2) Updates \nThe Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public. (3) Electronic mail notifications \nThe Secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)) or commercial use authorizations for outfitting and guiding. (b) Permit application or proposal acknowledgments \n(1) In general \nNot later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), the Secretary concerned shall— (A) provide to the applicant notice acknowledging receipt of the application or proposal; and (B) (i) issue a final decision with respect to the application or proposal; or (ii) provide to the applicant notice of a projected date for a final decision on the application or proposal. (2) Effect \nNothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.", "id": "id5542f4443dc84fa4aad496be912a5bb3", "header": "Permit administration", "nested": [ { "text": "(a) Permit availability \n(1) Notifications of permit availability \n(A) In general \nExcept as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned has determined that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish the information on the website of the agency that administers the applicable area of Federal recreational lands and waters. (B) Effect \nNothing in this paragraph— (i) applies to— (I) the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or (II) the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of— (aa) a recreation service provider that is the holder of an existing special recreation permit; or (bb) a holder of an existing commercial use authorization for outfitting and guiding; or (ii) creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned— (I) to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or (II) to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding. (2) Updates \nThe Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public. (3) Electronic mail notifications \nThe Secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)) or commercial use authorizations for outfitting and guiding.", "id": "idda7fb8dc1d5b41b79fd5767cc6b6ca1d", "header": "Permit availability", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(b) Permit application or proposal acknowledgments \n(1) In general \nNot later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), the Secretary concerned shall— (A) provide to the applicant notice acknowledging receipt of the application or proposal; and (B) (i) issue a final decision with respect to the application or proposal; or (ii) provide to the applicant notice of a projected date for a final decision on the application or proposal. (2) Effect \nNothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.", "id": "id745cdcd5f2f74313859fea6fac7481dc", "header": "Permit application or proposal acknowledgments", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] } ], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" }, { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "312. Forest Service and Bureau of Land Management transitional special recreation permits for outfitting and guiding \n(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary concerned shall implement a program to authorize the issuance of transitional special recreation permits for a new or additional reoccurring outfitting, guiding, or other recreation service, as determined by the Secretary concerned, on Federal recreational lands and waters managed by the Chief of the Forest Service or the Director of the Bureau of Land Management. (b) Term of transitional permits for outfitting and guiding \nA transitional special recreation permit issued under subsection (a) shall be issued for a term of 2 years. (c) Issuance of long-Term permits for outfitting and guiding \n(1) In general \nOn the request of a recreation service provider that holds a transitional special recreation permit under the program implemented under subsection (a), the Secretary concerned shall provide for the issuance of a long-term special recreation permit for outfitting and guiding to replace the transitional special recreation permit if the Secretary concerned determines that the recreation service provider— (A) has held not less than 2 transitional special recreation permits or similar permits issued under— (i) the program implemented under subsection (a); or (ii) any other program to issue similar special recreation permits in existence before the date of enactment of this Act; (B) during the 3-year period preceding the request, has not been determined to have a performance that is less than satisfactory, as determined under the monitoring process described in section 314(a), for any transitional special recreation permits or similar special recreation permits issued by the Secretary concerned, including the transitional special recreation permit proposed to be replaced, for the respective unit of Federal recreational lands and waters; and (C) notwithstanding section 314(b)(3), has used not less than 50 percent of the visitor-use days allocated to the recreation service provider under the transitional special recreation permit. (2) Term \nThe term of a long-term special recreation permit under this subsection issued to replace a transitional special recreation permit under paragraph (1) shall be for a period of 5 or 10 years, as determined to be appropriate by the Secretary concerned. (3) Visitor-use day allocations \nIn replacing a transitional special recreation permit under paragraph (1) with a long-term special recreation permit for outfitting and guiding, the Secretary concerned may, at the discretion of the Secretary concerned, increase the number of visitor-use days allocated to the recreation service provider under the long-term special recreation permit for outfitting and guiding. (d) Effect \nNothing in this section alters or affects the authority of the Secretary concerned to issue a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)).", "id": "id1704d6d85c1f48fca40cb2468fdd048e", "header": "Forest Service and Bureau of Land Management transitional special recreation permits for outfitting and guiding", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary concerned shall implement a program to authorize the issuance of transitional special recreation permits for a new or additional reoccurring outfitting, guiding, or other recreation service, as determined by the Secretary concerned, on Federal recreational lands and waters managed by the Chief of the Forest Service or the Director of the Bureau of Land Management.", "id": "id20cb8ba513e648aaba5d42d2a9459abd", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Term of transitional permits for outfitting and guiding \nA transitional special recreation permit issued under subsection (a) shall be issued for a term of 2 years.", "id": "id9bbd8368f14148718226b174ea6219b0", "header": "Term of transitional permits for outfitting and guiding", "nested": [], "links": [] }, { "text": "(c) Issuance of long-Term permits for outfitting and guiding \n(1) In general \nOn the request of a recreation service provider that holds a transitional special recreation permit under the program implemented under subsection (a), the Secretary concerned shall provide for the issuance of a long-term special recreation permit for outfitting and guiding to replace the transitional special recreation permit if the Secretary concerned determines that the recreation service provider— (A) has held not less than 2 transitional special recreation permits or similar permits issued under— (i) the program implemented under subsection (a); or (ii) any other program to issue similar special recreation permits in existence before the date of enactment of this Act; (B) during the 3-year period preceding the request, has not been determined to have a performance that is less than satisfactory, as determined under the monitoring process described in section 314(a), for any transitional special recreation permits or similar special recreation permits issued by the Secretary concerned, including the transitional special recreation permit proposed to be replaced, for the respective unit of Federal recreational lands and waters; and (C) notwithstanding section 314(b)(3), has used not less than 50 percent of the visitor-use days allocated to the recreation service provider under the transitional special recreation permit. (2) Term \nThe term of a long-term special recreation permit under this subsection issued to replace a transitional special recreation permit under paragraph (1) shall be for a period of 5 or 10 years, as determined to be appropriate by the Secretary concerned. (3) Visitor-use day allocations \nIn replacing a transitional special recreation permit under paragraph (1) with a long-term special recreation permit for outfitting and guiding, the Secretary concerned may, at the discretion of the Secretary concerned, increase the number of visitor-use days allocated to the recreation service provider under the long-term special recreation permit for outfitting and guiding.", "id": "idb50417b95ef14acb8695834c9e9d51ff", "header": "Issuance of long-Term permits for outfitting and guiding", "nested": [], "links": [] }, { "text": "(d) Effect \nNothing in this section alters or affects the authority of the Secretary concerned to issue a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)).", "id": "id3a030fd5c5da4e2c958bc57d17bb3ef2", "header": "Effect", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] } ], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "313. Surrender of unused visitor-use days \n(a) In general \nA recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) may— (1) notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and (2) surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 315(b). (b) Determination \nTo ensure a recreation service provider described in subsection (a) is able to make an informed decision before surrendering any unused visitor-use day under subsection (a)(2), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 314(b)(3)(B) before the recreation service provider surrenders the unused visitor-use day.", "id": "id871cd705e2ae4ec7b5819689c9d86ea6", "header": "Surrender of unused visitor-use days", "nested": [ { "text": "(a) In general \nA recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) may— (1) notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and (2) surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 315(b).", "id": "id18a883af621e497d8fd547763e74cd02", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "(b) Determination \nTo ensure a recreation service provider described in subsection (a) is able to make an informed decision before surrendering any unused visitor-use day under subsection (a)(2), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 314(b)(3)(B) before the recreation service provider surrenders the unused visitor-use day.", "id": "id9254ba068f154446945e189218946f56", "header": "Determination", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "314. Reviews for transitional permits and long-term permits \n(a) Monitoring \nThe Secretary concerned shall monitor for compliance a recreation service provider— (1) annually, in the case of a transitional special recreation permit for outfitting and guiding issued under section 312; (2) once every 2 years, in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) that is issued for a term of 10 years; (3) in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 10 years, during each of the 4th, 6th, 8th, and 10th years in which the long-term special recreation permit is in effect; and (4) in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 5 years, during each of the 4th and 5th years in which the special recreation permit is in effect. (b) Use-of-Allocation reviews \n(1) In general \nIf the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, allocates visitor-use days among special recreation permits for outfitting and guiding, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated— (A) under a transitional special recreation permit issued under section 312, not later than 90 days before the date on which the transitional special recreation permit expires; and (B) under a long-term special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), once every 5 years. (2) Requirements of the review \nIn conducting a review under paragraph (1), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall determine— (A) the number of visitor-use days that the recreation service provider has used each year under the transitional special recreation permit or the special recreation permit, in accordance with paragraph (3); and (B) of the years identified under subparagraph (A), the year in which the recreation service provider used the most visitor-use days. (3) Consideration of surrendered, unused visitor-use days \nFor the purposes of determining the number of visitor-use days a recreation service provider has used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under section 313(a)(2) as— (A) 1/2 of a visitor-use day used; or (B) 1 visitor-use day used, if the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider.", "id": "id7d2292fb7a3847b3a7b06fa814c22b6c", "header": "Reviews for transitional permits and long-term permits", "nested": [ { "text": "(a) Monitoring \nThe Secretary concerned shall monitor for compliance a recreation service provider— (1) annually, in the case of a transitional special recreation permit for outfitting and guiding issued under section 312; (2) once every 2 years, in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) that is issued for a term of 10 years; (3) in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 10 years, during each of the 4th, 6th, 8th, and 10th years in which the long-term special recreation permit is in effect; and (4) in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 5 years, during each of the 4th and 5th years in which the special recreation permit is in effect.", "id": "id00ae8d3234c7423f864eb26163a5972b", "header": "Monitoring", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "(b) Use-of-Allocation reviews \n(1) In general \nIf the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, allocates visitor-use days among special recreation permits for outfitting and guiding, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated— (A) under a transitional special recreation permit issued under section 312, not later than 90 days before the date on which the transitional special recreation permit expires; and (B) under a long-term special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), once every 5 years. (2) Requirements of the review \nIn conducting a review under paragraph (1), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall determine— (A) the number of visitor-use days that the recreation service provider has used each year under the transitional special recreation permit or the special recreation permit, in accordance with paragraph (3); and (B) of the years identified under subparagraph (A), the year in which the recreation service provider used the most visitor-use days. (3) Consideration of surrendered, unused visitor-use days \nFor the purposes of determining the number of visitor-use days a recreation service provider has used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under section 313(a)(2) as— (A) 1/2 of a visitor-use day used; or (B) 1 visitor-use day used, if the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider.", "id": "id2fabad6177a2439196879f09c5456c08", "header": "Use-of-Allocation reviews", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] } ], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "315. Adjustment of allocated visitor-use days \n(a) Adjustments following use of allocation reviews \nOn the completion of a use-of-allocation review of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) conducted under section 314(b), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows: (1) If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection (a) of section 314, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued. (2) If the Secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection (a) of section 314, the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section. (b) Temporary reassignment of unused visitor-Use days \nThe Secretary concerned may temporarily assign unused visitor-use days, made available under section 313(a)(2) to— (1) any other existing or potential recreation service provider, notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider; or (2) any existing or potential holder of a special recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), including the public. (c) Additional capacity \nIf unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider.", "id": "id9172c1ae2faa4695acb98aa40889dfb7", "header": "Adjustment of allocated visitor-use days", "nested": [ { "text": "(a) Adjustments following use of allocation reviews \nOn the completion of a use-of-allocation review of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) conducted under section 314(b), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows: (1) If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection (a) of section 314, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued. (2) If the Secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection (a) of section 314, the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section.", "id": "idf562973dc31544ababa1f0cc392251d1", "header": "Adjustments following use of allocation reviews", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "(b) Temporary reassignment of unused visitor-Use days \nThe Secretary concerned may temporarily assign unused visitor-use days, made available under section 313(a)(2) to— (1) any other existing or potential recreation service provider, notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider; or (2) any existing or potential holder of a special recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), including the public.", "id": "ida8d4932320a645f6853391c9e0fa0d13", "header": "Temporary reassignment of unused visitor-Use days", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "(c) Additional capacity \nIf unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider.", "id": "id487d9694ee6242c1a29f7af08d48625b", "header": "Additional capacity", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "321. Permitting process improvements \n(a) In general \nTo simplify the process of the issuance and reissuance of special recreation permits and reduce the cost of administering special recreation permits under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), the Secretaries shall— (1) during the period beginning on January 1, 2021, and ending on January 1, 2025— (A) evaluate the process for issuing special recreation permits; and (B) based on the evaluation under subparagraph (A), identify opportunities— (i) to eliminate duplicative processes with respect to issuing special recreation permits; (ii) to reduce costs for the issuance of special recreation permits; (iii) to decrease processing times for special recreation permits; and (iv) to issue simplified special recreation permits, including special recreation permits for an organized group recreation activity or event under subsection (e); and (2) not later than 1 year after the date on which the Secretaries complete the evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and guidance documents, including regulations and guidance documents relating to the environmental review process, for special recreation permits to implement the improvements identified under paragraph (1)(B). (b) Environmental reviews \n(1) In general \nThe Secretary concerned shall, to the maximum extent practicable, utilize available tools, including tiering to existing programmatic reviews, as appropriate, to facilitate an effective and efficient environmental review process for activities undertaken by the Secretary concerned relating to the issuance of special recreation permits. (2) Categorical exclusions \nNot later than 1 year after the date of enactment of this Act, the Secretary concerned shall— (A) evaluate— (i) whether existing categorical exclusions available to the Secretary concerned on the date of enactment of this Act are consistent with the provisions of this Act; and (ii) whether a modification of an existing categorical exclusion or the establishment of 1 or more new categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is necessary to undertake an activity described in paragraph (1) in a manner consistent with the authorities and requirements in this Act; and (B) revise relevant agency regulations and policy statements, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on the evaluation conducted under subparagraph (A). (c) Needs assessments \nExcept as required under subsection (c) or (d) of section 4 of the Wilderness Act ( 16 U.S.C. 1133 ), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)). (d) Online applications \nUsing funds made available to the Secretaries, not later than 3 years after the date of enactment of this Act, the Secretaries shall make the application for a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), including a reissuance of a special recreation permit under that section, available for completion and submission— (1) online; (2) by mail or electronic mail; and (3) in person at the field office for the applicable Federal recreational lands and waters. (e) Special recreation permits for an organized group recreation activity or event \n(1) Definitions \nIn this subsection: (A) Special recreation permit for an organized group recreation activity or event \nThe term special recreation permit for an organized group recreation activity or event means a special recreation permit described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)). (B) Youth group \nThe term youth group means a recreation service provider that predominantly serves individuals not older than 25 years of age. (2) Exemption from certain allocations of use \nIf the Secretary concerned allocates visitor-use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days. (3) Issuance \nIn accordance with paragraphs (5) and (6), if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be undertaken, on request of a recreation service provider (including a youth group) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), the Secretary concerned— (A) shall make a nominal effects determination to determine whether the proposed activity or event would have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (B) (i) shall not require a recreation service provider (including a youth group) to obtain a special recreation permit for an organized group recreation activity or event if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; (ii) in the case of an organized group recreation activity or event described in subclause (I) of that paragraph, may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; (iii) in the case of an organized group recreation activity or event described in subclause (III) of that paragraph, shall issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; and (iv) may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs. (4) Fees \nThe Secretary concerned may elect not to charge a fee to a recreation service provider (including a youth group) for a special recreation permit for an organized group recreation activity or event. (5) Savings clause \nNothing in this subsection prevents the Secretary concerned from limiting or abating the allowance of a proposed activity or event under paragraph (3)(B)(i) or the issuance of a special recreation permit for an organized group recreation activity or event, based on resource conditions, administrative burdens, or safety issues. (6) Qualifications \nA special recreation permit for an organized group recreation activity or event issued under paragraph (3) shall be subject to the health and safety standards required by the Secretary concerned for a permit issued under paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)).", "id": "idd13e61eb7f0a411d856d6cd5e4caf4bf", "header": "Permitting process improvements", "nested": [ { "text": "(a) In general \nTo simplify the process of the issuance and reissuance of special recreation permits and reduce the cost of administering special recreation permits under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), the Secretaries shall— (1) during the period beginning on January 1, 2021, and ending on January 1, 2025— (A) evaluate the process for issuing special recreation permits; and (B) based on the evaluation under subparagraph (A), identify opportunities— (i) to eliminate duplicative processes with respect to issuing special recreation permits; (ii) to reduce costs for the issuance of special recreation permits; (iii) to decrease processing times for special recreation permits; and (iv) to issue simplified special recreation permits, including special recreation permits for an organized group recreation activity or event under subsection (e); and (2) not later than 1 year after the date on which the Secretaries complete the evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and guidance documents, including regulations and guidance documents relating to the environmental review process, for special recreation permits to implement the improvements identified under paragraph (1)(B).", "id": "id7f477023896f408f9453d0e41e03cbe8", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(b) Environmental reviews \n(1) In general \nThe Secretary concerned shall, to the maximum extent practicable, utilize available tools, including tiering to existing programmatic reviews, as appropriate, to facilitate an effective and efficient environmental review process for activities undertaken by the Secretary concerned relating to the issuance of special recreation permits. (2) Categorical exclusions \nNot later than 1 year after the date of enactment of this Act, the Secretary concerned shall— (A) evaluate— (i) whether existing categorical exclusions available to the Secretary concerned on the date of enactment of this Act are consistent with the provisions of this Act; and (ii) whether a modification of an existing categorical exclusion or the establishment of 1 or more new categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is necessary to undertake an activity described in paragraph (1) in a manner consistent with the authorities and requirements in this Act; and (B) revise relevant agency regulations and policy statements, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on the evaluation conducted under subparagraph (A).", "id": "id004c1102b14942498e52601f2d7f5dbb", "header": "Environmental reviews", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(c) Needs assessments \nExcept as required under subsection (c) or (d) of section 4 of the Wilderness Act ( 16 U.S.C. 1133 ), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)).", "id": "idf01aa91d7f3048a2bc8b665751466a4b", "header": "Needs assessments", "nested": [], "links": [ { "text": "16 U.S.C. 1133", "legal-doc": "usc", "parsable-cite": "usc/16/1133" }, { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(d) Online applications \nUsing funds made available to the Secretaries, not later than 3 years after the date of enactment of this Act, the Secretaries shall make the application for a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), including a reissuance of a special recreation permit under that section, available for completion and submission— (1) online; (2) by mail or electronic mail; and (3) in person at the field office for the applicable Federal recreational lands and waters.", "id": "id4d1741032ee943c6806351aece0698e8", "header": "Online applications", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(e) Special recreation permits for an organized group recreation activity or event \n(1) Definitions \nIn this subsection: (A) Special recreation permit for an organized group recreation activity or event \nThe term special recreation permit for an organized group recreation activity or event means a special recreation permit described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)). (B) Youth group \nThe term youth group means a recreation service provider that predominantly serves individuals not older than 25 years of age. (2) Exemption from certain allocations of use \nIf the Secretary concerned allocates visitor-use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days. (3) Issuance \nIn accordance with paragraphs (5) and (6), if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be undertaken, on request of a recreation service provider (including a youth group) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)), the Secretary concerned— (A) shall make a nominal effects determination to determine whether the proposed activity or event would have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (B) (i) shall not require a recreation service provider (including a youth group) to obtain a special recreation permit for an organized group recreation activity or event if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; (ii) in the case of an organized group recreation activity or event described in subclause (I) of that paragraph, may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; (iii) in the case of an organized group recreation activity or event described in subclause (III) of that paragraph, shall issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; and (iv) may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs. (4) Fees \nThe Secretary concerned may elect not to charge a fee to a recreation service provider (including a youth group) for a special recreation permit for an organized group recreation activity or event. (5) Savings clause \nNothing in this subsection prevents the Secretary concerned from limiting or abating the allowance of a proposed activity or event under paragraph (3)(B)(i) or the issuance of a special recreation permit for an organized group recreation activity or event, based on resource conditions, administrative burdens, or safety issues. (6) Qualifications \nA special recreation permit for an organized group recreation activity or event issued under paragraph (3) shall be subject to the health and safety standards required by the Secretary concerned for a permit issued under paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)).", "id": "idae49b76c6c494448aaa4fc8ece7db25c", "header": "Special recreation permits for an organized group recreation activity or event", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] } ], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1133", "legal-doc": "usc", "parsable-cite": "usc/16/1133" }, { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" }, { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "322. Service First Initiative and multijurisdictional trips \n(a) Repeal \nSection 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 43 U.S.C. 1703 ), is repealed. (b) Cooperative action and sharing of resources by the Secretaries of the Interior and Agriculture \n(1) In general \nFor fiscal year 2012 and each fiscal year thereafter, the Secretaries, subject to annual review of Congress, may carry out an initiative, to be known as the Service First Initiative , under which the Secretaries and agencies and bureaus within the Department of the Interior and the Department of Agriculture— (A) may establish programs to conduct projects, planning, permitting, leasing, contracting, and other activities, either jointly or on behalf of one another; (B) may co-locate in Federal offices and facilities leased by an agency of the Department of the Interior or the Department of Agriculture; and (C) may issue special rules to test the feasibility of issuing unified permits, applications, and leases. (2) Delegations of authority \nThe Secretaries may make reciprocal delegations of the respective authorities, duties, and responsibilities of the Secretaries in support of the Service First Initiative agency-wide to promote customer service and efficiency. (3) Effect \nNothing in this section alters, expands, or limits the applicability of any law (including regulations) to land administered by the Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or the Forest Service or matters under the jurisdiction of any other bureaus or offices of the Department of the Interior or the Department of Agriculture, as applicable. (4) Transfers of funding \nTo facilitate the sharing of resources under the Service First Initiative, the Secretaries may make transfers of funds and reimbursements of funds on an annual basis, including transfers and reimbursements for multi-year projects, subject to the limitation that this authority may not be used to circumvent requirements and limitations imposed on the use of Federal funds. (c) Pilot program for special recreation permits for multijurisdictional trips \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Secretaries shall establish a pilot program to offer to a person seeking an authorization for a multijurisdictional trip a single joint special recreation permit or commercial use authorization that authorizes the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs, subject to the authorities that apply to the applicable unit of Federal recreational lands and waters. (2) Minimum number of permits \nNot later than 4 years after the date of enactment of this Act, the Secretaries shall issue not fewer than 10 single joint special recreation permits described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) or commercial use authorizations under the pilot program established under paragraph (1). (3) Lead agencies \nIn carrying out the pilot program established under paragraph (1), the Secretaries shall— (A) designate a lead agency for issuing and administering a single joint special recreation permit or commercial use authorization; and (B) select not fewer than 4 offices at which a person shall be able to apply for a single joint special recreation permit or commercial use authorization, of which— (i) not fewer than 2 offices are managed by the Secretary; and (ii) not fewer than 2 offices are managed by the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) Retention of authority by the applicable Secretary \nEach of the Secretaries shall retain the authority to enforce the terms, stipulations, conditions, and agreements in a single joint special recreation permit or commercial use authorization issued under the pilot program established under paragraph (1) that apply specifically to the use occurring on the Federal recreational lands and waters managed by the applicable Secretary, under the authorities that apply to the applicable Federal recreational lands and waters. (5) Option to apply for separate special recreation permits or commercial use authorizations \nA person seeking an authorization for a multijurisdictional trip may apply for— (A) a separate special recreation permit or commercial use authorization for the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs; or (B) a single joint special recreational permit or commercial use authorization made available under the pilot program established under paragraph (1). (6) Effect \nNothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.", "id": "idef0347a9831441c686ee740aaf9f5444", "header": "Service First Initiative and multijurisdictional trips", "nested": [ { "text": "(a) Repeal \nSection 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 43 U.S.C. 1703 ), is repealed.", "id": "idad77a266eb6845b99754b369fe989acb", "header": "Repeal", "nested": [], "links": [ { "text": "43 U.S.C. 1703", "legal-doc": "usc", "parsable-cite": "usc/43/1703" } ] }, { "text": "(b) Cooperative action and sharing of resources by the Secretaries of the Interior and Agriculture \n(1) In general \nFor fiscal year 2012 and each fiscal year thereafter, the Secretaries, subject to annual review of Congress, may carry out an initiative, to be known as the Service First Initiative , under which the Secretaries and agencies and bureaus within the Department of the Interior and the Department of Agriculture— (A) may establish programs to conduct projects, planning, permitting, leasing, contracting, and other activities, either jointly or on behalf of one another; (B) may co-locate in Federal offices and facilities leased by an agency of the Department of the Interior or the Department of Agriculture; and (C) may issue special rules to test the feasibility of issuing unified permits, applications, and leases. (2) Delegations of authority \nThe Secretaries may make reciprocal delegations of the respective authorities, duties, and responsibilities of the Secretaries in support of the Service First Initiative agency-wide to promote customer service and efficiency. (3) Effect \nNothing in this section alters, expands, or limits the applicability of any law (including regulations) to land administered by the Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or the Forest Service or matters under the jurisdiction of any other bureaus or offices of the Department of the Interior or the Department of Agriculture, as applicable. (4) Transfers of funding \nTo facilitate the sharing of resources under the Service First Initiative, the Secretaries may make transfers of funds and reimbursements of funds on an annual basis, including transfers and reimbursements for multi-year projects, subject to the limitation that this authority may not be used to circumvent requirements and limitations imposed on the use of Federal funds.", "id": "idb5f3ecc547b94e188c4b8a81493dfce3", "header": "Cooperative action and sharing of resources by the Secretaries of the Interior and Agriculture", "nested": [], "links": [] }, { "text": "(c) Pilot program for special recreation permits for multijurisdictional trips \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Secretaries shall establish a pilot program to offer to a person seeking an authorization for a multijurisdictional trip a single joint special recreation permit or commercial use authorization that authorizes the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs, subject to the authorities that apply to the applicable unit of Federal recreational lands and waters. (2) Minimum number of permits \nNot later than 4 years after the date of enactment of this Act, the Secretaries shall issue not fewer than 10 single joint special recreation permits described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 202(10)) or commercial use authorizations under the pilot program established under paragraph (1). (3) Lead agencies \nIn carrying out the pilot program established under paragraph (1), the Secretaries shall— (A) designate a lead agency for issuing and administering a single joint special recreation permit or commercial use authorization; and (B) select not fewer than 4 offices at which a person shall be able to apply for a single joint special recreation permit or commercial use authorization, of which— (i) not fewer than 2 offices are managed by the Secretary; and (ii) not fewer than 2 offices are managed by the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) Retention of authority by the applicable Secretary \nEach of the Secretaries shall retain the authority to enforce the terms, stipulations, conditions, and agreements in a single joint special recreation permit or commercial use authorization issued under the pilot program established under paragraph (1) that apply specifically to the use occurring on the Federal recreational lands and waters managed by the applicable Secretary, under the authorities that apply to the applicable Federal recreational lands and waters. (5) Option to apply for separate special recreation permits or commercial use authorizations \nA person seeking an authorization for a multijurisdictional trip may apply for— (A) a separate special recreation permit or commercial use authorization for the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs; or (B) a single joint special recreational permit or commercial use authorization made available under the pilot program established under paragraph (1). (6) Effect \nNothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.", "id": "idc2342d40f52546148101293f1e88f2c1", "header": "Pilot program for special recreation permits for multijurisdictional trips", "nested": [], "links": [ { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] } ], "links": [ { "text": "43 U.S.C. 1703", "legal-doc": "usc", "parsable-cite": "usc/43/1703" }, { "text": "16 U.S.C. 6801", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "323. Permit flexibility \n(a) In general \nThe Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), on the approval of the Secretary concerned, to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit. (b) Criteria \nFor the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit; (2) does not result in a greater impact on natural and cultural resources than the impact of the authorized activity; (3) does not adversely affect— (A) any other holder of a special recreation permit or other permit; or (B) any other authorized use of the Federal recreational lands and waters; and (4) is consistent with— (A) any applicable laws (including regulations); and (B) the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters. (c) Effect \nNothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law.", "id": "id72ceaced94fd493b8864818ccba354ed", "header": "Permit flexibility", "nested": [ { "text": "(a) In general \nThe Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), on the approval of the Secretary concerned, to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit.", "id": "idde14021babbe4b29af39e0c11f0be35d", "header": "In general", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(b) Criteria \nFor the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit; (2) does not result in a greater impact on natural and cultural resources than the impact of the authorized activity; (3) does not adversely affect— (A) any other holder of a special recreation permit or other permit; or (B) any other authorized use of the Federal recreational lands and waters; and (4) is consistent with— (A) any applicable laws (including regulations); and (B) the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters.", "id": "id23f8edbd5e0542f784f8ee8cd11a9dc7", "header": "Criteria", "nested": [], "links": [] }, { "text": "(c) Effect \nNothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law.", "id": "idba71220bde1f4cbabea0efa0af15dc6f", "header": "Effect", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "324. Liability \n(a) Insurance requirements \n(1) In general \nExcept as provided in paragraph (2), as a condition of issuing a special recreation permit under subsection (h)(1)(B) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)) or a commercial use authorization, the Secretary concerned may require the holder of the special recreation permit or commercial use authorization to have a commercial general liability insurance policy that— (A) is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization; and (B) includes the United States as an additional insured in an endorsement to the applicable policy. (2) Exception \nThe Secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities, as determined by the Secretary concerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1). (b) Indemnification by governmental entities \nThe Secretary concerned shall not require a State, State agency, State institution, or political subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political subdivision of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of— (1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law; (2) self-insurance, which covers the United States as an additional insured, if authorized by State law; or (3) a combination of the coverage described in paragraphs (1) and (2). (c) Exculpatory agreements \n(1) In general \nExcept as provided in paragraph (2), a Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization. (2) Requirements \nAny exculpatory agreement used by a recreation service provider or holder of a commercial use authorization for an activity authorized under a special recreation permit or commercial use authorization— (A) shall shield the United States from any liability, if otherwise allowable under Federal law; and (B) shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross negligence, recklessness, or willful misconduct. (3) Consistency \nNot later than 2 years after the date of enactment of this Act, the Secretaries shall— (A) review the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations; and (B) revise any policy described in subparagraph (A) as necessary to make the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations consistent with this subsection and across all Federal recreational lands and waters. (d) Effect \nNothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.", "id": "ida8028b464c524a50a8ee14c5bad7268b", "header": "Liability", "nested": [ { "text": "(a) Insurance requirements \n(1) In general \nExcept as provided in paragraph (2), as a condition of issuing a special recreation permit under subsection (h)(1)(B) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)) or a commercial use authorization, the Secretary concerned may require the holder of the special recreation permit or commercial use authorization to have a commercial general liability insurance policy that— (A) is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization; and (B) includes the United States as an additional insured in an endorsement to the applicable policy. (2) Exception \nThe Secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities, as determined by the Secretary concerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1).", "id": "idd02d65cf15694d118415ed37b4fe1210", "header": "Insurance requirements", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(b) Indemnification by governmental entities \nThe Secretary concerned shall not require a State, State agency, State institution, or political subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political subdivision of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of— (1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law; (2) self-insurance, which covers the United States as an additional insured, if authorized by State law; or (3) a combination of the coverage described in paragraphs (1) and (2).", "id": "id81ed6da76eb94701a729c9cf9cf8db6f", "header": "Indemnification by governmental entities", "nested": [], "links": [] }, { "text": "(c) Exculpatory agreements \n(1) In general \nExcept as provided in paragraph (2), a Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization. (2) Requirements \nAny exculpatory agreement used by a recreation service provider or holder of a commercial use authorization for an activity authorized under a special recreation permit or commercial use authorization— (A) shall shield the United States from any liability, if otherwise allowable under Federal law; and (B) shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross negligence, recklessness, or willful misconduct. (3) Consistency \nNot later than 2 years after the date of enactment of this Act, the Secretaries shall— (A) review the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations; and (B) revise any policy described in subparagraph (A) as necessary to make the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations consistent with this subsection and across all Federal recreational lands and waters.", "id": "idc507d62c71aa4d76bf2dcf5a8d57a626", "header": "Exculpatory agreements", "nested": [], "links": [] }, { "text": "(d) Effect \nNothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.", "id": "id6b5972f9db8e4f048613156ec7361f30", "header": "Effect", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "325. Cost recovery reform \n(a) Cost recovery for special recreation permits \nIn addition to a fee collected under section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, and holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for— (1) processing a proposal or application for the special recreation permit; (2) issuing the special recreation permit; and (3) monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit. (b) De minimis exemptions from cost recovery \nIf the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall— (1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and (2) charge an applicant only for any hours that exceed the de minimis threshold. (c) Multiple applications \nIf the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable— (1) assess from the applicants the fee described in subsection (a) on a prorated basis; and (2) apply the requirement described in subsection (b) to each applicant on an individual basis. (d) Limitation \nThe Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review.", "id": "idc4bbab6c92434f2da22c7e97c89da125", "header": "Cost recovery reform", "nested": [ { "text": "(a) Cost recovery for special recreation permits \nIn addition to a fee collected under section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, and holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for— (1) processing a proposal or application for the special recreation permit; (2) issuing the special recreation permit; and (3) monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit.", "id": "id278e3214d29343abb8382719319ffa35", "header": "Cost recovery for special recreation permits", "nested": [], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "(b) De minimis exemptions from cost recovery \nIf the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall— (1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and (2) charge an applicant only for any hours that exceed the de minimis threshold.", "id": "idcae2737b6af243bda544be4b237df53b", "header": "De minimis exemptions from cost recovery", "nested": [], "links": [] }, { "text": "(c) Multiple applications \nIf the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable— (1) assess from the applicants the fee described in subsection (a) on a prorated basis; and (2) apply the requirement described in subsection (b) to each applicant on an individual basis.", "id": "id73723013937e4555b6c297c04832c449", "header": "Multiple applications", "nested": [], "links": [] }, { "text": "(d) Limitation \nThe Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review.", "id": "id90935331cfe745c1b176f2b3046d2485", "header": "Limitation", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 6802", "legal-doc": "usc", "parsable-cite": "usc/16/6802" } ] }, { "text": "326. Permit relief for picnic areas \n(a) In general \nIf the Secretary concerned does not require the public to obtain a permit or reservation to access a picnic area on Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management, the Secretary concerned may not require a covered person described in subsection (b) to obtain a permit solely to access the picnic area. (b) Description of covered persons \nA covered person referred to in subsection (a) is a person (including an educational group) that provides— (1) outfitting and guiding services on Federal recreational lands and waters; and (2) the services described in paragraph (1) to fewer than 40 customers annually at the picnic area.", "id": "idc9b6b896e8c641bfb00d207c57d58055", "header": "Permit relief for picnic areas", "nested": [ { "text": "(a) In general \nIf the Secretary concerned does not require the public to obtain a permit or reservation to access a picnic area on Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management, the Secretary concerned may not require a covered person described in subsection (b) to obtain a permit solely to access the picnic area.", "id": "id63eba898a7a84849ad45808f430bb3c4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Description of covered persons \nA covered person referred to in subsection (a) is a person (including an educational group) that provides— (1) outfitting and guiding services on Federal recreational lands and waters; and (2) the services described in paragraph (1) to fewer than 40 customers annually at the picnic area.", "id": "id2068aa8903f2417cb15bf76983318849", "header": "Description of covered persons", "nested": [], "links": [] } ], "links": [] }, { "text": "327. Interagency report on special recreation permits for underserved communities \n(a) Definition of covered community \nIn this section, the term covered community means a rural or urban, low-income, or underserved community, including an Indian Tribe, that has been underrepresented in outdoor recreation opportunities on Federal recreational lands and waters. (b) Report \nNot later than 3 years after the date of enactment of this Act, the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the estimated use of special recreation permits serving covered communities; (2) examples of special recreation permits, partnerships, cooperative agreements, or other arrangements providing access to Federal recreational lands and waters for covered communities; (3) other ways covered communities are engaging on Federal recreational lands and waters, including through stewardship and conservation projects or activities; (4) any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community; and (5) any recommendations to facilitate and increase permitted access to Federal recreational lands and waters for covered communities.", "id": "ide8bafb5fcadd4282b01d4b2334995b81", "header": "Interagency report on special recreation permits for underserved communities", "nested": [ { "text": "(a) Definition of covered community \nIn this section, the term covered community means a rural or urban, low-income, or underserved community, including an Indian Tribe, that has been underrepresented in outdoor recreation opportunities on Federal recreational lands and waters.", "id": "id24fedbf316c34b6084db9e6e57fbc6da", "header": "Definition of covered community", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 3 years after the date of enactment of this Act, the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the estimated use of special recreation permits serving covered communities; (2) examples of special recreation permits, partnerships, cooperative agreements, or other arrangements providing access to Federal recreational lands and waters for covered communities; (3) other ways covered communities are engaging on Federal recreational lands and waters, including through stewardship and conservation projects or activities; (4) any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community; and (5) any recommendations to facilitate and increase permitted access to Federal recreational lands and waters for covered communities.", "id": "id69c0780a274147a0afe14bbcd7c5f74d", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "331. Effect \nExcept as provided in sections 311(a), 322, and 324, nothing in this title (including an amendment made by this title) affects the authority or responsibility of the Secretary to award concessions contracts for the provision of accommodations, facilities, or services, or commercial use authorizations.", "id": "idd5d80b21659748bdb10a16ca4585c83c", "header": "Effect", "nested": [], "links": [] }, { "text": "401. Filming and still photography within the National Park System and on other Federal land \n(a) Filming in National Park System units \n(1) In general \nChapter 1009 of title 54, United States Code, is amended by striking section 100905 and inserting the following: 100905. Filming and still photography in System units \n(a) Filming and still photography \n(1) In general \nThe Secretary shall ensure that a filming or still photography activity or similar recording project in a System unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Service; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the System unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Service; and (ii) in person at the field office of the applicable System unit. (E) Issuances \nThe Secretary shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Service under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office of the applicable System unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the applicable System unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the applicable System unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable System unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary with respect to the filming or still photography activity, as determined by the Secretary. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same System unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the System unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a System unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness Act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the System unit. (iii) The quantity and type of film or still photography equipment present at the System unit. (iv) Any other factors that the Secretary determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary shall collect from the applicant for the applicable permit any costs incurred by the Secretary related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established under the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary, without further appropriation, at the System unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources \nThe Secretary may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary determines that— (1) there is a likelihood that the person would cause resource damage at the System unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the System unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications \n(1) In general \nThe Secretary shall establish a process to ensure that the Secretary responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or System units, the Secretary and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead System unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. ”. (e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, the Secretary shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4).. (2) Clerical amendment \nThe table of sections for chapter 1009 of title 54, United States Code, is amended by striking the item relating to section 100905 and inserting the following: 100905. Filming and still photography in System units.. (b) Filming on other Federal land \nPublic Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by striking section 1 and inserting the following: 1. Filming and still photography \n(a) Filming and still photography \n(1) In general \nThe Secretary concerned shall ensure that a filming or still photography activity or similar recording project at a Federal land management unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Secretary concerned; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary concerned shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the Federal land management unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary concerned shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary concerned— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary concerned shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary concerned shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Department of the Interior or the Forest Service, as applicable; and (ii) in person at the field office for the Federal land management unit. (E) Issuances \nThe Secretary concerned shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Department of the Interior or the Forest Service, as applicable, under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office for the Federal land management unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary concerned shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary concerned may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the Federal land management unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the Federal land management unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the Federal land management unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary concerned with respect to the filming or still photography activity, as determined by the Secretary concerned. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary concerned shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same Federal land management unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the Federal land management unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the Federal land management unit. (iii) The quantity and type of film or still photography equipment present at the Federal land management unit. (iv) Any other factors that the Secretary concerned determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary concerned shall collect from the applicant for the applicable permit any costs incurred by the Secretary concerned related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, in accordance with the formula and purposes established in the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, at the Federal land management unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources \nThe Secretary concerned may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary concerned determines that— (1) there is a likelihood that the person would cause resource damage at the Federal land management unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the Federal land management unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications \n(1) In general \nThe Secretary concerned shall establish a process to ensure that the Secretary concerned responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or Federal land management units, the Secretary concerned and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead Federal land management unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. (e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, each of the Secretary of the Interior and the Secretary of Agriculture shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4). (e) (f) Definitions \nIn this section: (1) Federal land management unit \nThe term Federal land management unit means— (A) Federal land (other than National Park System land) under the jurisdiction of the Secretary of the Interior; and (B) National Forest System land. (2) Secretary concerned \nThe term Secretary concerned means— (A) the Secretary of the Interior, with respect to land described in paragraph (1)(A); and (B) the Secretary of Agriculture, with respect to land described in paragraph (1)(B)..", "id": "id4673d6ed3e6d4c50aa3fe185d3e26d38", "header": "Filming and still photography within the National Park System and on other Federal land", "nested": [ { "text": "(a) Filming in National Park System units \n(1) In general \nChapter 1009 of title 54, United States Code, is amended by striking section 100905 and inserting the following: 100905. Filming and still photography in System units \n(a) Filming and still photography \n(1) In general \nThe Secretary shall ensure that a filming or still photography activity or similar recording project in a System unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Service; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the System unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Service; and (ii) in person at the field office of the applicable System unit. (E) Issuances \nThe Secretary shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Service under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office of the applicable System unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the applicable System unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the applicable System unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable System unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary with respect to the filming or still photography activity, as determined by the Secretary. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same System unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the System unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a System unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness Act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the System unit. (iii) The quantity and type of film or still photography equipment present at the System unit. (iv) Any other factors that the Secretary determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary shall collect from the applicant for the applicable permit any costs incurred by the Secretary related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established under the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary, without further appropriation, at the System unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources \nThe Secretary may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary determines that— (1) there is a likelihood that the person would cause resource damage at the System unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the System unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications \n(1) In general \nThe Secretary shall establish a process to ensure that the Secretary responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or System units, the Secretary and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead System unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. ”. (e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, the Secretary shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4).. (2) Clerical amendment \nThe table of sections for chapter 1009 of title 54, United States Code, is amended by striking the item relating to section 100905 and inserting the following: 100905. Filming and still photography in System units..", "id": "id52b34acba3a941a58e6debfe91e98601", "header": "Filming in National Park System units", "nested": [], "links": [ { "text": "Chapter 1009", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/1009" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "chapter 1009", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/1009" } ] }, { "text": "(b) Filming on other Federal land \nPublic Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by striking section 1 and inserting the following: 1. Filming and still photography \n(a) Filming and still photography \n(1) In general \nThe Secretary concerned shall ensure that a filming or still photography activity or similar recording project at a Federal land management unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Secretary concerned; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary concerned shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the Federal land management unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary concerned shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary concerned— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary concerned shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary concerned shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Department of the Interior or the Forest Service, as applicable; and (ii) in person at the field office for the Federal land management unit. (E) Issuances \nThe Secretary concerned shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Department of the Interior or the Forest Service, as applicable, under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office for the Federal land management unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary concerned shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary concerned may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the Federal land management unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the Federal land management unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the Federal land management unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary concerned with respect to the filming or still photography activity, as determined by the Secretary concerned. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary concerned shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same Federal land management unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the Federal land management unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the Federal land management unit. (iii) The quantity and type of film or still photography equipment present at the Federal land management unit. (iv) Any other factors that the Secretary concerned determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary concerned shall collect from the applicant for the applicable permit any costs incurred by the Secretary concerned related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, in accordance with the formula and purposes established in the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, at the Federal land management unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources \nThe Secretary concerned may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary concerned determines that— (1) there is a likelihood that the person would cause resource damage at the Federal land management unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the Federal land management unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications \n(1) In general \nThe Secretary concerned shall establish a process to ensure that the Secretary concerned responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or Federal land management units, the Secretary concerned and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead Federal land management unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. (e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, each of the Secretary of the Interior and the Secretary of Agriculture shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4). (e) (f) Definitions \nIn this section: (1) Federal land management unit \nThe term Federal land management unit means— (A) Federal land (other than National Park System land) under the jurisdiction of the Secretary of the Interior; and (B) National Forest System land. (2) Secretary concerned \nThe term Secretary concerned means— (A) the Secretary of the Interior, with respect to land described in paragraph (1)(A); and (B) the Secretary of Agriculture, with respect to land described in paragraph (1)(B)..", "id": "id3d0534122f6c428f88de19be73d8bcba", "header": "Filming on other Federal land", "nested": [], "links": [ { "text": "16 U.S.C. 460l–6d", "legal-doc": "usc", "parsable-cite": "usc/16/460l-6d" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] } ], "links": [ { "text": "Chapter 1009", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/1009" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" }, { "text": "chapter 1009", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/1009" }, { "text": "16 U.S.C. 460l–6d", "legal-doc": "usc", "parsable-cite": "usc/16/460l-6d" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "100905. Filming and still photography in System units \n(a) Filming and still photography \n(1) In general \nThe Secretary shall ensure that a filming or still photography activity or similar recording project in a System unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Service; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the System unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Service; and (ii) in person at the field office of the applicable System unit. (E) Issuances \nThe Secretary shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Service under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office of the applicable System unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the applicable System unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the applicable System unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable System unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary with respect to the filming or still photography activity, as determined by the Secretary. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same System unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the System unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a System unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness Act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the System unit. (iii) The quantity and type of film or still photography equipment present at the System unit. (iv) Any other factors that the Secretary determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary shall collect from the applicant for the applicable permit any costs incurred by the Secretary related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established under the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary, without further appropriation, at the System unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources \nThe Secretary may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary determines that— (1) there is a likelihood that the person would cause resource damage at the System unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the System unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications \n(1) In general \nThe Secretary shall establish a process to ensure that the Secretary responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or System units, the Secretary and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead System unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. ”. (e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, the Secretary shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4).", "id": "id8ba5a1b831ca4f2aa9b120edfa1d85e9", "header": "Filming and still photography in System units", "nested": [ { "text": "(a) Filming and still photography \n(1) In general \nThe Secretary shall ensure that a filming or still photography activity or similar recording project in a System unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Service; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the System unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Service; and (ii) in person at the field office of the applicable System unit. (E) Issuances \nThe Secretary shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Service under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office of the applicable System unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the applicable System unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the applicable System unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable System unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary with respect to the filming or still photography activity, as determined by the Secretary. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same System unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the System unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a System unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness Act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ).", "id": "id83bb7bd527604f0cb9c4f07288f82d3b", "header": "Filming and still photography", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "(b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the System unit. (iii) The quantity and type of film or still photography equipment present at the System unit. (iv) Any other factors that the Secretary determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary shall collect from the applicant for the applicable permit any costs incurred by the Secretary related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established under the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary, without further appropriation, at the System unit at which the costs are collected; and (ii) remain available until expended.", "id": "idd60d2eefa40d40a1ba1da1f2a63b9a71", "header": "Fees and recovery costs", "nested": [], "links": [ { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "(c) Protection of resources \nThe Secretary may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary determines that— (1) there is a likelihood that the person would cause resource damage at the System unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the System unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public.", "id": "idfcc41dbe1daf4d688522ad3cbb9a709f", "header": "Protection of resources", "nested": [], "links": [] }, { "text": "(d) Processing of permit applications \n(1) In general \nThe Secretary shall establish a process to ensure that the Secretary responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or System units, the Secretary and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead System unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. ”.", "id": "id0497e5a66d21491abdd63a83ba0da316", "header": "Processing of permit applications", "nested": [], "links": [] }, { "text": "(e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, the Secretary shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4).", "id": "idb86aec8b8edd435eb06de5967a5c5944", "header": "Guidance", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "1. Filming and still photography \n(a) Filming and still photography \n(1) In general \nThe Secretary concerned shall ensure that a filming or still photography activity or similar recording project at a Federal land management unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Secretary concerned; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary concerned shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the Federal land management unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary concerned shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary concerned— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary concerned shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary concerned shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Department of the Interior or the Forest Service, as applicable; and (ii) in person at the field office for the Federal land management unit. (E) Issuances \nThe Secretary concerned shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Department of the Interior or the Forest Service, as applicable, under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office for the Federal land management unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary concerned shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary concerned may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the Federal land management unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the Federal land management unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the Federal land management unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary concerned with respect to the filming or still photography activity, as determined by the Secretary concerned. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary concerned shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same Federal land management unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the Federal land management unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the Federal land management unit. (iii) The quantity and type of film or still photography equipment present at the Federal land management unit. (iv) Any other factors that the Secretary concerned determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary concerned shall collect from the applicant for the applicable permit any costs incurred by the Secretary concerned related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, in accordance with the formula and purposes established in the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, at the Federal land management unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources \nThe Secretary concerned may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary concerned determines that— (1) there is a likelihood that the person would cause resource damage at the Federal land management unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the Federal land management unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications \n(1) In general \nThe Secretary concerned shall establish a process to ensure that the Secretary concerned responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or Federal land management units, the Secretary concerned and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead Federal land management unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. (e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, each of the Secretary of the Interior and the Secretary of Agriculture shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4). (e) (f) Definitions \nIn this section: (1) Federal land management unit \nThe term Federal land management unit means— (A) Federal land (other than National Park System land) under the jurisdiction of the Secretary of the Interior; and (B) National Forest System land. (2) Secretary concerned \nThe term Secretary concerned means— (A) the Secretary of the Interior, with respect to land described in paragraph (1)(A); and (B) the Secretary of Agriculture, with respect to land described in paragraph (1)(B).", "id": "id008f4840ea9c4ca28ea70e946b9165a0", "header": "Filming and still photography", "nested": [ { "text": "(a) Filming and still photography \n(1) In general \nThe Secretary concerned shall ensure that a filming or still photography activity or similar recording project at a Federal land management unit (referred to in this section as a filming or still photography activity ) and the authorizing or permitting of a filming or still photography activity are carried out in accordance with— (A) the laws and policies applicable to the Secretary concerned; (B) the applicable general management plan; and (C) this section. (2) No permits required \nThe Secretary concerned shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the Federal land management unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use \n(A) In general \nThe Secretary concerned shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy \nFor a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary concerned— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee \nThe Secretary concerned shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application \nThe Secretary concerned shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Department of the Interior or the Forest Service, as applicable; and (ii) in person at the field office for the Federal land management unit. (E) Issuances \nThe Secretary concerned shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Department of the Interior or the Forest Service, as applicable, under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office for the Federal land management unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements \nThe Secretary concerned shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c). ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents \nA de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits \nExcept as provided in paragraph (2)(B), the Secretary concerned may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity \nThe requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows: (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the Federal land management unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the Federal land management unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the Federal land management unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary concerned with respect to the filming or still photography activity, as determined by the Secretary concerned. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals \n(A) In general \nFor the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary concerned shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same Federal land management unit. (B) Description of individual \nAn individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the Federal land management unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation \nRegardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect \n(A) Permits requested though not required \nOn the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events \nIf an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation \nThe receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness act applicability \n(i) In general \nNothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (ii) Applicability \nThe provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. ).", "id": "id68390d1f92c743cf9b4bb0d5720f902d", "header": "Filming and still photography", "nested": [], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" } ] }, { "text": "(b) Fees and recovery costs \n(1) Fees \nThe reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria: (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the Federal land management unit. (iii) The quantity and type of film or still photography equipment present at the Federal land management unit. (iv) Any other factors that the Secretary concerned determines to be necessary. (2) Recovery of costs \n(A) In general \nFor any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary concerned shall collect from the applicant for the applicable permit any costs incurred by the Secretary concerned related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected \nAll costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds \n(A) Fees \nAll fees collected under this section shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, in accordance with the formula and purposes established in the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. ); and (ii) remain available until expended. (B) Costs \nAll costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, at the Federal land management unit at which the costs are collected; and (ii) remain available until expended.", "id": "id62aadef7dd6d4bd68a9ed957dca5c54e", "header": "Fees and recovery costs", "nested": [], "links": [ { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "(c) Protection of resources \nThe Secretary concerned may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary concerned determines that— (1) there is a likelihood that the person would cause resource damage at the Federal land management unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the Federal land management unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public.", "id": "idb70034efb3ed4c0a843b0184bb617a72", "header": "Protection of resources", "nested": [], "links": [] }, { "text": "(d) Processing of permit applications \n(1) In general \nThe Secretary concerned shall establish a process to ensure that the Secretary concerned responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination \nIf a permit is required under this section for 2 or more Federal agencies or Federal land management units, the Secretary concerned and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead Federal land management unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees.", "id": "id9f88d368fa304eb2a85295c9a116304d", "header": "Processing of permit applications", "nested": [], "links": [] }, { "text": "(e) Guidance \nNot later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, each of the Secretary of the Interior and the Secretary of Agriculture shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4).", "id": "id3ed4cb2fa79c4284bf4167f532e427a7", "header": "Guidance", "nested": [], "links": [] }, { "text": "(e) (f) Definitions \nIn this section: (1) Federal land management unit \nThe term Federal land management unit means— (A) Federal land (other than National Park System land) under the jurisdiction of the Secretary of the Interior; and (B) National Forest System land. (2) Secretary concerned \nThe term Secretary concerned means— (A) the Secretary of the Interior, with respect to land described in paragraph (1)(A); and (B) the Secretary of Agriculture, with respect to land described in paragraph (1)(B).", "id": "ida36f54920875431c954ab518e9c089be", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 1131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1131" }, { "text": "16 U.S.C. 6801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6801" } ] }, { "text": "402. Volunteer enhancement program \nThe Volunteers in the National Forests Act of 1972 ( 16 U.S.C. 558a et seq. ) is amended— (1) by striking section 5; (2) by redesignating the first section and sections 2, 3, and 4 as sections 4, 5, 6, and 9, respectively; (3) by inserting before section 4 (as so redesignated) the following: 1. Short title \nThis Act may be cited as the Volunteers in the National Forests and Public Land Act. 2. Purpose \nThe purpose of this Act is to leverage volunteer engagement to supplement projects that are carried out by the Secretaries to fulfill the missions of the Forest Service and the Bureau of Land Management and are accomplished with appropriated funds. 3. Definition of Secretaries \nIn this Act, the term Secretaries means each of— (1) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (2) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. ; (4) in section 4 (as so redesignated)— (A) by striking the section designation and all that follows through (hereinafter referred to as the Secretary ) is in the first sentence and inserting the following: 4. Authorization \nThe Secretaries are ; (B) in the first sentence— (i) by inserting and after civil service ; (ii) by inserting recreation access, trail construction or maintenance, facility construction or maintenance, educational uses (including outdoor classroom construction or maintenance), after for or in aid of ; and (iii) by striking Secretary through the Forest Service and inserting Secretaries ; and (C) in the second sentence, by striking Secretary and inserting Secretaries ; (5) in section 5 (as so redesignated)— (A) by striking the section designation and all that follows through Secretary is and inserting the following: 5. Incidental expenses \nThe Secretaries are ; and (B) by inserting training, equipment, after lodging, ; (6) in section 6 (as so redesignated)— (A) by striking the section designation and all that follows through (a) Except as and inserting the following: 6. Consideration as Federal employee \n(a) Except as ; and (B) in subsection (e)— (i) in the matter preceding paragraph (1), by striking the Secretary and inserting either of the Secretaries ; (ii) in paragraph (1), by striking with the Secretary and inserting or cooperative agreement with either of the Secretaries ; and (iii) in paragraph (2)— (I) in the matter preceding subparagraph (A), by striking the Secretary in the mutual benefit agreement and inserting either of the Secretaries in the mutual benefit agreement or cooperative agreement ; (II) in subparagraph (A), by striking to be performed by the volunteers and inserting , including the geographic boundaries of the work to be performed by the volunteers, ; (III) in subparagraph (B), by striking and at the end; (IV) in subparagraph (C)— (aa) by striking the Secretary, when feasible and inserting either of the Secretaries, if feasible and only if necessary ; and (bb) by striking the period at the end and inserting a semicolon; and (V) by adding at the end the following: (D) the equipment the volunteers are authorized to use; (E) the training the volunteers are required to complete; (F) the actions the volunteers are authorized to take; and (G) any other terms and conditions that are determined to be necessary by the applicable Secretary. ; (7) by inserting before section 9 (as so redesignated) the following: 7. Promotion of volunteer opportunities \nThe Secretaries shall promote volunteer opportunities in areas administered by the Secretaries. 8. Liability insurance \nThe Secretaries shall not require a cooperator or volunteer (as those terms are used in section 6) to have liability insurance to provide the volunteer services authorized under this Act. ; and (8) in section 9 (as so redesignated), by striking the section designation and all that follows through There are and inserting the following: 9. Authorization of appropriations \nThere are.", "id": "ida48e8a564de04063942ad3002ec81e94", "header": "Volunteer enhancement program", "nested": [], "links": [ { "text": "16 U.S.C. 558a et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/558a" } ] }, { "text": "1. Short title \nThis Act may be cited as the Volunteers in the National Forests and Public Land Act.", "id": "id587734ce779a4ebabe98ce804704f488", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to leverage volunteer engagement to supplement projects that are carried out by the Secretaries to fulfill the missions of the Forest Service and the Bureau of Land Management and are accomplished with appropriated funds.", "id": "id062ce41250dc46e487d1993ce3afdf80", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Definition of Secretaries \nIn this Act, the term Secretaries means each of— (1) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (2) the Secretary of the Interior, acting through the Director of the Bureau of Land Management.", "id": "id978e4e4f88d54bbfb9734cab5592e81f", "header": "Definition of Secretaries", "nested": [], "links": [] }, { "text": "4. Authorization \nThe Secretaries are", "id": "id375fe79151cc4bc7be799783dd5f9b0c", "header": "Authorization", "nested": [], "links": [] }, { "text": "5. Incidental expenses \nThe Secretaries are", "id": "id663bbdf0ff3e438d97018cee33977a70", "header": "Incidental expenses", "nested": [], "links": [] }, { "text": "6. Consideration as Federal employee \n(a) Except as", "id": "idd279fa598ead4afab5677dcfd37b3566", "header": "Consideration as Federal employee", "nested": [ { "text": "(a) Except as", "id": "idb6457557809d48578bbd421117aa74e2", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "7. Promotion of volunteer opportunities \nThe Secretaries shall promote volunteer opportunities in areas administered by the Secretaries.", "id": "idbc28b9b1984748e08f26481369757372", "header": "Promotion of volunteer opportunities", "nested": [], "links": [] }, { "text": "8. Liability insurance \nThe Secretaries shall not require a cooperator or volunteer (as those terms are used in section 6) to have liability insurance to provide the volunteer services authorized under this Act.", "id": "idc5681ad3dc0d44c7b0fde08d894e89e6", "header": "Liability insurance", "nested": [], "links": [] }, { "text": "9. Authorization of appropriations \nThere are", "id": "id592c1a0cca0b4268af6588cca66b5296", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "403. Cape and antler preservation enhancement \nSection 104909(c) of title 54, United States Code, is amended by striking meat from and inserting meat and any other part of an animal removed pursuant to.", "id": "id621b7ab316a542208b8b4a658d48b358", "header": "Cape and antler preservation enhancement", "nested": [], "links": [] }, { "text": "404. Federal land and water aquatic resource activities assistance \n(a) Definitions \nIn this section: (1) Aquatic nuisance species task force \nThe term Aquatic Nuisance Species Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) ). (2) Federal land and water \nThe term Federal land and water means Federal land and water operated and maintained by the Bureau of Land Management, Bureau of Reclamation, Forest Service, or National Park Service, as applicable. (3) Inspection \nThe term inspection means an inspection to prevent and respond to biological invasions of an aquatic ecosystem. (4) Partner \nThe term partner means— (A) a Reclamation State; (B) an Indian Tribe in a Reclamation State; (C) an applicable nonprofit organization in a Reclamation State; or (D) a unit of local government in a Reclamation State. (5) Reclamation State \nThe term Reclamation State includes any of the States of— (A) Alaska; (B) Arizona; (C) California; (D) Colorado; (E) Idaho; (F) Kansas; (G) Montana; (H) Nebraska; (I) Nevada; (J) New Mexico; (K) North Dakota; (L) Oklahoma; (M) Oregon; (N) South Dakota; (O) Texas; (P) Utah; (Q) Washington; and (R) Wyoming. (6) Secretaries \nThe term Secretaries means each of— (A) the Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and water \n(1) In general \nThe Secretaries may inspect and decontaminate vessels entering or leaving Federal land and water located within a river basin that contains a Bureau of Reclamation water project. (2) Requirements \nThe Secretaries shall— (A) in carrying out an inspection under paragraph (1), coordinate with 1 or more partners; (B) consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of invasive species on Federal land and water; and (C) to the maximum extent practicable, inspect vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels. (3) Partnerships \nThe Secretaries may enter into a partnership to provide technical assistance to a partner— (A) to carry out an inspection or decontamination of vessels; or (B) to establish an inspection and decontamination station for vessels. (4) Limitation \nThe Secretaries shall not prohibit access to Federal land and water for vessels under this subsection in the absence of an inspector. (5) Data sharing \nThe Secretaries shall make available to a Reclamation State any data gathered related to inspections carried out in the Reclamation State under this subsection. (c) Grant program for reclamation States for vessel inspection and decontamination stations \n(1) Vessels inspections in reclamation States \nSubject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide grants to partners to conduct inspections and decontamination of vessels operating in reservoirs operated and maintained by the Secretary, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station. (2) Cost share \nThe Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent. (3) Standards \nBefore awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. (4) Coordination \nIn carrying out this subsection, the Secretary shall coordinate with— (A) each of the Reclamation States; (B) affected Indian Tribes; and (C) the Aquatic Nuisance Species Task Force.", "id": "id376164ff86584c2d85ceb5e749febb80", "header": "Federal land and water aquatic resource activities assistance", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Aquatic nuisance species task force \nThe term Aquatic Nuisance Species Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) ). (2) Federal land and water \nThe term Federal land and water means Federal land and water operated and maintained by the Bureau of Land Management, Bureau of Reclamation, Forest Service, or National Park Service, as applicable. (3) Inspection \nThe term inspection means an inspection to prevent and respond to biological invasions of an aquatic ecosystem. (4) Partner \nThe term partner means— (A) a Reclamation State; (B) an Indian Tribe in a Reclamation State; (C) an applicable nonprofit organization in a Reclamation State; or (D) a unit of local government in a Reclamation State. (5) Reclamation State \nThe term Reclamation State includes any of the States of— (A) Alaska; (B) Arizona; (C) California; (D) Colorado; (E) Idaho; (F) Kansas; (G) Montana; (H) Nebraska; (I) Nevada; (J) New Mexico; (K) North Dakota; (L) Oklahoma; (M) Oregon; (N) South Dakota; (O) Texas; (P) Utah; (Q) Washington; and (R) Wyoming. (6) Secretaries \nThe term Secretaries means each of— (A) the Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service.", "id": "id8690f37ef5fe4d05a7cf87347432f26e", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 4721(a)", "legal-doc": "usc", "parsable-cite": "usc/16/4721" } ] }, { "text": "(b) Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and water \n(1) In general \nThe Secretaries may inspect and decontaminate vessels entering or leaving Federal land and water located within a river basin that contains a Bureau of Reclamation water project. (2) Requirements \nThe Secretaries shall— (A) in carrying out an inspection under paragraph (1), coordinate with 1 or more partners; (B) consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of invasive species on Federal land and water; and (C) to the maximum extent practicable, inspect vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels. (3) Partnerships \nThe Secretaries may enter into a partnership to provide technical assistance to a partner— (A) to carry out an inspection or decontamination of vessels; or (B) to establish an inspection and decontamination station for vessels. (4) Limitation \nThe Secretaries shall not prohibit access to Federal land and water for vessels under this subsection in the absence of an inspector. (5) Data sharing \nThe Secretaries shall make available to a Reclamation State any data gathered related to inspections carried out in the Reclamation State under this subsection.", "id": "iddd1ff23b29c4463fb8f2ed7c64b3ab51", "header": "Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and water", "nested": [], "links": [] }, { "text": "(c) Grant program for reclamation States for vessel inspection and decontamination stations \n(1) Vessels inspections in reclamation States \nSubject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide grants to partners to conduct inspections and decontamination of vessels operating in reservoirs operated and maintained by the Secretary, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station. (2) Cost share \nThe Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent. (3) Standards \nBefore awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. (4) Coordination \nIn carrying out this subsection, the Secretary shall coordinate with— (A) each of the Reclamation States; (B) affected Indian Tribes; and (C) the Aquatic Nuisance Species Task Force.", "id": "ida105c5cf80e34cb796d15f292fc58767", "header": "Grant program for reclamation States for vessel inspection and decontamination stations", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 4721(a)", "legal-doc": "usc", "parsable-cite": "usc/16/4721" } ] }, { "text": "405. Amendments to the Modernizing Access to Our Public Land Act \nThe Modernizing Access to Our Public Land Act ( 16 U.S.C. 6851 et seq. ) is amended— (1) in section 3(1) ( 16 U.S.C. 6852(1) ), by striking public outdoor recreational use and inserting recreation sites ; (2) in section 5(a)(4) ( 16 U.S.C. 6854(a)(4) ), by striking permanently restricted or prohibited and inserting regulated or closed ; and (3) in section 6(b) ( 16 U.S.C. 6855(b) )— (A) by striking may and inserting shall ; and (B) by striking the Secretary of the Interior and inserting the Secretaries.", "id": "idbac64431c28b49e791ca29dc00fa5d30", "header": "Amendments to the Modernizing Access to Our Public Land Act", "nested": [], "links": [ { "text": "16 U.S.C. 6851 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/6851" }, { "text": "16 U.S.C. 6852(1)", "legal-doc": "usc", "parsable-cite": "usc/16/6852" }, { "text": "16 U.S.C. 6854(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/16/6854" }, { "text": "16 U.S.C. 6855(b)", "legal-doc": "usc", "parsable-cite": "usc/16/6855" } ] }, { "text": "406. Outdoor Recreation Legacy Partnership Program \n(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means an entity that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization \nThe term eligible nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. (3) Entity \nThe term entity means— (A) a State; (B) a political subdivision of a State, including— (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe, urban Indian organization, or Alaska Native or Native Hawaiian community or organization. (4) Low-income community \nThe term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (5) Outdoor Recreation Legacy Partnership Program \nThe term Outdoor Recreation Legacy Partnership Program means the program established under subsection (b)(1). (6) Qualifying area \nThe term qualifying area means— (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or (C) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. (7) State \nThe term State means each of the several States, the District of Columbia, and each territory of the United States. (b) Grants authorized \n(1) Establishment of program \n(A) In general \nThe Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects— (i) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (ii) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. (B) Priority \nIn awarding grants to eligible entities under subparagraph (A), the Secretary shall give priority to projects that— (i) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (ii) engage and empower underserved communities and youth; (iii) provide employment or job training opportunities for youth or underserved communities; (iv) establish or expand public-private partnerships, with a focus on leveraging resources; and (v) take advantage of coordination among various levels of government. (2) Matching requirement \n(A) In general \nAs a condition of receiving a grant under paragraph (1), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (B) Waiver \nThe Secretary may waive all or part of the matching requirement under subparagraph (A) if the Secretary determines that— (i) no reasonable means are available through which the eligible entity can meet the matching requirement; and (ii) the probable benefit of the project outweighs the public interest in the matching requirement. (C) Administrative expenses \nNot more than 10 percent of funds provided to an eligible entity under a grant awarded under paragraph (1) may be used for administrative expenses. (3) Considerations \nIn awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would— (A) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (B) provide opportunities for outdoor recreation and public land volunteerism; (C) support innovative or cost-effective ways to enhance parks and other recreation— (i) opportunities; or (ii) delivery of services; (D) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; (E) develop Native American event sites and cultural gathering spaces; and (F) provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife. (4) Eligible uses \n(A) In general \nSubject to subparagraph (B), a grant recipient may use a grant awarded under paragraph (1) for a project described in subparagraph (A) or (B) of that paragraph. (B) Limitations on use \nA grant recipient may not use grant funds for— (i) incidental costs related to land acquisition, including appraisal and titling; (ii) operation and maintenance activities; (iii) facilities that support semiprofessional or professional athletics; (iv) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (v) acquisition of land or interests in land that restrict access to specific persons. (c) Review and evaluation requirements \nIn carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall— (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on— (A) the opportunity to apply for grants under this section; (B) the application procedures by which eligible entities may apply for grants under this section; and (C) eligible uses for grants under this section. (d) Reporting \n(1) Annual reports \nNot later than 30 days after the last day of each report period, each State lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that— (A) summarize project activities conducted during the report period; and (B) provide the status of the project. (2) Final reports \nNot later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this section shall submit to the Secretary a final report containing such information as the Secretary may require.", "id": "idDDCE80996FF24EE2B89FD832EF722465", "header": "Outdoor Recreation Legacy Partnership Program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means an entity that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization \nThe term eligible nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. (3) Entity \nThe term entity means— (A) a State; (B) a political subdivision of a State, including— (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe, urban Indian organization, or Alaska Native or Native Hawaiian community or organization. (4) Low-income community \nThe term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (5) Outdoor Recreation Legacy Partnership Program \nThe term Outdoor Recreation Legacy Partnership Program means the program established under subsection (b)(1). (6) Qualifying area \nThe term qualifying area means— (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or (C) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. (7) State \nThe term State means each of the several States, the District of Columbia, and each territory of the United States.", "id": "id1DF732A5A2E74C5389888575626AB6A7", "header": "Definitions", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(b) Grants authorized \n(1) Establishment of program \n(A) In general \nThe Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects— (i) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (ii) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. (B) Priority \nIn awarding grants to eligible entities under subparagraph (A), the Secretary shall give priority to projects that— (i) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (ii) engage and empower underserved communities and youth; (iii) provide employment or job training opportunities for youth or underserved communities; (iv) establish or expand public-private partnerships, with a focus on leveraging resources; and (v) take advantage of coordination among various levels of government. (2) Matching requirement \n(A) In general \nAs a condition of receiving a grant under paragraph (1), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (B) Waiver \nThe Secretary may waive all or part of the matching requirement under subparagraph (A) if the Secretary determines that— (i) no reasonable means are available through which the eligible entity can meet the matching requirement; and (ii) the probable benefit of the project outweighs the public interest in the matching requirement. (C) Administrative expenses \nNot more than 10 percent of funds provided to an eligible entity under a grant awarded under paragraph (1) may be used for administrative expenses. (3) Considerations \nIn awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would— (A) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (B) provide opportunities for outdoor recreation and public land volunteerism; (C) support innovative or cost-effective ways to enhance parks and other recreation— (i) opportunities; or (ii) delivery of services; (D) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; (E) develop Native American event sites and cultural gathering spaces; and (F) provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife. (4) Eligible uses \n(A) In general \nSubject to subparagraph (B), a grant recipient may use a grant awarded under paragraph (1) for a project described in subparagraph (A) or (B) of that paragraph. (B) Limitations on use \nA grant recipient may not use grant funds for— (i) incidental costs related to land acquisition, including appraisal and titling; (ii) operation and maintenance activities; (iii) facilities that support semiprofessional or professional athletics; (iv) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (v) acquisition of land or interests in land that restrict access to specific persons.", "id": "id1956ce9f11b44a9f9e7197a74c3b663a", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(c) Review and evaluation requirements \nIn carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall— (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on— (A) the opportunity to apply for grants under this section; (B) the application procedures by which eligible entities may apply for grants under this section; and (C) eligible uses for grants under this section.", "id": "idccdef2cb23a04a3fb8fe3ae8446ac07f", "header": "Review and evaluation requirements", "nested": [], "links": [] }, { "text": "(d) Reporting \n(1) Annual reports \nNot later than 30 days after the last day of each report period, each State lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that— (A) summarize project activities conducted during the report period; and (B) provide the status of the project. (2) Final reports \nNot later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this section shall submit to the Secretary a final report containing such information as the Secretary may require.", "id": "id4c07a4a25cef4782950d3fb64c0e335e", "header": "Reporting", "nested": [], "links": [] } ], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "407. Recreation budget crosscut \nNot later than 30 days after the end of each fiscal year, beginning with fiscal year 2025, the Director of the Office of Management and Budget shall submit to Congress and make public online a report that describes and itemizes the total amount of funding relating to outdoor recreation that was obligated in the preceding fiscal year in accounts in the Treasury for the Department of the Interior and the Department of Agriculture.", "id": "id103bb8c778f64719899dafd52dfb1a66", "header": "Recreation budget crosscut", "nested": [], "links": [] } ]

[ "Advisory bodies", "Aquatic ecology", "Community life and organization", "Computers and information technology", "Congressional oversight", "Forests, forestry, trees", "Geography and mapping", "Government buildings, facilities, and property", "Government information and archives", "Government liability", "Government studies and investigations", "Hunting and fishing", "Infrastructure development", "Intergovernmental relations", "Internet, web applications, social media", "Land use and conservation", "Licensing and registrations", "Outdoor recreation", "Parks, recreation areas, trails", "Pedestrians and bicycling", "Performance measurement", "Pest management", "Photography and imaging", "Public participation and lobbying", "Public-private cooperation", "Social work, volunteer service, charitable organizations", "Sports and recreation facilities", "Travel and tourism", "Urban and suburban affairs and development", "User charges and fees", "Wilderness and natural areas, wildlife refuges, wild rivers, habitats" ]

[ { "text": "1. Short title \nThis Act may be cited as the ALS Better Care Act.", "id": "H3D4958D5B7704A24B886F90A535245AF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) Amyotrophic lateral sclerosis (in this section, referred to as ALS ) is a progressive and debilitating neurodegenerative disease. (2) Key services, that include (but are not limited to) providing specialized physician or nurse practitioner support, occupational therapy support, speech pathology support, physical therapy, dietary support, respiratory support, registered nurse support, and coordination of the furnishing of durable medical equipment, are crucial for managing the complex medical needs of ALS patients. (3) Studies have shown ALS clinics that provide these key services to ALS patients extend these patients’ lifespans and improve the quality of their lives. (4) These key services are furnished by a range of healthcare professionals. (5) Facilities providing care to ALS patients currently face inadequate Medicare reimbursement for the key services they offer to these patients. (6) Insufficient reimbursement creates significant challenges for facilities specializing in ALS care, resulting in extended wait times for patients in need of crucial services and hampering the ability of these facilities to innovate and improve the quality of care provided to ALS patients. (7) Improved reimbursement rates would encourage facilities to invest in research, innovation, and technology, leading to enhanced treatment options for ALS and improved patient outcomes. (8) Remote medical management options for individuals suffering from ALS must be an essential part of access to care for such individuals, especially those living in rural areas or care deserts. (9) Telehealth is one of the essential management options referred to in paragraph (8) and can assist in delivering timely and comprehensive care, as ALS patients living in rural areas or care deserts often face challenges in accessing specialized ALS care and could otherwise be required to travel long travel distances, often with caregivers or family members. (10) Telehealth is especially important in maintaining access to care for ALS patients as the disease progresses and causes ALS patients to have more limited mobility, which may make it challenging to attend in-person appointments regularly. (11) Low funding and difficulty in staffing for ALS clinical trials delay the development and availability of potential treatments and therapies for individuals living with the disease. (12) Inadequate funding for ALS clinical trials also impedes the ability to attract and retain qualified researchers, clinicians, and support staff, limiting the overall progress and success of these trials.", "id": "H7BCA2958281340B78B2C4D00AD76CAE9", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Providing for coverage of ALS-related services under the Medicare program for individuals diagnosed with amyotrophic lateral sclerosis \n(a) In general \nPart E of title XVIII of the Social Security Act (42 U.S.C. 1395 et. seq.) is amended by inserting after section 1881A the following new section: 1881B. Medicare coverage of ALS-related services for individuals diagnosed with amyotrophic lateral sclerosis \n(a) In general \nIn the case of a covered ALS individual, the Secretary shall establish a supplemental facility-based payment system described in subsection (d) for ALS-related services provided to such an individual. (b) Covered ALS individual \nFor purposes of this section, the term covered ALS individual means an individual who is medically determined to have amyotrophic lateral sclerosis (as described in section 226(h)). (c) ALS-Related services \nFor purposes of this section, the term ALS-related services means items and services that are furnished to a covered ALS individual in an outpatient setting by a qualified provider (or by others under arrangements with them made by the qualified provider) for the care and treatment of such an individual with respect to the progression of amyotrophic lateral sclerosis. (d) Payment system \n(1) Authority \nThe Secretary shall establish a payment system under which a single payment determined in accordance with the succeeding paragraphs is made to a qualified provider for ALS-related services furnished to a covered ALS individual during a visit beginning on or after January 1, 2025, for the purpose of reimbursing the qualified provider for furnishing ALS-related services. (2) Base payment amount \n(A) 2025 \nFor coverage year 2025, the Secretary shall establish a single payment amount for ALS-related services equal to $800 for such services furnished for each visit during such year. (B) 2026 \nFor coverage year 2026, the Secretary shall establish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (i) the payment amount recommended by the Comptroller General in the report described in subparagraph (D); or (ii) the amount specified in subparagraph (A). (C) Subsequent years \nThe Secretary shall do each of the following: (i) Annual increase \nFor each coverage year beginning with coverage year 2027, the Secretary shall annually increase the payment amount for each visit determined under this paragraph by an ALS services market basket percentage increase (as determined by the Secretary) for the purpose of reflecting the year-to-year changes in the prices of an appropriate mix of goods and services that are ALS-related services. (ii) Reestablishment of amount \nFor each coverage year beginning with coverage year 2028, and every 3 coverage years thereafter, for the purpose of ensuring that the range of ALS-related services is modernized over time, the Secretary shall reestablish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (I) the payment amount recommended by the Comptroller General in the report described in clause (i) or (ii) of subparagraph (E), as applicable; or (II) the payment amount specified pursuant to clause (i). (D) Report by the comptroller general \nNot later than January 1, 2025, the Comptroller General shall, in consultation with qualified providers that are representative of the types of qualified providers eligible for payment under this subsection, submit to the Secretary of Health and Human Services a report that recommends a single payment amount for ALS-related services that takes into account the average amount of payment for each item or service included in ALS-related services that the Comptroller General estimates would have been payable— (i) under this title for such a service based on per patient utilization data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services, even if such service is not payable for a particular ALS individual because of the application of section 1862(a)(1)(A) with respect to an item or service provided to such individual; (ii) in the case that an estimate is unable to be determined pursuant to clause (i), by health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act) and MA plans under part C for such a service, based on such data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services; and (iii) in the case that an estimate is unable to be determined pursuant to clause (ii), based on the recommendation of the Specialty Society Relative Value Scale Update Committee of the American Medical Association or the estimate of the Comptroller General for such a service. (E) Subsequent reports \nFor the purpose of subparagraph (C)(ii)(I), the Comptroller General shall, not later than— (i) January 1, 2028, submit a report to the Secretary in accordance with subparagraph (D), except such subparagraph shall be applied by substituting 2024 through 2026 for 2021 through 2023 each place it appears; and (ii) January 1, 2031, and every 3 years thereafter, submit a report to the Secretary in accordance with subparagraph (D), after application of clause (i), except clause (i) shall be applied by substituting coverage years that are 3 years later than the coverage years previously applicable for reports under clause (i) or this clause for 2024 through 2026. (3) Payment adjustments \nThe payment system under this subsection shall include a payment adjustment— (A) for a qualified provider that is participating in at least 1 clinical trial identified on the clinicaltrials.gov database (or any successor database) of the National Institutes of Health to account for the increased costs borne by such a qualified provider during such a clinical trial; and (B) to account for a medical service or technology that is furnished as a part of ALS-related services for which, as determined by the Secretary— (i) payment for the service or technology as part of ALS-related services under this section was not being made in the preceding coverage year; and (ii) the cost of the service or technology is not insignificant in relation to the payment amount (as determined under this subsection) payable for ALS-related services. (4) Mechanism for payments \nFor purposes of making payments for ALS-related services, the Secretary shall establish a mechanism under the payment system under this subsection which makes payment when a qualified provider submits a claim for reimbursement which includes, with respect to a covered ALS individual, an alphanumeric code issued under the International Classification of Diseases, 10th Revision, Clinical Modification (commonly referred to as ICD–10–CM ) and its subsequent revisions that is for the treatment of a diagnosis of amyotrophic lateral sclerosis. (5) No cost sharing \nPayment under this subsection shall be made only on an assignment-related basis without any cost sharing. (6) Qualified provider defined \nIn this section, the term qualified provider means a provider of services or a clinic which— (A) is capable of furnishing care to a covered ALS individual, including by providing such services as providing specialized physician or nurse practitioner support, occupational therapy support, speech pathology support, physical therapy, dietary support, respiratory support, registered nurse support, and coordination of the furnishing of durable medical equipment; and (B) meets such requirements as the Secretary may prescribe by regulation to implement subparagraph (A), in consultation with— (i) covered ALS individuals and their representatives; (ii) physicians who provide ALS-related services and their representatives; and (iii) professional and non-profit organizations with expertise in amyotrophic lateral sclerosis. (e) Clarification \nPayment under subsection (d) shall be in addition to, and shall not supplant, any payment that would be otherwise made to a provider of services, physician, practitioner, supplier, or laboratory under any other provision of this title for an item or service furnished to a covered ALS individual. (f) Implementation \n(1) In general \nExcept as provided under paragraph (2), the Secretary may implement the provisions of this section by program instruction or otherwise. (2) Rulemaking \nThe Secretary shall implement subsections (c) and (d)(6) through notice and comment rulemaking. (g) Funding \nFor purposes of carrying out this section and subject to subsection (e), payment under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 or from the Federal Hospital Insurance Trust Fund under section 1817.. (b) Conforming amendments \n(1) Ensuring supplemental payments for ALS-related services \nSection 1833(t) of the Social Security Act ( 42 U.S.C. 1395(t) is amended by adding at the end the following new paragraph: (23) Ensuring supplemental payments for ALS-related services \nAny covered OPD service furnished to a covered ALS individual (as defined in section 1881B(b)) that is otherwise payable to a qualified provider (as defined in section 1881B(d)(6)) pursuant to paragraph (4) shall be payable under such paragraph notwithstanding any payment made under section 1881B(d).. (2) Definition of arrangements \nSection 1861(w)(1) of the Social Security Act ( 42 U.S.C. 1395x(w)(1) ) is amended by inserting qualified provider (as defined in section 1881B(d)(6)) with respect to ALS-related services (as defined in section 1881B(c)), before or hospice program.", "id": "H8EDB96DBE9E04FEC923B7581D6027560", "header": "Providing for coverage of ALS-related services under the Medicare program for individuals diagnosed with amyotrophic lateral sclerosis", "nested": [ { "text": "(a) In general \nPart E of title XVIII of the Social Security Act (42 U.S.C. 1395 et. seq.) is amended by inserting after section 1881A the following new section: 1881B. Medicare coverage of ALS-related services for individuals diagnosed with amyotrophic lateral sclerosis \n(a) In general \nIn the case of a covered ALS individual, the Secretary shall establish a supplemental facility-based payment system described in subsection (d) for ALS-related services provided to such an individual. (b) Covered ALS individual \nFor purposes of this section, the term covered ALS individual means an individual who is medically determined to have amyotrophic lateral sclerosis (as described in section 226(h)). (c) ALS-Related services \nFor purposes of this section, the term ALS-related services means items and services that are furnished to a covered ALS individual in an outpatient setting by a qualified provider (or by others under arrangements with them made by the qualified provider) for the care and treatment of such an individual with respect to the progression of amyotrophic lateral sclerosis. (d) Payment system \n(1) Authority \nThe Secretary shall establish a payment system under which a single payment determined in accordance with the succeeding paragraphs is made to a qualified provider for ALS-related services furnished to a covered ALS individual during a visit beginning on or after January 1, 2025, for the purpose of reimbursing the qualified provider for furnishing ALS-related services. (2) Base payment amount \n(A) 2025 \nFor coverage year 2025, the Secretary shall establish a single payment amount for ALS-related services equal to $800 for such services furnished for each visit during such year. (B) 2026 \nFor coverage year 2026, the Secretary shall establish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (i) the payment amount recommended by the Comptroller General in the report described in subparagraph (D); or (ii) the amount specified in subparagraph (A). (C) Subsequent years \nThe Secretary shall do each of the following: (i) Annual increase \nFor each coverage year beginning with coverage year 2027, the Secretary shall annually increase the payment amount for each visit determined under this paragraph by an ALS services market basket percentage increase (as determined by the Secretary) for the purpose of reflecting the year-to-year changes in the prices of an appropriate mix of goods and services that are ALS-related services. (ii) Reestablishment of amount \nFor each coverage year beginning with coverage year 2028, and every 3 coverage years thereafter, for the purpose of ensuring that the range of ALS-related services is modernized over time, the Secretary shall reestablish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (I) the payment amount recommended by the Comptroller General in the report described in clause (i) or (ii) of subparagraph (E), as applicable; or (II) the payment amount specified pursuant to clause (i). (D) Report by the comptroller general \nNot later than January 1, 2025, the Comptroller General shall, in consultation with qualified providers that are representative of the types of qualified providers eligible for payment under this subsection, submit to the Secretary of Health and Human Services a report that recommends a single payment amount for ALS-related services that takes into account the average amount of payment for each item or service included in ALS-related services that the Comptroller General estimates would have been payable— (i) under this title for such a service based on per patient utilization data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services, even if such service is not payable for a particular ALS individual because of the application of section 1862(a)(1)(A) with respect to an item or service provided to such individual; (ii) in the case that an estimate is unable to be determined pursuant to clause (i), by health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act) and MA plans under part C for such a service, based on such data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services; and (iii) in the case that an estimate is unable to be determined pursuant to clause (ii), based on the recommendation of the Specialty Society Relative Value Scale Update Committee of the American Medical Association or the estimate of the Comptroller General for such a service. (E) Subsequent reports \nFor the purpose of subparagraph (C)(ii)(I), the Comptroller General shall, not later than— (i) January 1, 2028, submit a report to the Secretary in accordance with subparagraph (D), except such subparagraph shall be applied by substituting 2024 through 2026 for 2021 through 2023 each place it appears; and (ii) January 1, 2031, and every 3 years thereafter, submit a report to the Secretary in accordance with subparagraph (D), after application of clause (i), except clause (i) shall be applied by substituting coverage years that are 3 years later than the coverage years previously applicable for reports under clause (i) or this clause for 2024 through 2026. (3) Payment adjustments \nThe payment system under this subsection shall include a payment adjustment— (A) for a qualified provider that is participating in at least 1 clinical trial identified on the clinicaltrials.gov database (or any successor database) of the National Institutes of Health to account for the increased costs borne by such a qualified provider during such a clinical trial; and (B) to account for a medical service or technology that is furnished as a part of ALS-related services for which, as determined by the Secretary— (i) payment for the service or technology as part of ALS-related services under this section was not being made in the preceding coverage year; and (ii) the cost of the service or technology is not insignificant in relation to the payment amount (as determined under this subsection) payable for ALS-related services. (4) Mechanism for payments \nFor purposes of making payments for ALS-related services, the Secretary shall establish a mechanism under the payment system under this subsection which makes payment when a qualified provider submits a claim for reimbursement which includes, with respect to a covered ALS individual, an alphanumeric code issued under the International Classification of Diseases, 10th Revision, Clinical Modification (commonly referred to as ICD–10–CM ) and its subsequent revisions that is for the treatment of a diagnosis of amyotrophic lateral sclerosis. (5) No cost sharing \nPayment under this subsection shall be made only on an assignment-related basis without any cost sharing. (6) Qualified provider defined \nIn this section, the term qualified provider means a provider of services or a clinic which— (A) is capable of furnishing care to a covered ALS individual, including by providing such services as providing specialized physician or nurse practitioner support, occupational therapy support, speech pathology support, physical therapy, dietary support, respiratory support, registered nurse support, and coordination of the furnishing of durable medical equipment; and (B) meets such requirements as the Secretary may prescribe by regulation to implement subparagraph (A), in consultation with— (i) covered ALS individuals and their representatives; (ii) physicians who provide ALS-related services and their representatives; and (iii) professional and non-profit organizations with expertise in amyotrophic lateral sclerosis. (e) Clarification \nPayment under subsection (d) shall be in addition to, and shall not supplant, any payment that would be otherwise made to a provider of services, physician, practitioner, supplier, or laboratory under any other provision of this title for an item or service furnished to a covered ALS individual. (f) Implementation \n(1) In general \nExcept as provided under paragraph (2), the Secretary may implement the provisions of this section by program instruction or otherwise. (2) Rulemaking \nThe Secretary shall implement subsections (c) and (d)(6) through notice and comment rulemaking. (g) Funding \nFor purposes of carrying out this section and subject to subsection (e), payment under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 or from the Federal Hospital Insurance Trust Fund under section 1817..", "id": "HEFBD2A6C00A34B21AF49569E7E832904", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \n(1) Ensuring supplemental payments for ALS-related services \nSection 1833(t) of the Social Security Act ( 42 U.S.C. 1395(t) is amended by adding at the end the following new paragraph: (23) Ensuring supplemental payments for ALS-related services \nAny covered OPD service furnished to a covered ALS individual (as defined in section 1881B(b)) that is otherwise payable to a qualified provider (as defined in section 1881B(d)(6)) pursuant to paragraph (4) shall be payable under such paragraph notwithstanding any payment made under section 1881B(d).. (2) Definition of arrangements \nSection 1861(w)(1) of the Social Security Act ( 42 U.S.C. 1395x(w)(1) ) is amended by inserting qualified provider (as defined in section 1881B(d)(6)) with respect to ALS-related services (as defined in section 1881B(c)), before or hospice program.", "id": "H318DDC27230B4C92915F48B64862DD35", "header": "Conforming amendments", "nested": [], "links": [ { "text": "42 U.S.C. 1395(t)", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1395x(w)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] } ], "links": [ { "text": "42 U.S.C. 1395(t)", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1395x(w)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "1881B. Medicare coverage of ALS-related services for individuals diagnosed with amyotrophic lateral sclerosis \n(a) In general \nIn the case of a covered ALS individual, the Secretary shall establish a supplemental facility-based payment system described in subsection (d) for ALS-related services provided to such an individual. (b) Covered ALS individual \nFor purposes of this section, the term covered ALS individual means an individual who is medically determined to have amyotrophic lateral sclerosis (as described in section 226(h)). (c) ALS-Related services \nFor purposes of this section, the term ALS-related services means items and services that are furnished to a covered ALS individual in an outpatient setting by a qualified provider (or by others under arrangements with them made by the qualified provider) for the care and treatment of such an individual with respect to the progression of amyotrophic lateral sclerosis. (d) Payment system \n(1) Authority \nThe Secretary shall establish a payment system under which a single payment determined in accordance with the succeeding paragraphs is made to a qualified provider for ALS-related services furnished to a covered ALS individual during a visit beginning on or after January 1, 2025, for the purpose of reimbursing the qualified provider for furnishing ALS-related services. (2) Base payment amount \n(A) 2025 \nFor coverage year 2025, the Secretary shall establish a single payment amount for ALS-related services equal to $800 for such services furnished for each visit during such year. (B) 2026 \nFor coverage year 2026, the Secretary shall establish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (i) the payment amount recommended by the Comptroller General in the report described in subparagraph (D); or (ii) the amount specified in subparagraph (A). (C) Subsequent years \nThe Secretary shall do each of the following: (i) Annual increase \nFor each coverage year beginning with coverage year 2027, the Secretary shall annually increase the payment amount for each visit determined under this paragraph by an ALS services market basket percentage increase (as determined by the Secretary) for the purpose of reflecting the year-to-year changes in the prices of an appropriate mix of goods and services that are ALS-related services. (ii) Reestablishment of amount \nFor each coverage year beginning with coverage year 2028, and every 3 coverage years thereafter, for the purpose of ensuring that the range of ALS-related services is modernized over time, the Secretary shall reestablish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (I) the payment amount recommended by the Comptroller General in the report described in clause (i) or (ii) of subparagraph (E), as applicable; or (II) the payment amount specified pursuant to clause (i). (D) Report by the comptroller general \nNot later than January 1, 2025, the Comptroller General shall, in consultation with qualified providers that are representative of the types of qualified providers eligible for payment under this subsection, submit to the Secretary of Health and Human Services a report that recommends a single payment amount for ALS-related services that takes into account the average amount of payment for each item or service included in ALS-related services that the Comptroller General estimates would have been payable— (i) under this title for such a service based on per patient utilization data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services, even if such service is not payable for a particular ALS individual because of the application of section 1862(a)(1)(A) with respect to an item or service provided to such individual; (ii) in the case that an estimate is unable to be determined pursuant to clause (i), by health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act) and MA plans under part C for such a service, based on such data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services; and (iii) in the case that an estimate is unable to be determined pursuant to clause (ii), based on the recommendation of the Specialty Society Relative Value Scale Update Committee of the American Medical Association or the estimate of the Comptroller General for such a service. (E) Subsequent reports \nFor the purpose of subparagraph (C)(ii)(I), the Comptroller General shall, not later than— (i) January 1, 2028, submit a report to the Secretary in accordance with subparagraph (D), except such subparagraph shall be applied by substituting 2024 through 2026 for 2021 through 2023 each place it appears; and (ii) January 1, 2031, and every 3 years thereafter, submit a report to the Secretary in accordance with subparagraph (D), after application of clause (i), except clause (i) shall be applied by substituting coverage years that are 3 years later than the coverage years previously applicable for reports under clause (i) or this clause for 2024 through 2026. (3) Payment adjustments \nThe payment system under this subsection shall include a payment adjustment— (A) for a qualified provider that is participating in at least 1 clinical trial identified on the clinicaltrials.gov database (or any successor database) of the National Institutes of Health to account for the increased costs borne by such a qualified provider during such a clinical trial; and (B) to account for a medical service or technology that is furnished as a part of ALS-related services for which, as determined by the Secretary— (i) payment for the service or technology as part of ALS-related services under this section was not being made in the preceding coverage year; and (ii) the cost of the service or technology is not insignificant in relation to the payment amount (as determined under this subsection) payable for ALS-related services. (4) Mechanism for payments \nFor purposes of making payments for ALS-related services, the Secretary shall establish a mechanism under the payment system under this subsection which makes payment when a qualified provider submits a claim for reimbursement which includes, with respect to a covered ALS individual, an alphanumeric code issued under the International Classification of Diseases, 10th Revision, Clinical Modification (commonly referred to as ICD–10–CM ) and its subsequent revisions that is for the treatment of a diagnosis of amyotrophic lateral sclerosis. (5) No cost sharing \nPayment under this subsection shall be made only on an assignment-related basis without any cost sharing. (6) Qualified provider defined \nIn this section, the term qualified provider means a provider of services or a clinic which— (A) is capable of furnishing care to a covered ALS individual, including by providing such services as providing specialized physician or nurse practitioner support, occupational therapy support, speech pathology support, physical therapy, dietary support, respiratory support, registered nurse support, and coordination of the furnishing of durable medical equipment; and (B) meets such requirements as the Secretary may prescribe by regulation to implement subparagraph (A), in consultation with— (i) covered ALS individuals and their representatives; (ii) physicians who provide ALS-related services and their representatives; and (iii) professional and non-profit organizations with expertise in amyotrophic lateral sclerosis. (e) Clarification \nPayment under subsection (d) shall be in addition to, and shall not supplant, any payment that would be otherwise made to a provider of services, physician, practitioner, supplier, or laboratory under any other provision of this title for an item or service furnished to a covered ALS individual. (f) Implementation \n(1) In general \nExcept as provided under paragraph (2), the Secretary may implement the provisions of this section by program instruction or otherwise. (2) Rulemaking \nThe Secretary shall implement subsections (c) and (d)(6) through notice and comment rulemaking. (g) Funding \nFor purposes of carrying out this section and subject to subsection (e), payment under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 or from the Federal Hospital Insurance Trust Fund under section 1817.", "id": "H517038706D3046BEB6CE6CB6FEA19E1E", "header": "Medicare coverage of ALS-related services for individuals diagnosed with amyotrophic lateral sclerosis", "nested": [ { "text": "(a) In general \nIn the case of a covered ALS individual, the Secretary shall establish a supplemental facility-based payment system described in subsection (d) for ALS-related services provided to such an individual.", "id": "HDAD7578DCA9E4936B75DA82E0BECC866", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered ALS individual \nFor purposes of this section, the term covered ALS individual means an individual who is medically determined to have amyotrophic lateral sclerosis (as described in section 226(h)).", "id": "H789048C31503491FAE942F788AB1FCC1", "header": "Covered ALS individual", "nested": [], "links": [] }, { "text": "(c) ALS-Related services \nFor purposes of this section, the term ALS-related services means items and services that are furnished to a covered ALS individual in an outpatient setting by a qualified provider (or by others under arrangements with them made by the qualified provider) for the care and treatment of such an individual with respect to the progression of amyotrophic lateral sclerosis.", "id": "H8DB79900FA8640489B774021E0892A39", "header": "ALS-Related services", "nested": [], "links": [] }, { "text": "(d) Payment system \n(1) Authority \nThe Secretary shall establish a payment system under which a single payment determined in accordance with the succeeding paragraphs is made to a qualified provider for ALS-related services furnished to a covered ALS individual during a visit beginning on or after January 1, 2025, for the purpose of reimbursing the qualified provider for furnishing ALS-related services. (2) Base payment amount \n(A) 2025 \nFor coverage year 2025, the Secretary shall establish a single payment amount for ALS-related services equal to $800 for such services furnished for each visit during such year. (B) 2026 \nFor coverage year 2026, the Secretary shall establish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (i) the payment amount recommended by the Comptroller General in the report described in subparagraph (D); or (ii) the amount specified in subparagraph (A). (C) Subsequent years \nThe Secretary shall do each of the following: (i) Annual increase \nFor each coverage year beginning with coverage year 2027, the Secretary shall annually increase the payment amount for each visit determined under this paragraph by an ALS services market basket percentage increase (as determined by the Secretary) for the purpose of reflecting the year-to-year changes in the prices of an appropriate mix of goods and services that are ALS-related services. (ii) Reestablishment of amount \nFor each coverage year beginning with coverage year 2028, and every 3 coverage years thereafter, for the purpose of ensuring that the range of ALS-related services is modernized over time, the Secretary shall reestablish a single payment amount for ALS-related services furnished for each visit during such year that is the greater of— (I) the payment amount recommended by the Comptroller General in the report described in clause (i) or (ii) of subparagraph (E), as applicable; or (II) the payment amount specified pursuant to clause (i). (D) Report by the comptroller general \nNot later than January 1, 2025, the Comptroller General shall, in consultation with qualified providers that are representative of the types of qualified providers eligible for payment under this subsection, submit to the Secretary of Health and Human Services a report that recommends a single payment amount for ALS-related services that takes into account the average amount of payment for each item or service included in ALS-related services that the Comptroller General estimates would have been payable— (i) under this title for such a service based on per patient utilization data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services, even if such service is not payable for a particular ALS individual because of the application of section 1862(a)(1)(A) with respect to an item or service provided to such individual; (ii) in the case that an estimate is unable to be determined pursuant to clause (i), by health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act) and MA plans under part C for such a service, based on such data from whichever single coverage year from 2021 through 2023 has the highest per patient utilization of ALS-related services; and (iii) in the case that an estimate is unable to be determined pursuant to clause (ii), based on the recommendation of the Specialty Society Relative Value Scale Update Committee of the American Medical Association or the estimate of the Comptroller General for such a service. (E) Subsequent reports \nFor the purpose of subparagraph (C)(ii)(I), the Comptroller General shall, not later than— (i) January 1, 2028, submit a report to the Secretary in accordance with subparagraph (D), except such subparagraph shall be applied by substituting 2024 through 2026 for 2021 through 2023 each place it appears; and (ii) January 1, 2031, and every 3 years thereafter, submit a report to the Secretary in accordance with subparagraph (D), after application of clause (i), except clause (i) shall be applied by substituting coverage years that are 3 years later than the coverage years previously applicable for reports under clause (i) or this clause for 2024 through 2026. (3) Payment adjustments \nThe payment system under this subsection shall include a payment adjustment— (A) for a qualified provider that is participating in at least 1 clinical trial identified on the clinicaltrials.gov database (or any successor database) of the National Institutes of Health to account for the increased costs borne by such a qualified provider during such a clinical trial; and (B) to account for a medical service or technology that is furnished as a part of ALS-related services for which, as determined by the Secretary— (i) payment for the service or technology as part of ALS-related services under this section was not being made in the preceding coverage year; and (ii) the cost of the service or technology is not insignificant in relation to the payment amount (as determined under this subsection) payable for ALS-related services. (4) Mechanism for payments \nFor purposes of making payments for ALS-related services, the Secretary shall establish a mechanism under the payment system under this subsection which makes payment when a qualified provider submits a claim for reimbursement which includes, with respect to a covered ALS individual, an alphanumeric code issued under the International Classification of Diseases, 10th Revision, Clinical Modification (commonly referred to as ICD–10–CM ) and its subsequent revisions that is for the treatment of a diagnosis of amyotrophic lateral sclerosis. (5) No cost sharing \nPayment under this subsection shall be made only on an assignment-related basis without any cost sharing. (6) Qualified provider defined \nIn this section, the term qualified provider means a provider of services or a clinic which— (A) is capable of furnishing care to a covered ALS individual, including by providing such services as providing specialized physician or nurse practitioner support, occupational therapy support, speech pathology support, physical therapy, dietary support, respiratory support, registered nurse support, and coordination of the furnishing of durable medical equipment; and (B) meets such requirements as the Secretary may prescribe by regulation to implement subparagraph (A), in consultation with— (i) covered ALS individuals and their representatives; (ii) physicians who provide ALS-related services and their representatives; and (iii) professional and non-profit organizations with expertise in amyotrophic lateral sclerosis.", "id": "HF6014B771FEA4E7C82A639A92C5BE545", "header": "Payment system", "nested": [], "links": [] }, { "text": "(e) Clarification \nPayment under subsection (d) shall be in addition to, and shall not supplant, any payment that would be otherwise made to a provider of services, physician, practitioner, supplier, or laboratory under any other provision of this title for an item or service furnished to a covered ALS individual.", "id": "HDE02BED603CD4C8E8060F3FED4327321", "header": "Clarification", "nested": [], "links": [] }, { "text": "(f) Implementation \n(1) In general \nExcept as provided under paragraph (2), the Secretary may implement the provisions of this section by program instruction or otherwise. (2) Rulemaking \nThe Secretary shall implement subsections (c) and (d)(6) through notice and comment rulemaking.", "id": "HAB3EF84348FD445BB99A6892B7F35040", "header": "Implementation", "nested": [], "links": [] }, { "text": "(g) Funding \nFor purposes of carrying out this section and subject to subsection (e), payment under this section shall be made from the Federal Supplementary Medical Insurance Trust Fund under section 1841 or from the Federal Hospital Insurance Trust Fund under section 1817.", "id": "HD13A57C9E53542B9B1DF70A01ADE9956", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Report on challenges with respect to the administration and staffing of amyotrophic lateral sclerosis clinical trials \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institute of Neurological Disorders and Stroke, shall submit to Congress and publish on the Internet website of the agency a report that identifies— (1) any challenges with respect to the administration and staffing of clinical trials for the prevention, diagnosis, mitigation, treatment, or cure of amyotrophic lateral sclerosis; (2) actions that the Director of the National Institute of Neurological Disorders and Stroke will take to address such challenges; and (3) any legislative recommendations (including requests for appropriations) to further improve the administration of such clinical trials.", "id": "HD124CA4E736E4B6D9A0BB4A68305315C", "header": "Report on challenges with respect to the administration and staffing of amyotrophic lateral sclerosis clinical trials", "nested": [], "links": [] } ]

[ "Congressional oversight", "Government information and archives", "Health care coverage and access", "Health programs administration and funding", "Medical research", "Medicare", "Neurological disorders", "Research administration and funding" ]

[ { "text": "1. Short title \nThis Act may be cited as the Hydrogen for Trucks Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Heavy-duty fuel cell vehicle demonstration program \n(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means an entity described in subsection (b)(2). (2) Heavy-duty fuel cell vehicle \n(A) In general \nThe term heavy-duty fuel cell vehicle means a vehicle that— (i) has a manufacturer gross vehicle weight rating of more than 26,000 pounds, as determined by the Federal Highway Administration; (ii) is not powered or charged by an internal combustion engine; and (iii) is propelled solely by an electric motor that draws electricity from— (I) a fuel cell; or (II) a combination of a fuel cell and a battery. (B) Inclusion \nThe term heavy-duty fuel cell vehicle includes any off-road vehicle, such as a yard truck, that meets the requirements of subparagraph (A). (3) Program \nThe term program means the program established under subsection (b)(1). (4) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Establishment \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. (2) Eligible entities \nTo be eligible to receive a grant under the program, an entity shall be— (A) a private heavy-duty truck fleet owner with high duty cycle or long-haul operations; (B) an operator with a return to base mode that requires refueling primarily at a single station, including an airport, a delivery warehouse, and a shipping port; (C) a leasing firm; (D) an independent owner-operator; (E) a public hydrogen fueling station developer or operator; (F) a Federal, State, or local agency that owns, operates, leases, or otherwise controls a fleet of public vehicles; or (G) a partnership of 1 or more entities described in subparagraphs (A) through (E). (3) Applications \n(A) In general \nSubject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (B) Requirement \nIf an eligible entity desiring a grant under the program intends to use the grant for only 1 of the uses described in subparagraphs (A) and (B) of subsection (d)(1), the eligible entity shall include in the application under subparagraph (A) a description of— (i) if the grant is to be used only for the use described in subparagraph (A) of subsection (d)(1), the availability of not fewer than 1 hydrogen fueling station that can be used by heavy-duty fuel cell vehicles; (ii) if the grant is to be used only for the use described in subparagraph (B) of subsection (d)(1), the availability of not fewer than 7 heavy-duty fuel cell vehicles that— (I) use hydrogen as a fuel source; and (II) will use 1 or more hydrogen fueling stations demonstrated using the grant; and (iii) the means by which the project of the eligible entity will expand the demand for and use of any existing infrastructure. (4) Considerations \nIn selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall— (A) take into account whether the eligible entity has the potential to expand the use of hydrogen demonstrated by the eligible entity using the grant to other applications within the region in which the eligible entity operates; and (B) to the maximum extent practicable— (i) select eligible entities operating in different regions of the United States— (I) to demonstrate different types of fleet operations, such as fleet operations with differing local hydrogen supplies, climate conditions, route lengths and geographies, and sizes of vehicles; and (II) to identify any differences in performance demonstrated by the heavy-duty fuel cell vehicles used by the eligible entity that are due to regional characteristics; (ii) select eligible entities that intend to use the grant for both of the uses described in subparagraphs (A) and (B) of subsection (d)(1); and (iii) select projects that will generate the greatest benefit to low-income or disadvantaged communities (including cities, towns, counties, and reasonably isolated and divisible segments of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Priority \nIn selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (6) Special consideration \nIn selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to— (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals \nThe goals of the program shall be— (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. (d) Use of grant funds \n(1) In general \nAn eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of— (A) not fewer than 7 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) 1 or more hydrogen fueling stations for use by heavy-duty fuel cell vehicles. (2) Eligible costs \nAn eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). (B) The costs, such as costs associated with labor, complying with maintenance requirements, and grant administration, of operating— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (C) Overhead costs. (D) The costs of training personnel to ensure safety and best practices during construction, fueling and refueling, maintenance, and upkeep, as applicable, of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (E) The costs of complying with— (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (3) Operation \n(A) In general \nExcept as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall— (i) allow only private access; or (ii) be open to the public. (B) Public hydrogen fueling station developers and operators \nAn eligible entity described in subsection (b)(2)(E) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (4) Capital costs of vehicles \nWith respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of— (A) an amount equal to the difference between— (i) the cost of the heavy-duty fuel cell vehicle; and (ii) the product obtained by multiplying— (I) the cost of a comparable gasoline- or diesel-fueled vehicle; and (II) 0.5; and (B) $500,000. (e) Amount of a grant \nThe amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost sharing \nThe non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (g) Leak detection \nEach eligible entity that receives a grant under the program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV ) program; and (2) a hydrogen leak detection and repair (also known as LDAR ) program. (h) Reporting \n(1) In general \nAn eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. (2) Requirement \nThe operational data required by the Secretary under paragraph (1) shall include, at a minimum, data relating to— (A) operational expenses; (B) fuel use; and (C) reliability. (3) System \nThe Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (i) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for the period of fiscal years 2024 through 2028.", "id": "id95DD681DB0C24A59B615CA59D2A475C3", "header": "Heavy-duty fuel cell vehicle demonstration program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means an entity described in subsection (b)(2). (2) Heavy-duty fuel cell vehicle \n(A) In general \nThe term heavy-duty fuel cell vehicle means a vehicle that— (i) has a manufacturer gross vehicle weight rating of more than 26,000 pounds, as determined by the Federal Highway Administration; (ii) is not powered or charged by an internal combustion engine; and (iii) is propelled solely by an electric motor that draws electricity from— (I) a fuel cell; or (II) a combination of a fuel cell and a battery. (B) Inclusion \nThe term heavy-duty fuel cell vehicle includes any off-road vehicle, such as a yard truck, that meets the requirements of subparagraph (A). (3) Program \nThe term program means the program established under subsection (b)(1). (4) Secretary \nThe term Secretary means the Secretary of Transportation.", "id": "idDD8DE5B266E548199F4AE11682EBFFDB", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. (2) Eligible entities \nTo be eligible to receive a grant under the program, an entity shall be— (A) a private heavy-duty truck fleet owner with high duty cycle or long-haul operations; (B) an operator with a return to base mode that requires refueling primarily at a single station, including an airport, a delivery warehouse, and a shipping port; (C) a leasing firm; (D) an independent owner-operator; (E) a public hydrogen fueling station developer or operator; (F) a Federal, State, or local agency that owns, operates, leases, or otherwise controls a fleet of public vehicles; or (G) a partnership of 1 or more entities described in subparagraphs (A) through (E). (3) Applications \n(A) In general \nSubject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (B) Requirement \nIf an eligible entity desiring a grant under the program intends to use the grant for only 1 of the uses described in subparagraphs (A) and (B) of subsection (d)(1), the eligible entity shall include in the application under subparagraph (A) a description of— (i) if the grant is to be used only for the use described in subparagraph (A) of subsection (d)(1), the availability of not fewer than 1 hydrogen fueling station that can be used by heavy-duty fuel cell vehicles; (ii) if the grant is to be used only for the use described in subparagraph (B) of subsection (d)(1), the availability of not fewer than 7 heavy-duty fuel cell vehicles that— (I) use hydrogen as a fuel source; and (II) will use 1 or more hydrogen fueling stations demonstrated using the grant; and (iii) the means by which the project of the eligible entity will expand the demand for and use of any existing infrastructure. (4) Considerations \nIn selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall— (A) take into account whether the eligible entity has the potential to expand the use of hydrogen demonstrated by the eligible entity using the grant to other applications within the region in which the eligible entity operates; and (B) to the maximum extent practicable— (i) select eligible entities operating in different regions of the United States— (I) to demonstrate different types of fleet operations, such as fleet operations with differing local hydrogen supplies, climate conditions, route lengths and geographies, and sizes of vehicles; and (II) to identify any differences in performance demonstrated by the heavy-duty fuel cell vehicles used by the eligible entity that are due to regional characteristics; (ii) select eligible entities that intend to use the grant for both of the uses described in subparagraphs (A) and (B) of subsection (d)(1); and (iii) select projects that will generate the greatest benefit to low-income or disadvantaged communities (including cities, towns, counties, and reasonably isolated and divisible segments of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Priority \nIn selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (6) Special consideration \nIn selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to— (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share.", "id": "id3997FE462DB84636B79B35AE62518508", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Goals \nThe goals of the program shall be— (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles.", "id": "idD6227461F2524C2494A7FC0FBAA0CDD2", "header": "Goals", "nested": [], "links": [] }, { "text": "(d) Use of grant funds \n(1) In general \nAn eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of— (A) not fewer than 7 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) 1 or more hydrogen fueling stations for use by heavy-duty fuel cell vehicles. (2) Eligible costs \nAn eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). (B) The costs, such as costs associated with labor, complying with maintenance requirements, and grant administration, of operating— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (C) Overhead costs. (D) The costs of training personnel to ensure safety and best practices during construction, fueling and refueling, maintenance, and upkeep, as applicable, of— (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (E) The costs of complying with— (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (3) Operation \n(A) In general \nExcept as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall— (i) allow only private access; or (ii) be open to the public. (B) Public hydrogen fueling station developers and operators \nAn eligible entity described in subsection (b)(2)(E) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (4) Capital costs of vehicles \nWith respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of— (A) an amount equal to the difference between— (i) the cost of the heavy-duty fuel cell vehicle; and (ii) the product obtained by multiplying— (I) the cost of a comparable gasoline- or diesel-fueled vehicle; and (II) 0.5; and (B) $500,000.", "id": "idFFEB17A7A76E4399A771278DEC66BC06", "header": "Use of grant funds", "nested": [], "links": [] }, { "text": "(e) Amount of a grant \nThe amount of a grant provided by the Secretary under the program shall be not more than $20,000,000.", "id": "id4AE4F195635F47EDBB72958C79AB5FCA", "header": "Amount of a grant", "nested": [], "links": [] }, { "text": "(f) Cost sharing \nThe non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent.", "id": "idf843afa816d3466ab768872f6277516d", "header": "Cost sharing", "nested": [], "links": [] }, { "text": "(g) Leak detection \nEach eligible entity that receives a grant under the program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV ) program; and (2) a hydrogen leak detection and repair (also known as LDAR ) program.", "id": "id48B12825552148FC9BB766E4441E91E4", "header": "Leak detection", "nested": [], "links": [] }, { "text": "(h) Reporting \n(1) In general \nAn eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. (2) Requirement \nThe operational data required by the Secretary under paragraph (1) shall include, at a minimum, data relating to— (A) operational expenses; (B) fuel use; and (C) reliability. (3) System \nThe Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program.", "id": "id3B193F0F985D42499B97C9B5C9DE4F90", "header": "Reporting", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for the period of fiscal years 2024 through 2028.", "id": "id4FBE397A1FB94701BB00BCB31BF26430", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Alternative and renewable resources", "Energy efficiency and conservation", "Energy storage, supplies, demand", "Government lending and loan guarantees", "Infrastructure development", "Motor carriers" ]

[ { "text": "1. Short title \nThis Act may be cited as the End Employer Collusion Act.", "id": "idF9ADAF64AFCD4CA69F450C26627BE63C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Unfair methods on competition relating to restrictive employment agreements \n(a) Definitions \nIn this section: (1) Employer \nThe term employer has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (2) Restrictive employment agreement \nthe term restrictive employment agreement means any agreement that— (A) is between 2 or more employers, including through a franchise agreement or a contractor-subcontractor agreement; and (B) prohibits or restricts one such employer from soliciting or hiring the employees or former employees of another such employer. (b) Conduct prohibited \nIt shall be unlawful for any entity to— (1) enter into a restrictive employment agreement; or (2) enforce or threaten to enforce a restrictive employment agreement. (c) Enforcement \n(1) Private right of action \n(A) In general \nAny person who violates subsection (b) shall be liable to any individual harmed as a result of such violation in an amount equal to the sum— (i) of any actual damages sustained by the individual as a result of the violation; (ii) such amount of punitive damages as the court may allow; and (iii) in the case of any successful action to enforce any liability under this section, the costs of the action and any reasonable attorney’s fees, as determined by the court. (B) Venue \nAn individual described in subparagraph (A) may bring a civil action under subparagraph (A) in any appropriate district court of the United States. (2) Federal Trade Commission \n(A) In general \nThe Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities \nAny person who violates subsection (b) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ).", "id": "id7217FDEEAA8242E3B6FEACFE797E6185", "header": "Unfair methods on competition relating to restrictive employment agreements", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Employer \nThe term employer has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (2) Restrictive employment agreement \nthe term restrictive employment agreement means any agreement that— (A) is between 2 or more employers, including through a franchise agreement or a contractor-subcontractor agreement; and (B) prohibits or restricts one such employer from soliciting or hiring the employees or former employees of another such employer.", "id": "id89A44CC095A8419AA6D7E97C0EBE56E6", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] }, { "text": "(b) Conduct prohibited \nIt shall be unlawful for any entity to— (1) enter into a restrictive employment agreement; or (2) enforce or threaten to enforce a restrictive employment agreement.", "id": "id41F10AC435334EE99223D95DBB6893EA", "header": "Conduct prohibited", "nested": [], "links": [] }, { "text": "(c) Enforcement \n(1) Private right of action \n(A) In general \nAny person who violates subsection (b) shall be liable to any individual harmed as a result of such violation in an amount equal to the sum— (i) of any actual damages sustained by the individual as a result of the violation; (ii) such amount of punitive damages as the court may allow; and (iii) in the case of any successful action to enforce any liability under this section, the costs of the action and any reasonable attorney’s fees, as determined by the court. (B) Venue \nAn individual described in subparagraph (A) may bring a civil action under subparagraph (A) in any appropriate district court of the United States. (2) Federal Trade Commission \n(A) In general \nThe Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities \nAny person who violates subsection (b) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ).", "id": "id9d2a2665c34e4b8d8dea5d1f2f555afe", "header": "Enforcement", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ], "links": [ { "text": "29 U.S.C. 203", "legal-doc": "usc", "parsable-cite": "usc/29/203" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ]

[ "Civil actions and liability", "Competition and antitrust", "Contracts and agency", "Employee hiring", "Employment discrimination and employee rights", "Labor-management relations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Congressional Award Program Reauthorization Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Termination \n(a) In general \nSection 108 of the Congressional Award Act ( 2 U.S.C. 808 ) is amended by striking October 1, 2023 and inserting October 1, 2028. (b) Retroactive effective date \nIf this Act is enacted after October 1, 2023, the amendment made by subsection (a) shall take effect as if enacted on October 1, 2023.", "id": "idfab0ba1c11de48429c98ff22aa45fb65", "header": "Termination", "nested": [ { "text": "(a) In general \nSection 108 of the Congressional Award Act ( 2 U.S.C. 808 ) is amended by striking October 1, 2023 and inserting October 1, 2028.", "id": "id300F67401EDF4B2CAA7DFF9D5ED1BEF6", "header": "In general", "nested": [], "links": [ { "text": "2 U.S.C. 808", "legal-doc": "usc", "parsable-cite": "usc/2/808" } ] }, { "text": "(b) Retroactive effective date \nIf this Act is enacted after October 1, 2023, the amendment made by subsection (a) shall take effect as if enacted on October 1, 2023.", "id": "id133FB6A380F246B88350A848CCE18246", "header": "Retroactive effective date", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 808", "legal-doc": "usc", "parsable-cite": "usc/2/808" } ] }, { "text": "3. Other amendments \nSection 102 of the Congressional Award Act ( 2 U.S.C. 802 ) is amended— (1) in subsection (a), by striking Each medal shall consist of gold-plate over bronze, rhodium over bronze, or bronze and shall be struck in accordance with subsection (f). ; and (2) in subsection (f)(1), in the second sentence, by striking Subject to subsection (a), the and inserting The.", "id": "id97d76a7ebffd458fbb3629defc4f6c52", "header": "Other amendments", "nested": [], "links": [ { "text": "2 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/2/802" } ] } ]

[ "Congressional tributes", "Social work, volunteer service, charitable organizations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Train More Nurses Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Review of and report on programs supporting the nursing workforce \nThe Secretary of Health and Human Services and the Secretary of Labor, jointly, shall— (1) conduct a review of all grant programs carried out by the Department of Health and Human Services or the Department of Labor that support the nurse workforce; and (2) not later than 1 year after the date of enactment of this Act, submit to Congress a report on the review under paragraph (1) that includes recommendations for changes to such grant programs to improve upon the goals of— (A) increasing nurse faculty, particularly in underserved areas; (B) providing pathways for nurses who have more than 10 years of clinical experience to become faculty at schools of nursing; and (C) encouraging and increasing the nursing pipeline through pathways for licensed practical nurses to become registered nurses.", "id": "idc9e9192c509d46dfad20f8d21a631076", "header": "Review of and report on programs supporting the nursing workforce", "nested": [], "links": [] } ]

[ "Employment and training programs", "Nursing" ]

[ { "text": "1. Short title \nThis Act may be cited as the Increasing Transparency in Generic Drug Applications Act.", "id": "H9B846A0D63E64E158D625CE1B2117239", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Increasing transparency in generic drug applications \n(a) In general \nSection 505(j)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(3) ) is amended by adding at the end the following: (H) (i) Upon request (in controlled correspondence or otherwise) by a person that has submitted or intends to submit an abbreviated application under this subsection for a drug that is generally required by regulation or recommended in guidance to contain the same inactive ingredients in the same concentration as the listed drug referred to or for which there is a scientific justification that an in vitro approach can be used to demonstrate bioequivalence based on certain qualitative or quantitative criteria with respect to an inactive ingredient, or on the Secretary’s own initiative during the review of an application under this subsection for such a drug, the Secretary shall inform the person whether such drug is qualitatively and quantitatively the same as the listed drug. (ii) If the Secretary determines that such drug is not qualitatively or quantitatively the same as the listed drug, the Secretary shall identify and disclose to the person— (I) the ingredient or ingredients that cause the drug not to be qualitatively or quantitatively the same as the listed drug; and (II) for any ingredient for which there is an identified quantitative deviation, the amount of such deviation. (iii) If the Secretary determines that such drug is qualitatively and quantitatively the same as the listed drug, the Secretary shall not change or rescind such determination after the submission of an abbreviated application for such drug under this subsection unless— (I) the formulation of the listed drug has been changed and the Secretary has determined that the prior listed drug formulation was withdrawn for reasons of safety or effectiveness; or (II) the Secretary makes a written determination that the prior determination must be changed because an error has been identified. (iv) If the Secretary makes a written determination described in clause (iii)(II), the Secretary shall provide notice and a copy of the written determination to the person making the request under clause (i). (v) The disclosures required by this subparagraph are disclosures authorized by law, including for purposes of section 1905 of title 18, United States Code.. (b) Guidance \n(1) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue draft guidance, or update guidance, describing how the Secretary will determine whether a drug is qualitatively and quantitatively the same as the listed drug (as such terms are used in section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)), including with respect to assessing pH adjusters. (2) Process \nIn issuing guidance under this subsection, the Secretary of Health and Human Services shall— (A) publish draft guidance; (B) provide a period of at least 60 days for comment on the draft guidance; and (C) after considering any comments received and not later than one year after the close of the comment period on the draft guidance, publish final guidance. (c) Applicability \nSection 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date of enactment of this Act, irrespective of the date on which the guidance required by subsection (b) is finalized.", "id": "id85267716501945139E8E277CCF367E8A", "header": "Increasing transparency in generic drug applications", "nested": [ { "text": "(a) In general \nSection 505(j)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(3) ) is amended by adding at the end the following: (H) (i) Upon request (in controlled correspondence or otherwise) by a person that has submitted or intends to submit an abbreviated application under this subsection for a drug that is generally required by regulation or recommended in guidance to contain the same inactive ingredients in the same concentration as the listed drug referred to or for which there is a scientific justification that an in vitro approach can be used to demonstrate bioequivalence based on certain qualitative or quantitative criteria with respect to an inactive ingredient, or on the Secretary’s own initiative during the review of an application under this subsection for such a drug, the Secretary shall inform the person whether such drug is qualitatively and quantitatively the same as the listed drug. (ii) If the Secretary determines that such drug is not qualitatively or quantitatively the same as the listed drug, the Secretary shall identify and disclose to the person— (I) the ingredient or ingredients that cause the drug not to be qualitatively or quantitatively the same as the listed drug; and (II) for any ingredient for which there is an identified quantitative deviation, the amount of such deviation. (iii) If the Secretary determines that such drug is qualitatively and quantitatively the same as the listed drug, the Secretary shall not change or rescind such determination after the submission of an abbreviated application for such drug under this subsection unless— (I) the formulation of the listed drug has been changed and the Secretary has determined that the prior listed drug formulation was withdrawn for reasons of safety or effectiveness; or (II) the Secretary makes a written determination that the prior determination must be changed because an error has been identified. (iv) If the Secretary makes a written determination described in clause (iii)(II), the Secretary shall provide notice and a copy of the written determination to the person making the request under clause (i). (v) The disclosures required by this subparagraph are disclosures authorized by law, including for purposes of section 1905 of title 18, United States Code..", "id": "H73339747D56143A0AA25DEF30904B127", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 355(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] }, { "text": "(b) Guidance \n(1) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue draft guidance, or update guidance, describing how the Secretary will determine whether a drug is qualitatively and quantitatively the same as the listed drug (as such terms are used in section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)), including with respect to assessing pH adjusters. (2) Process \nIn issuing guidance under this subsection, the Secretary of Health and Human Services shall— (A) publish draft guidance; (B) provide a period of at least 60 days for comment on the draft guidance; and (C) after considering any comments received and not later than one year after the close of the comment period on the draft guidance, publish final guidance.", "id": "H6A81FE283463483FA587D56508EF89E9", "header": "Guidance", "nested": [], "links": [] }, { "text": "(c) Applicability \nSection 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date of enactment of this Act, irrespective of the date on which the guidance required by subsection (b) is finalized.", "id": "H6C34FAEFC4004F049862A33C0F98558E", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 355(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ]

[ "Administrative law and regulatory procedures", "Department of Health and Human Services", "Drug safety, medical device, and laboratory regulation", "Prescription drugs" ]

[ { "text": "1. Short title \nThis Act may be cited as the Pharmacy Benefit Manager Reform Act.", "id": "idca74c4cab96f45f19810beb4cd5b5113", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Oversight of entities that provide pharmacy benefit management services \n(a) PHSA \nTitle XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended— (1) in part D ( 42 U.S.C. 300gg–111 et seq. ), by adding at the end the following new section: 2799A–11. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act and section 264 of the Health Insurance Portability and Accountability Act of 1996, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group or individual health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Health and Human Services to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act. ; and (2) in section 2723 ( 42 U.S.C. 300gg–22 )— (A) in subsection (a)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; and (ii) in paragraph (2), by inserting (other than section 2799A–11) after part D ; (B) in subsection (b)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; (ii) in paragraph (2)(A), by inserting (other than section 2799A–11) after part D ; and (iii) in paragraph (2)(C)(ii), by inserting (other than section 2799A–11) after part D. (b) ERISA \n(1) In general \nSubtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended— (A) in subpart B of part 7 ( 29 U.S.C. 1185 et seq. ), by adding at the end the following: 726. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other applicable remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Labor to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)). ; and (B) in section 502(b)(3) ( 29 U.S.C. 1132(b)(3) ), by inserting (other than section 726) after part 7. (2) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following new item: Sec. 726. Oversight of entities that provide pharmacy benefit management services.. (c) Internal Revenue Code \n(1) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nAn entity providing pharmacy benefit management services under a covered group health plan shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that entity providing pharmacy benefit management services under such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan, or participants and beneficiaries of the plan, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, including amounts charged to the plan and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan. (B) Plans offered by small employers \nAn entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nA group health plan shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan shall not charge the plan or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services billed to the plan or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nAn entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a group health plan or other entity to restrict disclosure to, or otherwise limit the access of, the Department of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such plan or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).. (2) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9826. Oversight of entities that provide pharmacy benefit management services.. (d) Funding \n(1) For purposes of carrying out the amendments made by subsection (a), there are appropriated to the Centers for Medicare & Medicaid Services, out of amounts in the Treasury not otherwise appropriated, $80,000,000 for fiscal year 2024. (2) For purposes of carrying out the amendments made by subsection (b), there are appropriated to the Department of Labor, out of amounts in the Treasury not otherwise appropriated, $43,750,000 for fiscal year 2024. (e) ASPE Study \nThe Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services shall conduct or commission a study on how the United States health care market would be impacted by potential regulatory changes disallowing manufacturer rebates in the manner and to the extent allowed on the date of enactment of this Act, with a focus on the impact to stakeholders in the commercial insurance market, and, not later than 1 year after the date of enactment of this Act, submit a report to Congress on the results of such study. Such study and report shall consider the following: (1) The impact on the impact of making no such regulatory changes, as well as potential behavioral changes by plan sponsors, members, and pharmaceutical manufacturers, such as tighter formularies, changes to price concessions, changes in utilization, if such regulatory changes are made. (2) The mechanics needed in the pharmaceutical supply chain (whether existing or not) to move a manufacturer rebate to the point of sale. (3) The feasibility of a partial point-of-sale manufacturer rebate versus a full point-of-sale manufacturer rebate. (4) The impact on patient out-of-pocket costs, premiums, and other cost-sharing. (5) Possible behavioral changes by other third parties in the pharmaceutical supply chain including drug manufacturer, distributor, wholesaler, rebate aggregators, pharmacy services administrative organizations, or group purchasing organizations. (6) Behavioral changes between entities that contract with pharmaceutical manufacturers and pharmaceutical supply chain. (7) Alternative price negotiation mechanisms, including the impact of the Act of June 19, 1936 (commonly known as the Robinson–Patman Act ; 49 Stat. 1526, chapter 592; 15 U.S.C. 13a et seq. ), and the amendments made by that Act, on drug pricing negotiations. (8) The impact on pharmacies, including pharmacy rebates, pharmacy fees, and dispensing channels. (f) GAO study \n(1) In general \nNot later than January 1, 2029, the Comptroller General of the United States shall report to Congress on— (A) pharmacy networks of group health plans, health insurance issuers, and entities providing pharmacy benefit management services under such group health plan or group or individual health insurance coverage, including networks that have pharmacies that are under common ownership (in whole or part) with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage; (B) as it relates to pharmacy networks that include pharmacies under common ownership described in subparagraph (A)— (i) whether such networks are designed to encourage participants and beneficiaries of a plan or coverage to use such pharmacies over other network pharmacies for specific services or drugs, and if so, the reasons the networks give for encouraging use of such pharmacies; and (ii) whether such pharmacies are used by participants and beneficiaries disproportionately more in the aggregate or for specific services or drugs compared to other network pharmacies; (C) whether group health plans and health insurance issuers offering group or individual health insurance coverage have options to elect different network pricing arrangements in the marketplace with entities that provide pharmacy benefit management services, the prevalence of electing such different network pricing arrangements; (D) pharmacy network design parameters that encourage participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity; and (E) the degree to which mail order, specialty, or retail pharmacies that dispense prescription drugs to participants and beneficiaries in a group health plan or health insurance coverage that are under common ownership (in whole or part) with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage receive reimbursement that is greater than the median price charged to the group health plan or health insurance issuer when the same drug is dispensed to participants and beneficiaries in the plan or coverage by other pharmacies included in the pharmacy network of that plan, issuer, or entity that are not wholly or partially owned by the health insurance issuer or entity providing pharmacy benefit management services. (2) Requirement \nIn carrying out paragraph (1), the Comptroller General of the United States shall not disclose— (A) information that would allow for identification of a specific individual, plan sponsor, health insurance issuer, plan, or entity providing pharmacy benefit management services; or (B) commercial or financial information that is privileged or confidential. (3) Definitions \nIn this subsection, the terms group health plan , health insurance coverage , and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ).", "id": "HA8AB9D6C9D294AC99D8290EC467CB984", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) PHSA \nTitle XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended— (1) in part D ( 42 U.S.C. 300gg–111 et seq. ), by adding at the end the following new section: 2799A–11. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act and section 264 of the Health Insurance Portability and Accountability Act of 1996, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group or individual health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Health and Human Services to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act. ; and (2) in section 2723 ( 42 U.S.C. 300gg–22 )— (A) in subsection (a)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; and (ii) in paragraph (2), by inserting (other than section 2799A–11) after part D ; (B) in subsection (b)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; (ii) in paragraph (2)(A), by inserting (other than section 2799A–11) after part D ; and (iii) in paragraph (2)(C)(ii), by inserting (other than section 2799A–11) after part D.", "id": "H99325378BA344F46825D26336314B670", "header": "PHSA", "nested": [], "links": [ { "text": "42 U.S.C. 300gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg" }, { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "42 U.S.C. 300gg–22", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-22" } ] }, { "text": "(b) ERISA \n(1) In general \nSubtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended— (A) in subpart B of part 7 ( 29 U.S.C. 1185 et seq. ), by adding at the end the following: 726. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other applicable remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Labor to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)). ; and (B) in section 502(b)(3) ( 29 U.S.C. 1132(b)(3) ), by inserting (other than section 726) after part 7. (2) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following new item: Sec. 726. Oversight of entities that provide pharmacy benefit management services..", "id": "id59CCF1E370014DCB97DDBDB9633AB36C", "header": "ERISA", "nested": [], "links": [ { "text": "29 U.S.C. 1021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1132(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" } ] }, { "text": "(c) Internal Revenue Code \n(1) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nAn entity providing pharmacy benefit management services under a covered group health plan shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that entity providing pharmacy benefit management services under such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan, or participants and beneficiaries of the plan, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, including amounts charged to the plan and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan. (B) Plans offered by small employers \nAn entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nA group health plan shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan shall not charge the plan or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services billed to the plan or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nAn entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a group health plan or other entity to restrict disclosure to, or otherwise limit the access of, the Department of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such plan or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).. (2) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9826. Oversight of entities that provide pharmacy benefit management services..", "id": "H22A71F1A682A46718ED9DBD1F83E775B", "header": "Internal Revenue Code", "nested": [], "links": [ { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" } ] }, { "text": "(d) Funding \n(1) For purposes of carrying out the amendments made by subsection (a), there are appropriated to the Centers for Medicare & Medicaid Services, out of amounts in the Treasury not otherwise appropriated, $80,000,000 for fiscal year 2024. (2) For purposes of carrying out the amendments made by subsection (b), there are appropriated to the Department of Labor, out of amounts in the Treasury not otherwise appropriated, $43,750,000 for fiscal year 2024.", "id": "id6b192bd3e6994e179a319d194cc5e312", "header": "Funding", "nested": [], "links": [] }, { "text": "(e) ASPE Study \nThe Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services shall conduct or commission a study on how the United States health care market would be impacted by potential regulatory changes disallowing manufacturer rebates in the manner and to the extent allowed on the date of enactment of this Act, with a focus on the impact to stakeholders in the commercial insurance market, and, not later than 1 year after the date of enactment of this Act, submit a report to Congress on the results of such study. Such study and report shall consider the following: (1) The impact on the impact of making no such regulatory changes, as well as potential behavioral changes by plan sponsors, members, and pharmaceutical manufacturers, such as tighter formularies, changes to price concessions, changes in utilization, if such regulatory changes are made. (2) The mechanics needed in the pharmaceutical supply chain (whether existing or not) to move a manufacturer rebate to the point of sale. (3) The feasibility of a partial point-of-sale manufacturer rebate versus a full point-of-sale manufacturer rebate. (4) The impact on patient out-of-pocket costs, premiums, and other cost-sharing. (5) Possible behavioral changes by other third parties in the pharmaceutical supply chain including drug manufacturer, distributor, wholesaler, rebate aggregators, pharmacy services administrative organizations, or group purchasing organizations. (6) Behavioral changes between entities that contract with pharmaceutical manufacturers and pharmaceutical supply chain. (7) Alternative price negotiation mechanisms, including the impact of the Act of June 19, 1936 (commonly known as the Robinson–Patman Act ; 49 Stat. 1526, chapter 592; 15 U.S.C. 13a et seq. ), and the amendments made by that Act, on drug pricing negotiations. (8) The impact on pharmacies, including pharmacy rebates, pharmacy fees, and dispensing channels.", "id": "id784b582194ed4f248fe660bbd75c9787", "header": "ASPE Study", "nested": [], "links": [ { "text": "15 U.S.C. 13a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/13a" } ] }, { "text": "(f) GAO study \n(1) In general \nNot later than January 1, 2029, the Comptroller General of the United States shall report to Congress on— (A) pharmacy networks of group health plans, health insurance issuers, and entities providing pharmacy benefit management services under such group health plan or group or individual health insurance coverage, including networks that have pharmacies that are under common ownership (in whole or part) with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage; (B) as it relates to pharmacy networks that include pharmacies under common ownership described in subparagraph (A)— (i) whether such networks are designed to encourage participants and beneficiaries of a plan or coverage to use such pharmacies over other network pharmacies for specific services or drugs, and if so, the reasons the networks give for encouraging use of such pharmacies; and (ii) whether such pharmacies are used by participants and beneficiaries disproportionately more in the aggregate or for specific services or drugs compared to other network pharmacies; (C) whether group health plans and health insurance issuers offering group or individual health insurance coverage have options to elect different network pricing arrangements in the marketplace with entities that provide pharmacy benefit management services, the prevalence of electing such different network pricing arrangements; (D) pharmacy network design parameters that encourage participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity; and (E) the degree to which mail order, specialty, or retail pharmacies that dispense prescription drugs to participants and beneficiaries in a group health plan or health insurance coverage that are under common ownership (in whole or part) with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage receive reimbursement that is greater than the median price charged to the group health plan or health insurance issuer when the same drug is dispensed to participants and beneficiaries in the plan or coverage by other pharmacies included in the pharmacy network of that plan, issuer, or entity that are not wholly or partially owned by the health insurance issuer or entity providing pharmacy benefit management services. (2) Requirement \nIn carrying out paragraph (1), the Comptroller General of the United States shall not disclose— (A) information that would allow for identification of a specific individual, plan sponsor, health insurance issuer, plan, or entity providing pharmacy benefit management services; or (B) commercial or financial information that is privileged or confidential. (3) Definitions \nIn this subsection, the terms group health plan , health insurance coverage , and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ).", "id": "id03F05CAEDCC24D92A42A7305DD345B06", "header": "GAO study", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] } ], "links": [ { "text": "42 U.S.C. 300gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg" }, { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "42 U.S.C. 300gg–22", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-22" }, { "text": "29 U.S.C. 1021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1132(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "15 U.S.C. 13a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/13a" }, { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] }, { "text": "2799A–11. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act and section 264 of the Health Insurance Portability and Accountability Act of 1996, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group or individual health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Health and Human Services to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act.", "id": "HD419849AA28D4B32997CAAA195A99A55", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b).", "id": "H327BD3C75E2441A5A03E99CA2772073F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act and section 264 of the Health Insurance Portability and Accountability Act of 1996, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior.", "id": "H564A0F92D43E47378437F94B2FC60523", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group or individual health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy.", "id": "id6ebf8f54-8b92-4718-8ee0-06bba22841b1", "header": "Limitations on spread pricing", "nested": [], "links": [] }, { "text": "(d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers.", "id": "id1FDF9593CD334A2FA1061E2EC0AA28AA", "header": "Full rebate pass-Through to plan", "nested": [], "links": [] }, { "text": "(e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section.", "id": "HB1EFE76E91AE4F399F798D129C98BC10", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Health and Human Services to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity.", "id": "H444EE3024B1949A188867966EA4A1B52", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act.", "id": "H2BB56899F61C4864BDA214EB5219EE0C", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "726. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other applicable remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Labor to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "HD4279C8369B84F7AA05E958D3FE18C88", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b).", "id": "id7ED320CEA742430A98E42BD5B1D2DF4A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nA health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers \nA health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application \nFor purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage or health insurance issuer , as applicable, for group health plan , group plan , and plan where such terms appear in such paragraph. (iv) Required reporting for all group health insurance coverage \nEach health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior.", "id": "H547EAD0C980345A584AE64B9CAAEEA00", "header": "Reports", "nested": [], "links": [ { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" } ] }, { "text": "(c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy.", "id": "id3DD31559D0DC47538F63BC4E79647E56", "header": "Limitations on spread pricing", "nested": [], "links": [] }, { "text": "(d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other applicable remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers.", "id": "idD8D6C3AC03A64497AA72D175E4830332", "header": "Full rebate pass-Through to plan", "nested": [], "links": [] }, { "text": "(e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section.", "id": "H18D21110879A44189CBCC2A96A4F2DF8", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Labor to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity.", "id": "H4D76F76EFE764400A4173ACF6E925647", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "id2B60C8A337F54DE48DDA7FB043024FCA", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" } ] }, { "text": "9826. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nAn entity providing pharmacy benefit management services under a covered group health plan shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that entity providing pharmacy benefit management services under such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan, or participants and beneficiaries of the plan, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, including amounts charged to the plan and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan. (B) Plans offered by small employers \nAn entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing \n(1) In general \nA group health plan shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan shall not charge the plan or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services billed to the plan or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans. (e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nAn entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a group health plan or other entity to restrict disclosure to, or otherwise limit the access of, the Department of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such plan or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "HD2DF0292F9894319A9C885D57BBD88B9", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) In general \nFor plan years beginning on or after January 1, 2025, a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b).", "id": "idEF6C3B5120AA42EBADDD066C76757DD1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions \n(A) In general \nAn entity providing pharmacy benefit management services under a covered group health plan shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that entity providing pharmacy benefit management services under such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan, or participants and beneficiaries of the plan, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, including amounts charged to the plan and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan. (B) Plans offered by small employers \nAn entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement \nA report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior.", "id": "HABF58799423442079C24190C50F67F83", "header": "Reports", "nested": [], "links": [ { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" } ] }, { "text": "(c) Limitations on spread pricing \n(1) In general \nA group health plan shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan shall not charge the plan or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services billed to the plan or entity were not rendered by the pharmacy.", "id": "idF9322F6FB85B424B92FF450531C8AF4E", "header": "Limitations on spread pricing", "nested": [], "links": [] }, { "text": "(d) Full rebate pass-Through to plan \n(1) In general \nFor plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nSuch rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors \nThe applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction \nNothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans.", "id": "id0A86D1A4BE614B9A909152503B6D4F89", "header": "Full rebate pass-Through to plan", "nested": [], "links": [] }, { "text": "(e) Enforcement \n(1) In general \nThe Secretary, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall enforce this section. (2) Failure to provide timely information \nA health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nAn entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section.", "id": "H0A70BA915B614479B18932147BD9632E", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to permit a group health plan or other entity to restrict disclosure to, or otherwise limit the access of, the Department of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such plan or entity.", "id": "H983D672147FD46669BFF4C89F810C34C", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section— (1) the term applicable entity means— (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of manufacturer rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through notice and comment rulemaking; (9) the term small employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 1 but not more than 49 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "id78E2CF80DDBB499697FD78138BE92217", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" } ] } ], "links": [ { "text": "42 U.S.C. 1320d et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1320d" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" } ] }, { "text": "1. Short title \nThis Act may be cited as the Pharmacy Benefit Manager Reform Act.", "id": "idfe51321b-ef91-45e2-9119-c139df9f6aeb", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Oversight of entities that provide pharmacy benefit management services \n(a) Public Health Service Act \nTitle XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended— (1) in part D ( 42 U.S.C. 300gg–111 et seq. ), by adding at the end the following new section: 2799A–11. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or by the issuer with respect to such coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 2799A–10. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Labor determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act. (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group or individual health insurance coverage shall ensure that the amount required to be paid by a participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Labor, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering health insurance coverage to remit bona fide service fees to group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Health and Human Services, the Secretary of Labor, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act. ; (2) in section 2723 ( 42 U.S.C. 300gg–22 )— (A) in subsection (a)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; and (ii) in paragraph (2), by inserting (other than section 2799A–11) after part D ; (B) in subsection (b)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; (ii) in paragraph (2)(A), by inserting (other than section 2799A–11) after part D ; and (iii) in paragraph (2)(C)(ii), by inserting (other than section 2799A–11) after part D ; and (3) in section 2799A–10 ( 42 U.S.C. 300gg–120 ), by adding at the end the following: (d) Entities providing pharmacy benefit management services \nBeginning 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , entities providing pharmacy benefit management services shall report to plan sponsors of group health plans or group health insurance coverage information required under paragraphs (4), (5), (6), (7)(A)(iii), and (7)(B) of subsection (a).. (b) Employee Retirement Income Security Act of 1974 \n(1) In general \nSubtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended— (A) in subpart B of part 7 ( 29 U.S.C. 1185 et seq. ), by adding at the end the following: 726. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 725. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant or beneficiary for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage to remit bona fide service fees to the group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe Secretary shall impose civil monetary penalties under this subsection in the same manner and according to the same procedures as the Secretary imposes civil monetary penalties as described in section 502(c)(10). (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B); (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)). ; and (B) in section 502(b)(3) ( 29 U.S.C. 1132(b)(3) ), by inserting (other than section 726) after part 7. (2) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following new item: Sec. 726. Oversight of entities that provide pharmacy benefit management services.. (3) Additional reporting requirement \nSection 725 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185n ) is amended by adding at the end the following: (d) Entities providing pharmacy benefit management services \nBeginning 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , entities providing pharmacy benefit management services shall report to plan sponsors of group health plans information required under paragraphs (4), (5), (6), (7)(A)(iii), and (7)(B) of subsection (a).. (c) Internal Revenue Code of 1986 \n(1) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b); and (2) provide the group health plan or an entity providing pharmacy benefit management services on behalf of a plan, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by the plan or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period; (E) the total amount received, or expected to be received, by the group health plan, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan during the reporting period; (F) the total net spending on prescription drugs by the group health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan; or (iii) the retention of the entity by the group health plan; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, or participants and beneficiaries of the plan, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, to the plan; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan; (I) a summary document for plan sponsors that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 9825. (3) Additional reporting \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may specify. Each such report shall include, with respect to the applicable group health plan— (A) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (B) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (C) a summary document that includes that information described in subparagraphs (A) and (B) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans shall provide to each employee written notice informing the employee of the requirement for entities providing pharmacy benefit management services to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan shall ensure that the total amount required to be paid by the plan and participant or beneficiary for a prescription drug covered under the plan, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such plan, to the group health plan; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such plan, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of Labor establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of such group health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan to remit bona fide service fees to plan sponsors of the group health plan; or (C) limit the ability of a group health plan to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a group health plan, entity providing pharmacy benefit management services on behalf of a group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such plan or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (9) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).. (2) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9826. Oversight of entities that provide pharmacy benefit management services.. (3) Additional reporting requirement \nSection 9825 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (d) Entities providing pharmacy benefit management services \nBeginning 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , entities providing pharmacy benefit management services shall report to plan sponsors of group health plans information required under paragraphs (4), (5), (6), (7)(A)(iii), and (7)(B) of subsection (a).. (d) Funding \n(1) For purposes of carrying out the amendments made by subsection (a) there is appropriated to the Centers for Medicare & Medicaid Services, out of amounts in the Treasury not otherwise appropriated, $40,000,000 for fiscal year 2023, to remain available until expended. (2) For purposes of carrying out the amendments made by subsection (b), there is appropriated to the Department of Labor, out of amounts in the Treasury not otherwise appropriated, $4,500,000 for fiscal year 2023, to remain available until expended. (e) ASPE Study \nThe Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services shall conduct or commission a study on how the United States health care market would be impacted by potential regulatory changes disallowing manufacturer rebates in the manner and to the extent allowed on the date of enactment of this Act, with a focus on the impact to stakeholders in the commercial insurance market, and, not later than 1 year after the date of enactment of this Act, submit a report to Congress on the results of such study. Such study and report shall consider the following: (1) The impact of making no such regulatory changes, as well as potential behavioral changes by plan sponsors, members, and pharmaceutical manufacturers, such as tighter formularies, changes to price concessions, or changes in utilization, if such regulatory changes are made. (2) The mechanics needed in the pharmaceutical supply chain (whether existing or not) to move a manufacturer rebate to the point of sale. (3) The feasibility of a partial point-of-sale manufacturer rebate versus a full point-of-sale manufacturer rebate. (4) The impact on patient out-of-pocket costs, premiums, and other cost-sharing. (5) Possible behavioral changes by other third parties in the pharmaceutical supply chain including drug manufacturers, distributors, wholesalers, rebate aggregators, pharmacy services administrative organizations, or group purchasing organizations. (6) Behavioral changes between entities that contract with pharmaceutical manufacturers and entities that participate in the pharmaceutical supply chain. (7) Alternative price negotiation mechanisms, including the impact of the Act of June 19, 1936 (commonly known as the Robinson–Patman Act ; 49 Stat. 1526, chapter 592; 15 U.S.C. 13a et seq. ), and the amendments made by that Act, on drug pricing negotiations. (8) The impact on pharmacies, including pharmacy rebates, pharmacy fees, and dispensing channels. (9) The impact of manufacturer rebates on getting insulin products to market, and the market dynamics and extent to which biosimilar biological product development and competition could increase, or is increasing, the number of biological products approved and available to patients, including by examining barriers to— (A) placement of biosimilar biological products on health insurance formularies; (B) market entry of insulin products in the United States, as compared to other highly developed nations; and (C) patient and provider education around biosimilar biological products. (f) GAO study \n(1) In general \nNot later than January 1, 2029, the Comptroller General of the United States shall report to Congress on— (A) pharmacy networks of a selection of group health plans, health insurance issuers, and entities providing pharmacy benefit management services on behalf of such group health plan or group or individual health insurance coverage, including networks that have pharmacies that are affiliated with or in common ownership with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage; (B) as it relates to pharmacy networks that include pharmacies affiliated with or in common ownership with plans, issuers, or entities, as described in subparagraph (A)— (i) whether such networks are designed to encourage participants and beneficiaries of a plan or coverage to use such pharmacies over other network pharmacies for specific services or drugs, and if so, the reasons the networks give for encouraging use of such pharmacies; and (ii) whether such pharmacies are used by participants and beneficiaries disproportionately more in the aggregate or for specific drugs compared to other network pharmacies; (C) whether group health plans and health insurance issuers offering group health insurance coverage have options to elect different network pricing arrangements in the marketplace with entities that provide pharmacy benefit management services, and the prevalence of electing such different network pricing arrangements among a selection of such plans and issuers; (D) pharmacy network design parameters that encourage participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially owned by that issuer or entity; and (E) for a selection of plans and issuers, the degree to which mail order, specialty, or retail pharmacies that dispense prescription drugs to participants and beneficiaries in a group health plan or group health insurance coverage that are affiliated with or in common ownership with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under a group health plan or group health insurance coverage receive reimbursement that is greater than the median price charged to the group health plan or health insurance issuer when the same drug is dispensed to participants and beneficiaries in the plan or coverage by other pharmacies included in the pharmacy network of that plan or issuer that are not affiliated with or in common ownership with the health insurance issuer or entity providing pharmacy benefit management services. (2) Requirement \nIn carrying out paragraph (1), the Comptroller General of the United States shall not disclose— (A) information that would allow for identification of a specific individual, plan sponsor, health insurance issuer, group health plan, or entity providing pharmacy benefit management services; or (B) commercial or financial information that is privileged or confidential. (3) Definitions \nIn this subsection, the terms group health plan , health insurance coverage , and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ).", "id": "idf78dc208-2f3b-4f0d-bcd9-b4c49ab1bfd4", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) Public Health Service Act \nTitle XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended— (1) in part D ( 42 U.S.C. 300gg–111 et seq. ), by adding at the end the following new section: 2799A–11. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or by the issuer with respect to such coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 2799A–10. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Labor determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act. (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group or individual health insurance coverage shall ensure that the amount required to be paid by a participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Labor, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering health insurance coverage to remit bona fide service fees to group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Health and Human Services, the Secretary of Labor, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act. ; (2) in section 2723 ( 42 U.S.C. 300gg–22 )— (A) in subsection (a)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; and (ii) in paragraph (2), by inserting (other than section 2799A–11) after part D ; (B) in subsection (b)— (i) in paragraph (1), by inserting (other than section 2799A–11) after part D ; (ii) in paragraph (2)(A), by inserting (other than section 2799A–11) after part D ; and (iii) in paragraph (2)(C)(ii), by inserting (other than section 2799A–11) after part D ; and (3) in section 2799A–10 ( 42 U.S.C. 300gg–120 ), by adding at the end the following: (d) Entities providing pharmacy benefit management services \nBeginning 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , entities providing pharmacy benefit management services shall report to plan sponsors of group health plans or group health insurance coverage information required under paragraphs (4), (5), (6), (7)(A)(iii), and (7)(B) of subsection (a)..", "id": "id317339ff-1adb-4ea1-85d3-6839565da959", "header": "Public Health Service Act", "nested": [], "links": [ { "text": "42 U.S.C. 300gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg" }, { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "42 U.S.C. 300gg–22", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-22" }, { "text": "42 U.S.C. 300gg–120", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-120" } ] }, { "text": "(b) Employee Retirement Income Security Act of 1974 \n(1) In general \nSubtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended— (A) in subpart B of part 7 ( 29 U.S.C. 1185 et seq. ), by adding at the end the following: 726. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 725. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant or beneficiary for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage to remit bona fide service fees to the group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe Secretary shall impose civil monetary penalties under this subsection in the same manner and according to the same procedures as the Secretary imposes civil monetary penalties as described in section 502(c)(10). (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B); (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)). ; and (B) in section 502(b)(3) ( 29 U.S.C. 1132(b)(3) ), by inserting (other than section 726) after part 7. (2) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 725 the following new item: Sec. 726. Oversight of entities that provide pharmacy benefit management services.. (3) Additional reporting requirement \nSection 725 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185n ) is amended by adding at the end the following: (d) Entities providing pharmacy benefit management services \nBeginning 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , entities providing pharmacy benefit management services shall report to plan sponsors of group health plans information required under paragraphs (4), (5), (6), (7)(A)(iii), and (7)(B) of subsection (a)..", "id": "idd8439e29-df86-4fff-9def-c8696e3c3bd9", "header": "Employee Retirement Income Security Act of 1974", "nested": [], "links": [ { "text": "29 U.S.C. 1021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1132(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" }, { "text": "29 U.S.C. 1185n", "legal-doc": "usc", "parsable-cite": "usc/29/1185n" } ] }, { "text": "(c) Internal Revenue Code of 1986 \n(1) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 9826. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b); and (2) provide the group health plan or an entity providing pharmacy benefit management services on behalf of a plan, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by the plan or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period; (E) the total amount received, or expected to be received, by the group health plan, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan during the reporting period; (F) the total net spending on prescription drugs by the group health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan; or (iii) the retention of the entity by the group health plan; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, or participants and beneficiaries of the plan, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, to the plan; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan; (I) a summary document for plan sponsors that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 9825. (3) Additional reporting \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may specify. Each such report shall include, with respect to the applicable group health plan— (A) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (B) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (C) a summary document that includes that information described in subparagraphs (A) and (B) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans shall provide to each employee written notice informing the employee of the requirement for entities providing pharmacy benefit management services to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan shall ensure that the total amount required to be paid by the plan and participant or beneficiary for a prescription drug covered under the plan, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such plan, to the group health plan; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such plan, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of Labor establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of such group health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan to remit bona fide service fees to plan sponsors of the group health plan; or (C) limit the ability of a group health plan to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a group health plan, entity providing pharmacy benefit management services on behalf of a group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such plan or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (9) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).. (2) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9826. Oversight of entities that provide pharmacy benefit management services.. (3) Additional reporting requirement \nSection 9825 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (d) Entities providing pharmacy benefit management services \nBeginning 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , entities providing pharmacy benefit management services shall report to plan sponsors of group health plans information required under paragraphs (4), (5), (6), (7)(A)(iii), and (7)(B) of subsection (a)..", "id": "id89cece7e-4e4b-438f-b981-f5d49526d040", "header": "Internal Revenue Code of 1986", "nested": [], "links": [ { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "Section 9825", "legal-doc": "usc", "parsable-cite": "usc/26/9825" } ] }, { "text": "(d) Funding \n(1) For purposes of carrying out the amendments made by subsection (a) there is appropriated to the Centers for Medicare & Medicaid Services, out of amounts in the Treasury not otherwise appropriated, $40,000,000 for fiscal year 2023, to remain available until expended. (2) For purposes of carrying out the amendments made by subsection (b), there is appropriated to the Department of Labor, out of amounts in the Treasury not otherwise appropriated, $4,500,000 for fiscal year 2023, to remain available until expended.", "id": "id8ae6cb55-5f13-4f06-a916-2d626db656d9", "header": "Funding", "nested": [], "links": [] }, { "text": "(e) ASPE Study \nThe Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services shall conduct or commission a study on how the United States health care market would be impacted by potential regulatory changes disallowing manufacturer rebates in the manner and to the extent allowed on the date of enactment of this Act, with a focus on the impact to stakeholders in the commercial insurance market, and, not later than 1 year after the date of enactment of this Act, submit a report to Congress on the results of such study. Such study and report shall consider the following: (1) The impact of making no such regulatory changes, as well as potential behavioral changes by plan sponsors, members, and pharmaceutical manufacturers, such as tighter formularies, changes to price concessions, or changes in utilization, if such regulatory changes are made. (2) The mechanics needed in the pharmaceutical supply chain (whether existing or not) to move a manufacturer rebate to the point of sale. (3) The feasibility of a partial point-of-sale manufacturer rebate versus a full point-of-sale manufacturer rebate. (4) The impact on patient out-of-pocket costs, premiums, and other cost-sharing. (5) Possible behavioral changes by other third parties in the pharmaceutical supply chain including drug manufacturers, distributors, wholesalers, rebate aggregators, pharmacy services administrative organizations, or group purchasing organizations. (6) Behavioral changes between entities that contract with pharmaceutical manufacturers and entities that participate in the pharmaceutical supply chain. (7) Alternative price negotiation mechanisms, including the impact of the Act of June 19, 1936 (commonly known as the Robinson–Patman Act ; 49 Stat. 1526, chapter 592; 15 U.S.C. 13a et seq. ), and the amendments made by that Act, on drug pricing negotiations. (8) The impact on pharmacies, including pharmacy rebates, pharmacy fees, and dispensing channels. (9) The impact of manufacturer rebates on getting insulin products to market, and the market dynamics and extent to which biosimilar biological product development and competition could increase, or is increasing, the number of biological products approved and available to patients, including by examining barriers to— (A) placement of biosimilar biological products on health insurance formularies; (B) market entry of insulin products in the United States, as compared to other highly developed nations; and (C) patient and provider education around biosimilar biological products.", "id": "id2c0ecd20-f548-4ec7-bd06-cce06ca0c361", "header": "ASPE Study", "nested": [], "links": [ { "text": "15 U.S.C. 13a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/13a" } ] }, { "text": "(f) GAO study \n(1) In general \nNot later than January 1, 2029, the Comptroller General of the United States shall report to Congress on— (A) pharmacy networks of a selection of group health plans, health insurance issuers, and entities providing pharmacy benefit management services on behalf of such group health plan or group or individual health insurance coverage, including networks that have pharmacies that are affiliated with or in common ownership with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage; (B) as it relates to pharmacy networks that include pharmacies affiliated with or in common ownership with plans, issuers, or entities, as described in subparagraph (A)— (i) whether such networks are designed to encourage participants and beneficiaries of a plan or coverage to use such pharmacies over other network pharmacies for specific services or drugs, and if so, the reasons the networks give for encouraging use of such pharmacies; and (ii) whether such pharmacies are used by participants and beneficiaries disproportionately more in the aggregate or for specific drugs compared to other network pharmacies; (C) whether group health plans and health insurance issuers offering group health insurance coverage have options to elect different network pricing arrangements in the marketplace with entities that provide pharmacy benefit management services, and the prevalence of electing such different network pricing arrangements among a selection of such plans and issuers; (D) pharmacy network design parameters that encourage participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially owned by that issuer or entity; and (E) for a selection of plans and issuers, the degree to which mail order, specialty, or retail pharmacies that dispense prescription drugs to participants and beneficiaries in a group health plan or group health insurance coverage that are affiliated with or in common ownership with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under a group health plan or group health insurance coverage receive reimbursement that is greater than the median price charged to the group health plan or health insurance issuer when the same drug is dispensed to participants and beneficiaries in the plan or coverage by other pharmacies included in the pharmacy network of that plan or issuer that are not affiliated with or in common ownership with the health insurance issuer or entity providing pharmacy benefit management services. (2) Requirement \nIn carrying out paragraph (1), the Comptroller General of the United States shall not disclose— (A) information that would allow for identification of a specific individual, plan sponsor, health insurance issuer, group health plan, or entity providing pharmacy benefit management services; or (B) commercial or financial information that is privileged or confidential. (3) Definitions \nIn this subsection, the terms group health plan , health insurance coverage , and health insurance issuer have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ).", "id": "id1d973213-d495-4332-966c-4c63c1c24016", "header": "GAO study", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] } ], "links": [ { "text": "42 U.S.C. 300gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg" }, { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "42 U.S.C. 300gg–22", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-22" }, { "text": "42 U.S.C. 300gg–120", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-120" }, { "text": "29 U.S.C. 1021 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1021" }, { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1132(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/29/1132" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" }, { "text": "29 U.S.C. 1185n", "legal-doc": "usc", "parsable-cite": "usc/29/1185n" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" }, { "text": "Section 9825", "legal-doc": "usc", "parsable-cite": "usc/26/9825" }, { "text": "15 U.S.C. 13a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/13a" }, { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] }, { "text": "2799A–11. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or by the issuer with respect to such coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 2799A–10. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Labor determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act. (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group or individual health insurance coverage shall ensure that the amount required to be paid by a participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Labor, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering health insurance coverage to remit bona fide service fees to group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Health and Human Services, the Secretary of Labor, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act.", "id": "id1f969811-95f2-429e-a292-1e92dda6333f", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b).", "id": "ide78dfbb9-2274-4ab5-bafa-14924441f6f8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or by the issuer with respect to such coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 2799A–10. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Labor, and the Secretary of the Treasury determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Labor determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act. (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior.", "id": "ida986597c-ff2e-45bd-a4b3-0aad432d5528", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group or individual health insurance coverage shall ensure that the amount required to be paid by a participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant, beneficiary, or enrollee for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy.", "id": "idea7bf871-d6e0-417c-aee8-4733d73d3cac", "header": "Limitations on spread pricing", "nested": [], "links": [] }, { "text": "(d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Labor, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering health insurance coverage to remit bona fide service fees to group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary.", "id": "id0be7c194-d239-4e1a-9f29-76c0ad14ff7c", "header": "Full rebate pass-through to plan or health insurance issuer", "nested": [], "links": [] }, { "text": "(e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section.", "id": "idfafde87a-ac24-4528-9fbc-0ad91ee83e44", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Health and Human Services, the Secretary of Labor, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity.", "id": "id65e0df1c-d097-419b-8430-f9cd33310509", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974; (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act.", "id": "idd053673f-41e4-468f-b589-c96e00d952b6", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "726. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 725. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant or beneficiary for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage to remit bona fide service fees to the group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe Secretary shall impose civil monetary penalties under this subsection in the same manner and according to the same procedures as the Secretary imposes civil monetary penalties as described in section 502(c)(10). (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B); (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "idb81545cc-7cc5-4706-9822-ff663de3eae5", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b); and (2) provide the group health plan or health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, relevant information necessary to make the reports described in subsection (b).", "id": "id32b8f9bc-e2be-4581-8a08-f14d6df915cc", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan or group health insurance coverage (regardless of whether such coverage is covered group health insurance coverage as defined in subsection (g)(3)) shall submit to the plan sponsor of such covered group health plan or issuer of such health insurance coverage a report in accordance with this subsection and make such report available to the plan sponsor or issuer in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan or health insurance coverage— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan or coverage; (B) a list of each drug covered by the plan, coverage, or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan or health insurance coverage during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan or by the issuer offering such coverage; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan or coverage— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or issuer; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan or coverage— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan or by the issuer with respect to such coverage on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan or coverage during the reporting period; (E) the total amount received, or expected to be received, by the group health plan or health insurance issuer, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan or health insurance coverage during the reporting period; (F) the total net spending on prescription drugs by the group health plan or health insurance issuer with respect to the coverage during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's or health insurance issuer's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or (iii) the retention of the entity by the group health plan or health insurance issuer; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, issuer, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, issuer, or participants and beneficiaries of the plan or coverage, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, to the plan or issuer; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan or issuer, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage; (I) a summary document for plan sponsors or issuers that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors and health insurance issuers for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 725. (3) Additional reporting \n(A) Reporting with respect to group health plans offered by small employers \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify. Each such report shall include, with respect to the applicable group health plan— (i) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (ii) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (iii) a summary document that includes the information described in clauses (i) and (ii) that the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (B) Opt-in for group health insurance coverage \n(i) In general \nA plan sponsor of group health insurance coverage offered in connection with a group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , elect to require an entity providing pharmacy benefit management services on behalf of a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports \n(I) Covered group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage \nIn the case of an entity providing pharmacy benefit management services on behalf of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage— (aa) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); and (bb) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer. (iii) Required reporting for covered group health insurance coverage \nEach health insurance issuer that offers covered group health insurance coverage shall annually submit to the plan sponsor the information described in paragraph (1)(I), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (iv) Required reporting for other group health insurance coverage \nEach health insurance issuer that offers group health insurance coverage that is not covered group health insurance shall annually submit a summary document that includes such information described in items (aa) and (bb) of clause (ii)(II) as the Secretary and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from placing reasonable restrictions (as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans and group health insurance coverage shall provide to each employee written notice informing the employee of the requirement for health insurance issuers or entities providing pharmacy benefit management services on behalf of the plan or coverage to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nA health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form of report \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior.", "id": "id595b39cb-31a9-4aad-8f29-d2264fb869f7", "header": "Reports", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" } ] }, { "text": "(c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or health insurance issuer offering group health insurance coverage shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan or coverage, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan or coverage shall ensure that the total amount required to be paid by the plan or issuer and participant or beneficiary for a prescription drug covered under the plan or coverage, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan, issuer, or entity were not rendered by the pharmacy.", "id": "idd4240c85-0a6c-48a1-bc17-38e5d966130d", "header": "Limitations on spread pricing", "nested": [], "links": [] }, { "text": "(d) Full rebate pass-through to plan or health insurance issuer \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such group health plan or health insurance coverage, to the group health plan or health insurance issuer offering group health insurance coverage; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan or coverage, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such group health plan or health insurance coverage, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan or the group health insurance issuer, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan or health insurance issuer, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the issuer or entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan or health insurance issuer; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of the Treasury establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, issuer, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such group health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans and health insurance issuers; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage to remit bona fide service fees to the group health plans or health insurance issuers; or (C) limit the ability of a group health plan or health insurance issuer to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary.", "id": "idab7b3d12-58ae-4078-864e-68d8a138fb18", "header": "Full rebate pass-through to plan or health insurance issuer", "nested": [], "links": [] }, { "text": "(e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, a health insurance issuer, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe Secretary shall impose civil monetary penalties under this subsection in the same manner and according to the same procedures as the Secretary imposes civil monetary penalties as described in section 502(c)(10). (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section.", "id": "id268fe361-9a0b-45a7-9ead-a210f1c114b5", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of Labor, the Secretary of Health and Human Services, or the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity.", "id": "id0f818568-3eae-4154-a2bd-851350f1d4f5", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health insurance coverage means health insurance coverage offered in connection with a group health plan maintained by a large employer; (4) the term covered group health plan means a group health plan maintained by a large employer; (5) the term gross spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (6) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (7) the term net spending , with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (8) the term plan sponsor has the meaning given such term in section 3(16)(B); (9) the term remuneration has the meaning given such term by the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (10) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "id1fcaf502-8628-4048-a2d8-f26151ec38b0", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" } ] }, { "text": "9826. Oversight of entities that provide pharmacy benefit management services \n(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b); and (2) provide the group health plan or an entity providing pharmacy benefit management services on behalf of a plan, relevant information necessary to make the reports described in subsection (b). (b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by the plan or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period; (E) the total amount received, or expected to be received, by the group health plan, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan during the reporting period; (F) the total net spending on prescription drugs by the group health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan; or (iii) the retention of the entity by the group health plan; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, or participants and beneficiaries of the plan, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, to the plan; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan; (I) a summary document for plan sponsors that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 9825. (3) Additional reporting \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may specify. Each such report shall include, with respect to the applicable group health plan— (A) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (B) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (C) a summary document that includes that information described in subparagraphs (A) and (B) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans shall provide to each employee written notice informing the employee of the requirement for entities providing pharmacy benefit management services to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior. (c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan shall ensure that the total amount required to be paid by the plan and participant or beneficiary for a prescription drug covered under the plan, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan or entity were not rendered by the pharmacy. (d) Full rebate pass-through to plan \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such plan, to the group health plan; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such plan, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of Labor establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of such group health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan to remit bona fide service fees to plan sponsors of the group health plan; or (C) limit the ability of a group health plan to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary. (e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction \nNothing in this section shall be construed to permit a group health plan, entity providing pharmacy benefit management services on behalf of a group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such plan or entity. (g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (9) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "id21a7a01a-661a-4dad-ad1f-5e6d4a727aba", "header": "Oversight of entities that provide pharmacy benefit management services", "nested": [ { "text": "(a) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity unless such applicable entity agrees to— (1) not limit the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b); and (2) provide the group health plan or an entity providing pharmacy benefit management services on behalf of a plan, relevant information necessary to make the reports described in subsection (b).", "id": "id1bc73c77-44be-44cc-a8b6-b0af1ef8a1a3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in plain language, in a machine-readable format, and, as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by such drug manufacturers with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by the plan or entity providing pharmacy benefit management services for which a claim was filed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom a claim for the drug was filed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug for which a claim was filed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days' supply and cost per dosage unit; (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for each of the 50 prescription drugs with the highest gross spending under the group health plan during the reporting period— (I) a list of all other drugs in the same therapeutic class (as defined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services), including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, in consultation with stakeholders; and (III) any change in formulary placement compared to the prior plan year; (C) a list of each therapeutic class (as defined as described in subparagraph (B)(vi)(I)) of drugs for which a claim was filed under the group health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries on drugs in such therapeutic class, after application of any benefits under the plan— (I) including copayments, coinsurance, and deductibles; and (II) not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from applicable entities, in rebates, fees, alternative discounts, or other remuneration— (aa) for claims incurred during the reporting period; or (bb) that is related to utilization of drugs or drug spending; (II) the total net spending by the plan on that class of drugs; and (III) the average net spending per 30-day supply and per 90-day supply by the plan and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period; (E) the total amount received, or expected to be received, by the group health plan, from applicable entities, in rebates, fees, alternative discounts, and other remuneration received from such entities, related to utilization of drugs or drug spending under that group health plan during the reporting period; (F) the total net spending on prescription drugs by the group health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm for— (i) referral of the group health plan's business to the pharmacy benefit manager; (ii) consideration of the entity providing pharmacy benefit management services by the group health plan; or (iii) the retention of the entity by the group health plan; (H) (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services on behalf of such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such affiliated pharmacy or pharmacy under common ownership and charged to the plan, or participants and beneficiaries of the plan, during the applicable period, and, with respect to each drug— (I) (aa) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, to the plan; and (bb) the amount charged, per dosage unit, per 30-day supply, and per 90-day supply to participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan; (I) a summary document for plan sponsors that includes the information described in subparagraphs (A) through (H) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; and (J) a summary document for participants or beneficiaries, which shall be made available to participants or beneficiaries upon request to the plan sponsor, that contains the information described in subparagraphs (D) through (G) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful to participants or beneficiaries in better understanding their plan or benefits, except that such summary document for participants or beneficiaries shall contain only aggregate information. (2) Regulations \nNot later than 2 years after the date of enactment of the Pharmacy Benefit Manager Reform Act , the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, through notice and comment rulemaking, promulgate final regulations to implement the requirements of this subsection. In promulgating such regulations, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall, to the extent practicable, align the reporting requirements under this subsection with the reporting requirements under section 9825. (3) Additional reporting \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may specify. Each such report shall include, with respect to the applicable group health plan— (A) the information described in subparagraphs (D), (E), (F), and (G) of paragraph (1); (B) as applicable, information collected from drug manufacturers by such plan on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by applicable drug manufacturers with respect to the participants and beneficiaries in such plan, except that such information shall not identify any drug manufacturer; and (C) a summary document that includes that information described in subparagraphs (A) and (B) that the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services determine useful for plan sponsors for purposes of selecting pharmacy benefit management services, provided that such summary documents include only aggregate information. (4) Privacy requirements \n(A) Relationship to HIPAA regulations \nNothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ). (B) Requirement \nA report submitted under paragraph (1) or (3) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information \n(i) Reasonable restrictions \nNothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions (as the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services may determine) on the public disclosure of the information contained in a report under paragraph (1) or (3). (ii) Limitations \nAn entity providing pharmacy benefit management services on behalf of a group health plan may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (5) Use and disclosure by plan sponsors \n(A) Prohibition \nA plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (3) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure \nA plan sponsor shall not disclose the information received under paragraph (1) or (3) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, and as a term of the contract, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations \nWith respect to the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) ), subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations promulgated under section 264 of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 )) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Written notice \nPlan sponsors of group health plans shall provide to each employee written notice informing the employee of the requirement for entities providing pharmacy benefit management services to submit reports to plan sponsors under paragraphs (1) and (3), as applicable, which may include incorporating such notification in plan documents provided to the employee, an employee handbook provided to the employee, or individual notification. (E) Enforcement \n(i) In general \nThe powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 ) to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation \nNo person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (6) Submissions to GAO \nAn entity providing pharmacy benefit management services on behalf of a group health plan shall submit, upon request, to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (3) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (4), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act. (7) Standard formats \n(A) In general \nNot later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for entities providing pharmacy benefit management services to submit reports required under this subsection. Such secretaries may provide for separate standard formats for reports to plan sponsors of group health plans and reports to plan sponsors of group health insurance coverage offered in connection with a group health plan. (B) Form \nThe Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a form of the reports under paragraphs (1) and (3) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in the case that such secretaries determine that changes to the standard format are necessary to prevent anticompetitive behavior.", "id": "id077bb35b-e22e-4fc3-9111-13bc7b312f56", "header": "Reports", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" } ] }, { "text": "(c) Limitations on spread pricing \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a group health plan shall ensure that the amount required to be paid by a participant or beneficiary for a prescription drug covered under the plan, and a third-party administrator or an entity providing pharmacy benefit management services on behalf of such a plan shall ensure that the total amount required to be paid by the plan and participant or beneficiary for a prescription drug covered under the plan, does not exceed the price paid to the pharmacy, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction \nFor purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services for which a claim was filed with the plan or entity were not rendered by the pharmacy.", "id": "ida1f72955-964c-4252-ba6e-2671ba494fe1", "header": "Limitations on spread pricing", "nested": [], "links": [] }, { "text": "(d) Full rebate pass-through to plan \n(1) In general \nFor plan years beginning on or after the date that is 30 months after the date of enactment of the Pharmacy Benefit Manager Reform Act , a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such plan, to the group health plan; and (B) ensure that any contract entered into, by such third-party administrator or entity providing pharmacy benefit management services on behalf of such a plan, with rebate aggregators (or other purchasing entity designed to aggregate rebates), applicable group purchasing organizations, or any subsidiary, parent, affiliate, or subcontractor of the plan, entity, rebate aggregator (or other purchasing entity designed to aggregate rebates), or applicable group purchasing organization remit 100 percent of rebates, fees, alternative discounts, and other remuneration received that are related to utilization of drugs under such plan, to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance \nWith respect to such rebates, fees, alternative discounts, and other remuneration— (A) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(A) shall be— (i) remitted— (I) on a quarterly basis, to the group health plan, not later than 90 days after the end of each quarter; or (II) in the case of an underpayment in a remittance for a prior quarter, as soon as practicable, but not later than 90 days after notice of the underpayment is first given; (ii) fully disclosed and enumerated to the group health plan, as described in paragraphs (1) and (3) of subsection (b); and (iii) returned to the entity providing pharmacy benefit management services on behalf of the group health plan if an audit by a plan sponsor, or a third party designated by a plan sponsor, indicates that the amounts received are incorrect after such amounts have been paid to the group health plan; (B) the rebates, fees, alternative discounts, and other remuneration under paragraph (1)(B) shall be remitted in accordance with such procedures as the Secretary, Secretary of Health and Human Services, and Secretary of Labor establish; and (C) the records of such rebates, fees, alternative discounts, and other remuneration shall be available for audit by the plan sponsor, or a third party designated by a plan sponsor, not less than once per plan year. (3) Audit of rebate contracts \nA third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of such group health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by the plan sponsor or designated third party, subject to reasonable restrictions (as determined by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services) on confidentiality to prevent re-disclosure of such contracts. (4) Auditors \nAudits carried out under paragraphs (2)(C) and (3) shall be performed by an auditor selected by the applicable plan sponsor. (5) Rule of construction \nNothing in this subsection shall be construed to— (A) prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not described in this subsection, provided that such fees are transparent to group health plans; (B) require a third-party administrator of a group health plan or an entity providing pharmacy benefit management services on behalf of a group health plan to remit bona fide service fees to plan sponsors of the group health plan; or (C) limit the ability of a group health plan to pass through rebates, fees, alternative discounts, and other remuneration to the participant or beneficiary.", "id": "id7c6de97e-82be-404d-a6f8-913042e47a36", "header": "Full rebate pass-through to plan", "nested": [], "links": [] }, { "text": "(e) Enforcement \n(1) In general \nThe Secretary shall enforce this section. (2) Violations \nA group health plan or an entity providing pharmacy benefit management services that violates subsection (a); an entity providing pharmacy benefit management services that fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information \nA group health plan, an entity providing pharmacy benefit management services, or a third-party administrator that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure \nThe provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers \nThe Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section.", "id": "id8440e6e8-cec3-48ac-8a39-11d5751cd0fb", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed to permit a group health plan, entity providing pharmacy benefit management services on behalf of a group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such plan or entity.", "id": "ide2d05290-30d2-457e-8a72-1f5c569bcae8", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section— (1) the term applicable entity means— (A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term applicable group purchasing organization means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services; (3) the term covered group health plan means a group health plan maintained by a large employer; (4) the term gross spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration; (5) the term large employer means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least 50 employees on business days during the preceding calendar year and who employs at least 1 employee on the first day of the plan year; (6) the term net spending , with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration; (7) the term plan sponsor has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(16)(B) ); (8) the term remuneration has the meaning given such term by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services, through rulemaking, which shall be reevaluated by such secretaries every 5 years; and (9) the term wholesale acquisition cost has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "idb49220a2-c126-42bb-9a18-de35262affdd", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" } ] } ], "links": [ { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–9(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 2000ff–6", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff-6" }, { "text": "29 U.S.C. 1002(16)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" } ] }, { "text": "3. Reporting on justification for drug price increases \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: W Drug Price Reporting; Drug Value Fund \n399OO. Reporting on justification for drug price increases \n(a) Definitions \nIn this section: (1) Manufacturer \nThe term manufacturer means the person— (A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of this Act; or (B) who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug. (2) Qualifying drug \nThe term qualifying drug means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act— (A) that has a wholesale acquisition cost of $100 or more per month supply, or per a course of treatment that lasts less than a month, and is— (i) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; (ii) not a vaccine; and (iii) not an antibiotic; and (B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales was for individuals enrolled under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or under a State Medicaid plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) or under a waiver of such plan. (3) Wholesale acquisition cost \nThe term wholesale acquisition cost has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)). (b) Report \n(1) Report required \nThe manufacturer of a qualifying drug shall submit a report to the Secretary for each planned increase in price of a qualifying drug that will result in an increase in the wholesale acquisition cost of that drug that is equal to— (A) 10 percent or more over a 12-month period; or (B) 25 percent or more over a 36-month period. (2) Report deadline \nEach report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the effective date of such planned increase in price. (c) Contents \nA report under subsection (b) shall, at a minimum, include— (1) with respect to the qualifying drug— (A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug on the planned effective date of such planned increase in price; (B) a justification for, and description of, each manufacturer’s planned increase in price that will occur during the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable, that shall be accompanied by information to substantiate the basis for the justification and a certification that, to the manufacturer’s knowledge and belief, the justification is truthful and nonmisleading and does not describe uses of the drug beyond those listed as an indication or use in its approved labeling; (C) the identity of the initial developer of the drug, if applicable; (D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license, as applicable; (E) the current wholesale acquisition cost of the drug; (F) the total expenditures of the manufacturer for the 3 years preceding the planned increase in price on— (i) materials and manufacturing for such drug; and (ii) acquiring patents and licensing for such drug; (G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; (H) the total expenditures of the manufacturer on research and development, for the 3 years preceding the planned increase in price for such drug, that is necessary to demonstrate that it meets applicable standards for approval under section 505 of the Federal Food, Drug, and Cosmetic Act or licensure under such section 351, as applicable; (I) the total expenditures of the manufacturer on research and development for such drug that is pursuing new or expanded indications for such drug through supplemental applications under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of this Act; (J) the total expenditures of the manufacturer on research and development for such drug that is carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; (K) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and (L) the total costs associated with marketing and advertising for the qualifying drug; (2) with respect to the manufacturer— (A) the total revenue and the net profit of the manufacturer— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); (B) all stock-based performance metrics used by the manufacturer to determine executive compensation— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); or (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); and (C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on— (i) drug research and development; or (ii) clinical trials on drugs, conducted with the intent of using the data to support approval of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a), but for which such application was not submitted or filed, or failed to receive approval by the Food and Drug Administration; and (3) such other related information as the Secretary considers appropriate, as specified through notice and comment rulemaking. (d) Civil money penalty \nAny manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section, or knowingly provides false information, shall be subject to a civil money penalty of $100,000 for each day on which the violation continues. (e) Public posting \n(1) In general \nSubject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public website of the Department of Health and Human Services, accompanied by language indicating that such public posting does not represent an endorsement or validation of the report's content by the Secretary. (2) Format \nIn developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. (3) Trade secrets and confidential information \nThis section does not authorize the disclosure of confidential commercial information or trade secrets.. 399OO–1. Use of civil penalty amounts \nThe Secretary shall, without further appropriation, collect civil penalties under section 399OO and use the funds derived from such civil penalties, in addition to any other amounts available to the Secretary, to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency. 399OO–2. Annual report to Congress \n(a) In General \nSubject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is easy to find, use, and understand, an annual report— (1) summarizing the information reported pursuant to section 399OO; and (2) including copies of the reports and supporting detailed economic analyses submitted pursuant to section 399OO. (b) Trade secrets and confidential information \nThis section does not authorize the disclosure of confidential commercial information or trade secrets..", "id": "id8F45BB05300A43FE9776F00FC06102FE", "header": "Reporting on justification for drug price increases", "nested": [], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" }, { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "399OO. Reporting on justification for drug price increases \n(a) Definitions \nIn this section: (1) Manufacturer \nThe term manufacturer means the person— (A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of this Act; or (B) who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug. (2) Qualifying drug \nThe term qualifying drug means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act— (A) that has a wholesale acquisition cost of $100 or more per month supply, or per a course of treatment that lasts less than a month, and is— (i) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; (ii) not a vaccine; and (iii) not an antibiotic; and (B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales was for individuals enrolled under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or under a State Medicaid plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) or under a waiver of such plan. (3) Wholesale acquisition cost \nThe term wholesale acquisition cost has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)). (b) Report \n(1) Report required \nThe manufacturer of a qualifying drug shall submit a report to the Secretary for each planned increase in price of a qualifying drug that will result in an increase in the wholesale acquisition cost of that drug that is equal to— (A) 10 percent or more over a 12-month period; or (B) 25 percent or more over a 36-month period. (2) Report deadline \nEach report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the effective date of such planned increase in price. (c) Contents \nA report under subsection (b) shall, at a minimum, include— (1) with respect to the qualifying drug— (A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug on the planned effective date of such planned increase in price; (B) a justification for, and description of, each manufacturer’s planned increase in price that will occur during the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable, that shall be accompanied by information to substantiate the basis for the justification and a certification that, to the manufacturer’s knowledge and belief, the justification is truthful and nonmisleading and does not describe uses of the drug beyond those listed as an indication or use in its approved labeling; (C) the identity of the initial developer of the drug, if applicable; (D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license, as applicable; (E) the current wholesale acquisition cost of the drug; (F) the total expenditures of the manufacturer for the 3 years preceding the planned increase in price on— (i) materials and manufacturing for such drug; and (ii) acquiring patents and licensing for such drug; (G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; (H) the total expenditures of the manufacturer on research and development, for the 3 years preceding the planned increase in price for such drug, that is necessary to demonstrate that it meets applicable standards for approval under section 505 of the Federal Food, Drug, and Cosmetic Act or licensure under such section 351, as applicable; (I) the total expenditures of the manufacturer on research and development for such drug that is pursuing new or expanded indications for such drug through supplemental applications under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of this Act; (J) the total expenditures of the manufacturer on research and development for such drug that is carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; (K) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and (L) the total costs associated with marketing and advertising for the qualifying drug; (2) with respect to the manufacturer— (A) the total revenue and the net profit of the manufacturer— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); (B) all stock-based performance metrics used by the manufacturer to determine executive compensation— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); or (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); and (C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on— (i) drug research and development; or (ii) clinical trials on drugs, conducted with the intent of using the data to support approval of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a), but for which such application was not submitted or filed, or failed to receive approval by the Food and Drug Administration; and (3) such other related information as the Secretary considers appropriate, as specified through notice and comment rulemaking. (d) Civil money penalty \nAny manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section, or knowingly provides false information, shall be subject to a civil money penalty of $100,000 for each day on which the violation continues. (e) Public posting \n(1) In general \nSubject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public website of the Department of Health and Human Services, accompanied by language indicating that such public posting does not represent an endorsement or validation of the report's content by the Secretary. (2) Format \nIn developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. (3) Trade secrets and confidential information \nThis section does not authorize the disclosure of confidential commercial information or trade secrets.", "id": "idce023b8fc41c4adea955055370db01c6", "header": "Reporting on justification for drug price increases", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Manufacturer \nThe term manufacturer means the person— (A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of this Act; or (B) who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug. (2) Qualifying drug \nThe term qualifying drug means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act— (A) that has a wholesale acquisition cost of $100 or more per month supply, or per a course of treatment that lasts less than a month, and is— (i) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; (ii) not a vaccine; and (iii) not an antibiotic; and (B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales was for individuals enrolled under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or under a State Medicaid plan under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) or under a waiver of such plan. (3) Wholesale acquisition cost \nThe term wholesale acquisition cost has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).", "id": "id14660d1a2195497eb47e57351bc0fb1a", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(b) Report \n(1) Report required \nThe manufacturer of a qualifying drug shall submit a report to the Secretary for each planned increase in price of a qualifying drug that will result in an increase in the wholesale acquisition cost of that drug that is equal to— (A) 10 percent or more over a 12-month period; or (B) 25 percent or more over a 36-month period. (2) Report deadline \nEach report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the effective date of such planned increase in price.", "id": "id64f1dba68a8a4c6d80d784482f2335fe", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Contents \nA report under subsection (b) shall, at a minimum, include— (1) with respect to the qualifying drug— (A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug on the planned effective date of such planned increase in price; (B) a justification for, and description of, each manufacturer’s planned increase in price that will occur during the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable, that shall be accompanied by information to substantiate the basis for the justification and a certification that, to the manufacturer’s knowledge and belief, the justification is truthful and nonmisleading and does not describe uses of the drug beyond those listed as an indication or use in its approved labeling; (C) the identity of the initial developer of the drug, if applicable; (D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license, as applicable; (E) the current wholesale acquisition cost of the drug; (F) the total expenditures of the manufacturer for the 3 years preceding the planned increase in price on— (i) materials and manufacturing for such drug; and (ii) acquiring patents and licensing for such drug; (G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; (H) the total expenditures of the manufacturer on research and development, for the 3 years preceding the planned increase in price for such drug, that is necessary to demonstrate that it meets applicable standards for approval under section 505 of the Federal Food, Drug, and Cosmetic Act or licensure under such section 351, as applicable; (I) the total expenditures of the manufacturer on research and development for such drug that is pursuing new or expanded indications for such drug through supplemental applications under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of this Act; (J) the total expenditures of the manufacturer on research and development for such drug that is carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; (K) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and (L) the total costs associated with marketing and advertising for the qualifying drug; (2) with respect to the manufacturer— (A) the total revenue and the net profit of the manufacturer— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); (B) all stock-based performance metrics used by the manufacturer to determine executive compensation— (i) for the 12-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(A); or (ii) for the 36-month period preceding the date of the report, in the case of a report based on an increase described in subsection (b)(1)(B); and (C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on— (i) drug research and development; or (ii) clinical trials on drugs, conducted with the intent of using the data to support approval of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a), but for which such application was not submitted or filed, or failed to receive approval by the Food and Drug Administration; and (3) such other related information as the Secretary considers appropriate, as specified through notice and comment rulemaking.", "id": "id870f27fb579043eba88dfa4c4492b951", "header": "Contents", "nested": [], "links": [] }, { "text": "(d) Civil money penalty \nAny manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section, or knowingly provides false information, shall be subject to a civil money penalty of $100,000 for each day on which the violation continues.", "id": "id6532b30d39d0406895ab7fb50fa98007", "header": "Civil money penalty", "nested": [], "links": [] }, { "text": "(e) Public posting \n(1) In general \nSubject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public website of the Department of Health and Human Services, accompanied by language indicating that such public posting does not represent an endorsement or validation of the report's content by the Secretary. (2) Format \nIn developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. (3) Trade secrets and confidential information \nThis section does not authorize the disclosure of confidential commercial information or trade secrets.", "id": "ide8528bb8f9304872aecb6406b8a8266f", "header": "Public posting", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "399OO–1. Use of civil penalty amounts \nThe Secretary shall, without further appropriation, collect civil penalties under section 399OO and use the funds derived from such civil penalties, in addition to any other amounts available to the Secretary, to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency.", "id": "idfae6e64daa084557a28cf6fb2accada9", "header": "Use of civil penalty amounts", "nested": [], "links": [] }, { "text": "399OO–2. Annual report to Congress \n(a) In General \nSubject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is easy to find, use, and understand, an annual report— (1) summarizing the information reported pursuant to section 399OO; and (2) including copies of the reports and supporting detailed economic analyses submitted pursuant to section 399OO. (b) Trade secrets and confidential information \nThis section does not authorize the disclosure of confidential commercial information or trade secrets.", "id": "idF58E775A6A9F4C079A028E1A7E72894F", "header": "Annual report to Congress", "nested": [ { "text": "(a) In General \nSubject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is easy to find, use, and understand, an annual report— (1) summarizing the information reported pursuant to section 399OO; and (2) including copies of the reports and supporting detailed economic analyses submitted pursuant to section 399OO.", "id": "idEDE68CDC848046A68F5C2D73AF6F871D", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Trade secrets and confidential information \nThis section does not authorize the disclosure of confidential commercial information or trade secrets.", "id": "id6338A494F8AE41ED8E8C60724781E083", "header": "Trade secrets and confidential information", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Study on fiduciary duties of pharmacy benefit managers \n(a) In general \nThe Secretary of Labor shall conduct, and submit to Congress a report describing the results of, a study on the impacts of a change in policy described in subsection (b). (b) Policy described \nUnder a policy referred to in subsection (a)— (1) an entity providing pharmacy benefit management services would be considered a fiduciary within the meaning of section 3(21) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(21) ) with respect to a group health plan or group health insurance coverage; and (2) such an entity would— (A) be subject to the responsibilities, obligations, and duties imposed on fiduciaries under part 4 of subtitle B of title I of such Act ( 29 U.S.C. 1101 et seq. ); and (B) make the required fiduciary disclosure under section 408(b)(2)(B)(iii) of such Act ( 29 U.S.C. 1108(b)(2)(B)(iii) ) with respect to the pharmacy benefit management services provided to the plan or coverage. (c) Definition of pharmacy benefit management services \nIn this section, the term pharmacy benefit management services means services related to— (1) negotiating prices with respect to prescription drugs on behalf of a group health plan or health insurance issuer offering group health insurance coverage; and (2) managing the prescription drug benefits provided by such plan or coverage, including designing and implementing a drug formulary, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services.", "id": "id74c99bead9c24a95aa567c14c8033ac4", "header": "Study on fiduciary duties of pharmacy benefit managers", "nested": [ { "text": "(a) In general \nThe Secretary of Labor shall conduct, and submit to Congress a report describing the results of, a study on the impacts of a change in policy described in subsection (b).", "id": "idb8be734679334ca6b4d7e45c8c3d496b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Policy described \nUnder a policy referred to in subsection (a)— (1) an entity providing pharmacy benefit management services would be considered a fiduciary within the meaning of section 3(21) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(21) ) with respect to a group health plan or group health insurance coverage; and (2) such an entity would— (A) be subject to the responsibilities, obligations, and duties imposed on fiduciaries under part 4 of subtitle B of title I of such Act ( 29 U.S.C. 1101 et seq. ); and (B) make the required fiduciary disclosure under section 408(b)(2)(B)(iii) of such Act ( 29 U.S.C. 1108(b)(2)(B)(iii) ) with respect to the pharmacy benefit management services provided to the plan or coverage.", "id": "idddafa8f004a144ac8c6672bd5ba3f6bf", "header": "Policy described", "nested": [], "links": [ { "text": "29 U.S.C. 1002(21)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "29 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1101" }, { "text": "29 U.S.C. 1108(b)(2)(B)(iii)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" } ] }, { "text": "(c) Definition of pharmacy benefit management services \nIn this section, the term pharmacy benefit management services means services related to— (1) negotiating prices with respect to prescription drugs on behalf of a group health plan or health insurance issuer offering group health insurance coverage; and (2) managing the prescription drug benefits provided by such plan or coverage, including designing and implementing a drug formulary, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services.", "id": "idbff4acaa7553409495d199e70d13932f", "header": "Definition of pharmacy benefit management services", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1002(21)", "legal-doc": "usc", "parsable-cite": "usc/29/1002" }, { "text": "29 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1101" }, { "text": "29 U.S.C. 1108(b)(2)(B)(iii)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" } ] }, { "text": "5. Clarification of requirement to disclose direct and indirect compensation for brokers and consultants to employer-sponsored health plans \n(a) In general \nSection 408(b)(2)(B)(ii)(I)(bb) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(I)(bb)) is amended by adding at the end the following: (CC) Pharmacy benefit management services provided by pharmacy benefit managers or other service providers and related services provided by third-party administrators (or other entities providing such services) for which the covered service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item (dd).. (b) Regulations \nNot later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations, through notice and comment rulemaking, clarifying the requirements of section 408(b)(2)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(b)(2)(B) ) with respect to covered service providers providing services described in subitem (CC) of subclause (I)(bb) of such section, as amended by subsection (a). Such regulations shall apply with respect to any plan year that begins on or after the date that is 6 months after such regulations are promulgated. (c) Sense of Congress \nIt is the sense of Congress that the amendment made by subsection (a) clarifies the existing requirement of covered service providers with respect to services described in section 408(b)(2)(B)(ii)(I)(bb)(BB) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(I)(bb)(BB)) that were in effect since the application date described in section 202(e) of the No Surprises Act ( Public Law 116–260 ; 29 U.S.C. 1108 note), and does not impose any additional requirement under section 408(b)(2)(B) of such Act.", "id": "id1805d460ff244c4c9c268888e33bd5b2", "header": "Clarification of requirement to disclose direct and indirect compensation for brokers and consultants to employer-sponsored health plans", "nested": [ { "text": "(a) In general \nSection 408(b)(2)(B)(ii)(I)(bb) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(I)(bb)) is amended by adding at the end the following: (CC) Pharmacy benefit management services provided by pharmacy benefit managers or other service providers and related services provided by third-party administrators (or other entities providing such services) for which the covered service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct compensation described in item (dd)..", "id": "idc3ecc8887b6749198ce0fd35a19e67b3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Regulations \nNot later than 18 months after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations, through notice and comment rulemaking, clarifying the requirements of section 408(b)(2)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1108(b)(2)(B) ) with respect to covered service providers providing services described in subitem (CC) of subclause (I)(bb) of such section, as amended by subsection (a). Such regulations shall apply with respect to any plan year that begins on or after the date that is 6 months after such regulations are promulgated.", "id": "id6ddf887b73544431b2a4dbda8fc8417f", "header": "Regulations", "nested": [], "links": [ { "text": "29 U.S.C. 1108(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" } ] }, { "text": "(c) Sense of Congress \nIt is the sense of Congress that the amendment made by subsection (a) clarifies the existing requirement of covered service providers with respect to services described in section 408(b)(2)(B)(ii)(I)(bb)(BB) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(I)(bb)(BB)) that were in effect since the application date described in section 202(e) of the No Surprises Act ( Public Law 116–260 ; 29 U.S.C. 1108 note), and does not impose any additional requirement under section 408(b)(2)(B) of such Act.", "id": "id84e6768d08aa49e3a13a2cef9383c136", "header": "Sense of Congress", "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "29 U.S.C. 1108", "legal-doc": "usc", "parsable-cite": "usc/29/1108" } ] } ], "links": [ { "text": "29 U.S.C. 1108(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/29/1108" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "29 U.S.C. 1108", "legal-doc": "usc", "parsable-cite": "usc/29/1108" } ] }, { "text": "6. Study on naloxone access \n(a) In general \nThe Comptroller General of the United States shall conduct a study on actions that may be taken to ensure appropriate access and affordability of naloxone for individuals seeking to purchase naloxone. Such study shall address what is known about— (1) coverage of naloxone (in any available form), including whether naloxone can be covered as an over-the-counter drug under a group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )); (2) the out-of-pocket cost to consumers purchasing naloxone— (A) with a prescription, with and without coverage under any such plan or coverage; and (B) over the counter, with and without coverage under any such plan or coverage; and (3) other factors impacting coverage, including barriers in covering naloxone as an over-the-counter drug, the relative net costs of naloxone when purchased over the counter without insurance coverage compared to when purchased with a prescription and covered under a group health plan or health insurance coverage, and the availability of naloxone purchased and distributed through public health entities. (b) Report \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the findings of the study conducted under subsection (a).", "id": "idda8d14b172ed4b15a4421213a8be8fc9", "header": "Study on naloxone access", "nested": [ { "text": "(a) In general \nThe Comptroller General of the United States shall conduct a study on actions that may be taken to ensure appropriate access and affordability of naloxone for individuals seeking to purchase naloxone. Such study shall address what is known about— (1) coverage of naloxone (in any available form), including whether naloxone can be covered as an over-the-counter drug under a group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )); (2) the out-of-pocket cost to consumers purchasing naloxone— (A) with a prescription, with and without coverage under any such plan or coverage; and (B) over the counter, with and without coverage under any such plan or coverage; and (3) other factors impacting coverage, including barriers in covering naloxone as an over-the-counter drug, the relative net costs of naloxone when purchased over the counter without insurance coverage compared to when purchased with a prescription and covered under a group health plan or health insurance coverage, and the availability of naloxone purchased and distributed through public health entities.", "id": "ide7f6090be6cf4e5b87e8e891759e1dba", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] }, { "text": "(b) Report \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the findings of the study conducted under subsection (a).", "id": "id793fe45419294d818cb2d7f3151dbf44", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] }, { "text": "7. Prohibition on blocking consumer decision-support tools \n(a) PHSA \nPart D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ), as amended by section 2, is further amended by adding at the end the following: 2799A–12. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform enrollees in a group health plan or health insurance coverage about all costs to the enrollee for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the enrollee, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group or individual health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction regarding privacy \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group or individual health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.. (b) ERISA \n(1) 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. 1185 et seq. ), as amended by section 2, is further amended by adding at the end the following: 727. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan or health insurance coverage about all costs to the participant or beneficiary for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.. (2) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ), as amended by section 2, is further amended by inserting after the item relating to section 726 the following: Sec. 727. Prohibition on blocking consumer decision-support tools.. (c) Internal Revenue Code \n(1) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by section 2, is further amended by adding at the end the following new section: 9827. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan that are administered by the entity providing pharmacy benefit management services in contract with the plan. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan about all costs to the participant or beneficiary for prescription drugs covered by the plan, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.. (2) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of such Code, as amended by section 2, is further amended by adding at the end the following new item: Sec. 9827. Prohibition on blocking consumer decision-support tools.. (d) Application \nThe amendments made by subsections (a), (b), and (c) shall apply with respect to plan years beginning on or after the date that is 2 years after the date of enactment of this Act. (e) Regulations \nThe Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall jointly promulgate regulations to carry out the amendments made by subsections (a), (b), and (c), and shall issue draft regulations not later than 1 year after the date of enactment of this Act.", "id": "idCDAA9B6B75E248A297B5F5DFD78F8128", "header": "Prohibition on blocking consumer decision-support tools", "nested": [ { "text": "(a) PHSA \nPart D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. ), as amended by section 2, is further amended by adding at the end the following: 2799A–12. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform enrollees in a group health plan or health insurance coverage about all costs to the enrollee for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the enrollee, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group or individual health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction regarding privacy \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group or individual health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party..", "id": "idA6F1897AEEAB4FFD88F841C576EE3625", "header": "PHSA", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" } ] }, { "text": "(b) ERISA \n(1) 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. 1185 et seq. ), as amended by section 2, is further amended by adding at the end the following: 727. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan or health insurance coverage about all costs to the participant or beneficiary for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.. (2) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ), as amended by section 2, is further amended by inserting after the item relating to section 726 the following: Sec. 727. Prohibition on blocking consumer decision-support tools..", "id": "id7aa01c883e3f44bea1cc2be497b2d2b8", "header": "ERISA", "nested": [], "links": [ { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" } ] }, { "text": "(c) Internal Revenue Code \n(1) In general \nSubchapter B of chapter 100 of the Internal Revenue Code of 1986, as amended by section 2, is further amended by adding at the end the following new section: 9827. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan that are administered by the entity providing pharmacy benefit management services in contract with the plan. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan about all costs to the participant or beneficiary for prescription drugs covered by the plan, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.. (2) Clerical amendment \nThe table of sections for subchapter B of chapter 100 of such Code, as amended by section 2, is further amended by adding at the end the following new item: Sec. 9827. Prohibition on blocking consumer decision-support tools..", "id": "HCF0C25F68C194F6A871E245D474EE095", "header": "Internal Revenue Code", "nested": [], "links": [ { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" } ] }, { "text": "(d) Application \nThe amendments made by subsections (a), (b), and (c) shall apply with respect to plan years beginning on or after the date that is 2 years after the date of enactment of this Act.", "id": "idEF7822F265B34510B4AB8C3628A70D30", "header": "Application", "nested": [], "links": [] }, { "text": "(e) Regulations \nThe Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall jointly promulgate regulations to carry out the amendments made by subsections (a), (b), and (c), and shall issue draft regulations not later than 1 year after the date of enactment of this Act.", "id": "id4c8e8ca702a3494a92b8d37d522af125", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg–111 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-111" }, { "text": "29 U.S.C. 1185 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1185" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" }, { "text": "chapter 100", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/100" } ] }, { "text": "2799A–12. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform enrollees in a group health plan or health insurance coverage about all costs to the enrollee for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the enrollee, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group or individual health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction regarding privacy \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group or individual health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.", "id": "id94B60C61ECD5465CB4DD13BD621BC604", "header": "Prohibition on blocking consumer decision-support tools", "nested": [ { "text": "(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer.", "id": "idedbfdfc1278743c5a9ab9cc0b6091b96", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform enrollees in a group health plan or health insurance coverage about all costs to the enrollee for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the enrollee, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group or individual health insurance coverage to provide a consumer decision-support tool.", "id": "idf3ba3b3ad8a447aea81e519b32322efc", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Rules of construction regarding privacy \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group or individual health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.", "id": "id5f3f8528b700430cbf3a8f34e5e3e963", "header": "Rules of construction regarding privacy", "nested": [], "links": [] } ], "links": [] }, { "text": "727. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan or health insurance coverage about all costs to the participant or beneficiary for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.", "id": "idB5F978BCC28443D3887100B0110416AF", "header": "Prohibition on blocking consumer decision-support tools", "nested": [ { "text": "(a) In general \nA group health plan or a health insurance issuer offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan or coverage if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan or coverage that are administered by the entity providing pharmacy benefit management services in contract with the plan or issuer.", "id": "ide59e781dc3b945db9334ffae6dd1a1b8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan or health insurance coverage about all costs to the participant or beneficiary for prescription drugs covered by the plan or coverage, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool.", "id": "id95bc5c63e9cb4324984debeb528932a2", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.", "id": "id11799ff7b58c4a349dd4af80cffc5a14", "header": "Rules of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "9827. Prohibition on blocking consumer decision-support tools \n(a) In general \nA group health plan offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan that are administered by the entity providing pharmacy benefit management services in contract with the plan. (b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan about all costs to the participant or beneficiary for prescription drugs covered by the plan, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool. (c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.", "id": "id17AA072204A249399F84D3599340C169", "header": "Prohibition on blocking consumer decision-support tools", "nested": [ { "text": "(a) In general \nA group health plan offering group health insurance coverage shall not enter into a contract with an entity that provides pharmacy benefit management services with respect to such plan if such contract includes any terms, conditions, or costs that would prevent or restrict a covered third party from accessing or using information, for purposes of the consumer decision-support tool, relevant to the operability, implementation, and utilization of the consumer-decision support tool regarding prescription drug benefits under the plan that are administered by the entity providing pharmacy benefit management services in contract with the plan.", "id": "id5edd874f5730475cbcad3bcb41e8f49a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Consumer decision-support tool \nThe term consumer decision-support tool means a tool designed to inform participants and beneficiaries in a group health plan about all costs to the participant or beneficiary for prescription drugs covered by the plan, including out-of-pocket, copayment, and coinsurance responsibility, as well as means for reducing the cost to the participant or beneficiary, such as manufacturer copayment assistance, purchasing at the cash price, and purchasing through mail order pharmacy benefits. (2) Covered third party \nThe term covered third party means a third party that is in contract, as a business associate (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)), with a group health plan or a health insurance issuer offering group health insurance coverage to provide a consumer decision-support tool.", "id": "id472b41c33c654164a440001c95b4b476", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Rules of construction \n(1) Nothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (2) Nothing in this section shall be construed to require a group health plan or an entity providing pharmacy benefit management services to share protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), with a covered third party.", "id": "idC9DB1965A4704F7989B0416CB1DD4F57", "header": "Rules of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Requirement to provide health claims, network, and cost information \n(a) In general \nPart A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by inserting after section 2715A the following: 2715B. Requirement to provide health claims, network, and cost information \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall make available for access, exchange, and use without special effort, through application programming interfaces (or successor technology or standards), consistent with standards and implementation specifications adopted under section 3004, the information described in subsection (b), in the manner described in subsection (b), as applicable, and otherwise consistent with this section. (b) Electronic information \nThe following electronic information is required to be made available, as the Secretary may specify: (1) Historical claims, provider encounter, and payment data for each enrollee, which— (A) may include adjudicated medical and prescription drug claims and equivalent encounters, including all data elements contained in such transactions— (i) that were adjudicated by the group health plan or health insurance issuer during the previous 5 years or the enrollee’s entire period of enrollment in the applicable plan or coverage if such period is less than the previous 5 years; (ii) that involve benefits managed by any third party, such as a pharmacy benefits manager or radiology benefits manager that manages benefits or adjudicates claims on behalf of the plan or coverage; and (iii) from any other group health plan or health insurance coverage offered by the same insurance issuer, in which the same enrollee was enrolled during the previous 5 years; and (B) shall be available to an enrollee or former enrollee, the enrollee’s providers, and any third-party applications or services authorized by the enrollee— (i) through the application programming interfaces (or successor technology or standards) consistent with standards and specifications adopted under section 3004, in a single, longitudinal format that is easy to understand, secure, and that may update automatically; (ii) as soon as practicable, and in no case later than the period of time determined by the Secretary, after the claim is adjudicated or the data is received by the group health plan or health insurance issuer; and (iii) for a period of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer. (2) Identifying directory information for all in-network providers, including facilities and practitioners, that participate in the plan or coverage, which shall— (A) include— (i) the national provider identifier for in-network facilities and practitioners; and (ii) the name, address, phone number, and specialty for each such facility and practitioner, within a timeframe determined by the Secretary, from when the plan or coverage receives provider directory information or updates from that facility or practitioner; (B) be capable of returning the information necessary to establish a list of participating in-network facilities and practitioners, in a given specialty or at a particular facility type, within a specified geographic radius; and (C) be capable of returning the network status, when presented with identifiers for a given enrollee and facility or practitioner. (3) Estimated enrollee out-of-pocket costs, including costs expected to be incurred through a deductible, co-payment, coinsurance, or other form of cost-sharing, for— (A) a designated set of common services or episodes of care, to be established by the Secretary through rulemaking, including, at a minimum— (i) in the case of services provided by a hospital, the 100 most common diagnosis-related groups, as used in the Medicare Inpatient Prospective Patient System (or successor episode-based reimbursement methodology) at that hospital, based on claims data adjudicated by the group health plan or health insurance issuer; (ii) in the case of services provided in an out-patient setting, including radiology, lab tests, and out-patient surgical procedures, any service rendered by the facility or practitioner, and reimbursed by the group health plan or health insurance issuer; and (iii) in the case of post-acute care, including home health providers, skilled nursing facilities, inpatient rehabilitation facilities, and long-term care hospitals, the patient out-of-pocket costs for an episode of care, as the Secretary may determine, which permits users to reasonably compare costs across different facility and service types; and (B) all prescription drugs currently included on any tier of the formulary of the plan or coverage. (c) Availability and access \nSubject to all applicable Federal and State privacy, security, and breach notification laws, and within a timeframe determined by the Secretary, the application programming interfaces (or successor technology or standards), including all data required to be made available through such interfaces, shall— (1) be made available by the applicable group health plan or health insurance issuer, at no charge, to— (A) enrollees and prospective enrollees in the group health plan or health insurance coverage; (B) third parties authorized by the enrollee; (C) facilities and practitioners who are under contract with the plan or coverage; and (D) business associates of such facilities and practitioners, as defined in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations); (2) be available to enrollees in the group health plan or health insurance coverage, and to third-party applications or services facilitating such access by enrollees, during the enrollment process and for a minimum of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer; (3) permit persistent access by third-party applications or services authorized by the enrollee, for a reasonable period of time; (4) employ the applicable content, vocabulary, and technical standards, as determined by the Secretary pursuant to title XXX; and (5) employ security and authentication standards, as the Secretary determines appropriate. (d) Denial or discontinuance of access \nA group health plan or health insurance issuer offering group or individual health insurance coverage may deny access or discontinue access of the application programming interfaces (or successor technology or standards) to third-party applications or services on the basis of reasonable privacy or security concerns, as determined by the Secretary, including at the request of the enrollee. (e) Notification \nWhen obtaining enrollee authorization to share information with a third party under this section, a group health plan or a health insurance issuer offering group or individual health insurance coverage shall include a notification for the enrollee that information shared with a third party that is not a covered entity or business associate is not subject to the privacy, security, or breach notification rules under parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (f) Rule of construction regarding privacy \nNothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification rules promulgated under section 264(c) of the Health Insurance Portability and Accountability Act or section 13402 of the HITECH Act, or to alter the Secretary’s existing authority to modify such rules, under part 2 of title 42, Code of Federal Regulations (or successor regulations), under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), under the amendments made by the Genetic Information Nondiscrimination Act, or under State privacy law.. (b) Effective date \nSection 2715B of the Public Health Service Act, as added by subsection (a), shall take effect 18 months after the date of enactment of this Act.", "id": "id5EED96971E764B52836CB306721427EA", "header": "Requirement to provide health claims, network, and cost information", "nested": [ { "text": "(a) In general \nPart A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by inserting after section 2715A the following: 2715B. Requirement to provide health claims, network, and cost information \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall make available for access, exchange, and use without special effort, through application programming interfaces (or successor technology or standards), consistent with standards and implementation specifications adopted under section 3004, the information described in subsection (b), in the manner described in subsection (b), as applicable, and otherwise consistent with this section. (b) Electronic information \nThe following electronic information is required to be made available, as the Secretary may specify: (1) Historical claims, provider encounter, and payment data for each enrollee, which— (A) may include adjudicated medical and prescription drug claims and equivalent encounters, including all data elements contained in such transactions— (i) that were adjudicated by the group health plan or health insurance issuer during the previous 5 years or the enrollee’s entire period of enrollment in the applicable plan or coverage if such period is less than the previous 5 years; (ii) that involve benefits managed by any third party, such as a pharmacy benefits manager or radiology benefits manager that manages benefits or adjudicates claims on behalf of the plan or coverage; and (iii) from any other group health plan or health insurance coverage offered by the same insurance issuer, in which the same enrollee was enrolled during the previous 5 years; and (B) shall be available to an enrollee or former enrollee, the enrollee’s providers, and any third-party applications or services authorized by the enrollee— (i) through the application programming interfaces (or successor technology or standards) consistent with standards and specifications adopted under section 3004, in a single, longitudinal format that is easy to understand, secure, and that may update automatically; (ii) as soon as practicable, and in no case later than the period of time determined by the Secretary, after the claim is adjudicated or the data is received by the group health plan or health insurance issuer; and (iii) for a period of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer. (2) Identifying directory information for all in-network providers, including facilities and practitioners, that participate in the plan or coverage, which shall— (A) include— (i) the national provider identifier for in-network facilities and practitioners; and (ii) the name, address, phone number, and specialty for each such facility and practitioner, within a timeframe determined by the Secretary, from when the plan or coverage receives provider directory information or updates from that facility or practitioner; (B) be capable of returning the information necessary to establish a list of participating in-network facilities and practitioners, in a given specialty or at a particular facility type, within a specified geographic radius; and (C) be capable of returning the network status, when presented with identifiers for a given enrollee and facility or practitioner. (3) Estimated enrollee out-of-pocket costs, including costs expected to be incurred through a deductible, co-payment, coinsurance, or other form of cost-sharing, for— (A) a designated set of common services or episodes of care, to be established by the Secretary through rulemaking, including, at a minimum— (i) in the case of services provided by a hospital, the 100 most common diagnosis-related groups, as used in the Medicare Inpatient Prospective Patient System (or successor episode-based reimbursement methodology) at that hospital, based on claims data adjudicated by the group health plan or health insurance issuer; (ii) in the case of services provided in an out-patient setting, including radiology, lab tests, and out-patient surgical procedures, any service rendered by the facility or practitioner, and reimbursed by the group health plan or health insurance issuer; and (iii) in the case of post-acute care, including home health providers, skilled nursing facilities, inpatient rehabilitation facilities, and long-term care hospitals, the patient out-of-pocket costs for an episode of care, as the Secretary may determine, which permits users to reasonably compare costs across different facility and service types; and (B) all prescription drugs currently included on any tier of the formulary of the plan or coverage. (c) Availability and access \nSubject to all applicable Federal and State privacy, security, and breach notification laws, and within a timeframe determined by the Secretary, the application programming interfaces (or successor technology or standards), including all data required to be made available through such interfaces, shall— (1) be made available by the applicable group health plan or health insurance issuer, at no charge, to— (A) enrollees and prospective enrollees in the group health plan or health insurance coverage; (B) third parties authorized by the enrollee; (C) facilities and practitioners who are under contract with the plan or coverage; and (D) business associates of such facilities and practitioners, as defined in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations); (2) be available to enrollees in the group health plan or health insurance coverage, and to third-party applications or services facilitating such access by enrollees, during the enrollment process and for a minimum of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer; (3) permit persistent access by third-party applications or services authorized by the enrollee, for a reasonable period of time; (4) employ the applicable content, vocabulary, and technical standards, as determined by the Secretary pursuant to title XXX; and (5) employ security and authentication standards, as the Secretary determines appropriate. (d) Denial or discontinuance of access \nA group health plan or health insurance issuer offering group or individual health insurance coverage may deny access or discontinue access of the application programming interfaces (or successor technology or standards) to third-party applications or services on the basis of reasonable privacy or security concerns, as determined by the Secretary, including at the request of the enrollee. (e) Notification \nWhen obtaining enrollee authorization to share information with a third party under this section, a group health plan or a health insurance issuer offering group or individual health insurance coverage shall include a notification for the enrollee that information shared with a third party that is not a covered entity or business associate is not subject to the privacy, security, or breach notification rules under parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (f) Rule of construction regarding privacy \nNothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification rules promulgated under section 264(c) of the Health Insurance Portability and Accountability Act or section 13402 of the HITECH Act, or to alter the Secretary’s existing authority to modify such rules, under part 2 of title 42, Code of Federal Regulations (or successor regulations), under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), under the amendments made by the Genetic Information Nondiscrimination Act, or under State privacy law..", "id": "id63647E4081774FF0AF73512C2905F037", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "(b) Effective date \nSection 2715B of the Public Health Service Act, as added by subsection (a), shall take effect 18 months after the date of enactment of this Act.", "id": "id0BACB46C2EF94321BBB2F4D159C17198", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300gg" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "2715B. Requirement to provide health claims, network, and cost information \n(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall make available for access, exchange, and use without special effort, through application programming interfaces (or successor technology or standards), consistent with standards and implementation specifications adopted under section 3004, the information described in subsection (b), in the manner described in subsection (b), as applicable, and otherwise consistent with this section. (b) Electronic information \nThe following electronic information is required to be made available, as the Secretary may specify: (1) Historical claims, provider encounter, and payment data for each enrollee, which— (A) may include adjudicated medical and prescription drug claims and equivalent encounters, including all data elements contained in such transactions— (i) that were adjudicated by the group health plan or health insurance issuer during the previous 5 years or the enrollee’s entire period of enrollment in the applicable plan or coverage if such period is less than the previous 5 years; (ii) that involve benefits managed by any third party, such as a pharmacy benefits manager or radiology benefits manager that manages benefits or adjudicates claims on behalf of the plan or coverage; and (iii) from any other group health plan or health insurance coverage offered by the same insurance issuer, in which the same enrollee was enrolled during the previous 5 years; and (B) shall be available to an enrollee or former enrollee, the enrollee’s providers, and any third-party applications or services authorized by the enrollee— (i) through the application programming interfaces (or successor technology or standards) consistent with standards and specifications adopted under section 3004, in a single, longitudinal format that is easy to understand, secure, and that may update automatically; (ii) as soon as practicable, and in no case later than the period of time determined by the Secretary, after the claim is adjudicated or the data is received by the group health plan or health insurance issuer; and (iii) for a period of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer. (2) Identifying directory information for all in-network providers, including facilities and practitioners, that participate in the plan or coverage, which shall— (A) include— (i) the national provider identifier for in-network facilities and practitioners; and (ii) the name, address, phone number, and specialty for each such facility and practitioner, within a timeframe determined by the Secretary, from when the plan or coverage receives provider directory information or updates from that facility or practitioner; (B) be capable of returning the information necessary to establish a list of participating in-network facilities and practitioners, in a given specialty or at a particular facility type, within a specified geographic radius; and (C) be capable of returning the network status, when presented with identifiers for a given enrollee and facility or practitioner. (3) Estimated enrollee out-of-pocket costs, including costs expected to be incurred through a deductible, co-payment, coinsurance, or other form of cost-sharing, for— (A) a designated set of common services or episodes of care, to be established by the Secretary through rulemaking, including, at a minimum— (i) in the case of services provided by a hospital, the 100 most common diagnosis-related groups, as used in the Medicare Inpatient Prospective Patient System (or successor episode-based reimbursement methodology) at that hospital, based on claims data adjudicated by the group health plan or health insurance issuer; (ii) in the case of services provided in an out-patient setting, including radiology, lab tests, and out-patient surgical procedures, any service rendered by the facility or practitioner, and reimbursed by the group health plan or health insurance issuer; and (iii) in the case of post-acute care, including home health providers, skilled nursing facilities, inpatient rehabilitation facilities, and long-term care hospitals, the patient out-of-pocket costs for an episode of care, as the Secretary may determine, which permits users to reasonably compare costs across different facility and service types; and (B) all prescription drugs currently included on any tier of the formulary of the plan or coverage. (c) Availability and access \nSubject to all applicable Federal and State privacy, security, and breach notification laws, and within a timeframe determined by the Secretary, the application programming interfaces (or successor technology or standards), including all data required to be made available through such interfaces, shall— (1) be made available by the applicable group health plan or health insurance issuer, at no charge, to— (A) enrollees and prospective enrollees in the group health plan or health insurance coverage; (B) third parties authorized by the enrollee; (C) facilities and practitioners who are under contract with the plan or coverage; and (D) business associates of such facilities and practitioners, as defined in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations); (2) be available to enrollees in the group health plan or health insurance coverage, and to third-party applications or services facilitating such access by enrollees, during the enrollment process and for a minimum of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer; (3) permit persistent access by third-party applications or services authorized by the enrollee, for a reasonable period of time; (4) employ the applicable content, vocabulary, and technical standards, as determined by the Secretary pursuant to title XXX; and (5) employ security and authentication standards, as the Secretary determines appropriate. (d) Denial or discontinuance of access \nA group health plan or health insurance issuer offering group or individual health insurance coverage may deny access or discontinue access of the application programming interfaces (or successor technology or standards) to third-party applications or services on the basis of reasonable privacy or security concerns, as determined by the Secretary, including at the request of the enrollee. (e) Notification \nWhen obtaining enrollee authorization to share information with a third party under this section, a group health plan or a health insurance issuer offering group or individual health insurance coverage shall include a notification for the enrollee that information shared with a third party that is not a covered entity or business associate is not subject to the privacy, security, or breach notification rules under parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (f) Rule of construction regarding privacy \nNothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification rules promulgated under section 264(c) of the Health Insurance Portability and Accountability Act or section 13402 of the HITECH Act, or to alter the Secretary’s existing authority to modify such rules, under part 2 of title 42, Code of Federal Regulations (or successor regulations), under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), under the amendments made by the Genetic Information Nondiscrimination Act, or under State privacy law.", "id": "id7C4624CBA50D43B0B95CD36544924834", "header": "Requirement to provide health claims, network, and cost information", "nested": [ { "text": "(a) In general \nA group health plan or a health insurance issuer offering group or individual health insurance coverage shall make available for access, exchange, and use without special effort, through application programming interfaces (or successor technology or standards), consistent with standards and implementation specifications adopted under section 3004, the information described in subsection (b), in the manner described in subsection (b), as applicable, and otherwise consistent with this section.", "id": "id3810ACC4D14B4F56B0E89DEB2A078134", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Electronic information \nThe following electronic information is required to be made available, as the Secretary may specify: (1) Historical claims, provider encounter, and payment data for each enrollee, which— (A) may include adjudicated medical and prescription drug claims and equivalent encounters, including all data elements contained in such transactions— (i) that were adjudicated by the group health plan or health insurance issuer during the previous 5 years or the enrollee’s entire period of enrollment in the applicable plan or coverage if such period is less than the previous 5 years; (ii) that involve benefits managed by any third party, such as a pharmacy benefits manager or radiology benefits manager that manages benefits or adjudicates claims on behalf of the plan or coverage; and (iii) from any other group health plan or health insurance coverage offered by the same insurance issuer, in which the same enrollee was enrolled during the previous 5 years; and (B) shall be available to an enrollee or former enrollee, the enrollee’s providers, and any third-party applications or services authorized by the enrollee— (i) through the application programming interfaces (or successor technology or standards) consistent with standards and specifications adopted under section 3004, in a single, longitudinal format that is easy to understand, secure, and that may update automatically; (ii) as soon as practicable, and in no case later than the period of time determined by the Secretary, after the claim is adjudicated or the data is received by the group health plan or health insurance issuer; and (iii) for a period of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer. (2) Identifying directory information for all in-network providers, including facilities and practitioners, that participate in the plan or coverage, which shall— (A) include— (i) the national provider identifier for in-network facilities and practitioners; and (ii) the name, address, phone number, and specialty for each such facility and practitioner, within a timeframe determined by the Secretary, from when the plan or coverage receives provider directory information or updates from that facility or practitioner; (B) be capable of returning the information necessary to establish a list of participating in-network facilities and practitioners, in a given specialty or at a particular facility type, within a specified geographic radius; and (C) be capable of returning the network status, when presented with identifiers for a given enrollee and facility or practitioner. (3) Estimated enrollee out-of-pocket costs, including costs expected to be incurred through a deductible, co-payment, coinsurance, or other form of cost-sharing, for— (A) a designated set of common services or episodes of care, to be established by the Secretary through rulemaking, including, at a minimum— (i) in the case of services provided by a hospital, the 100 most common diagnosis-related groups, as used in the Medicare Inpatient Prospective Patient System (or successor episode-based reimbursement methodology) at that hospital, based on claims data adjudicated by the group health plan or health insurance issuer; (ii) in the case of services provided in an out-patient setting, including radiology, lab tests, and out-patient surgical procedures, any service rendered by the facility or practitioner, and reimbursed by the group health plan or health insurance issuer; and (iii) in the case of post-acute care, including home health providers, skilled nursing facilities, inpatient rehabilitation facilities, and long-term care hospitals, the patient out-of-pocket costs for an episode of care, as the Secretary may determine, which permits users to reasonably compare costs across different facility and service types; and (B) all prescription drugs currently included on any tier of the formulary of the plan or coverage.", "id": "id4FE7837574B745A6AACF06C945966228", "header": "Electronic information", "nested": [], "links": [] }, { "text": "(c) Availability and access \nSubject to all applicable Federal and State privacy, security, and breach notification laws, and within a timeframe determined by the Secretary, the application programming interfaces (or successor technology or standards), including all data required to be made available through such interfaces, shall— (1) be made available by the applicable group health plan or health insurance issuer, at no charge, to— (A) enrollees and prospective enrollees in the group health plan or health insurance coverage; (B) third parties authorized by the enrollee; (C) facilities and practitioners who are under contract with the plan or coverage; and (D) business associates of such facilities and practitioners, as defined in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations); (2) be available to enrollees in the group health plan or health insurance coverage, and to third-party applications or services facilitating such access by enrollees, during the enrollment process and for a minimum of 5 years after the end date of the enrollee’s enrollment in the plan or in any coverage offered by the health insurance issuer; (3) permit persistent access by third-party applications or services authorized by the enrollee, for a reasonable period of time; (4) employ the applicable content, vocabulary, and technical standards, as determined by the Secretary pursuant to title XXX; and (5) employ security and authentication standards, as the Secretary determines appropriate.", "id": "idB9F8C2037AB240C693B3D023E38FCDC6", "header": "Availability and access", "nested": [], "links": [] }, { "text": "(d) Denial or discontinuance of access \nA group health plan or health insurance issuer offering group or individual health insurance coverage may deny access or discontinue access of the application programming interfaces (or successor technology or standards) to third-party applications or services on the basis of reasonable privacy or security concerns, as determined by the Secretary, including at the request of the enrollee.", "id": "id90BC9A841FAE4170BC537733A2581004", "header": "Denial or discontinuance of access", "nested": [], "links": [] }, { "text": "(e) Notification \nWhen obtaining enrollee authorization to share information with a third party under this section, a group health plan or a health insurance issuer offering group or individual health insurance coverage shall include a notification for the enrollee that information shared with a third party that is not a covered entity or business associate is not subject to the privacy, security, or breach notification rules under parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations).", "id": "idd1e0e9be64bf44debd0b297088d81017", "header": "Notification", "nested": [], "links": [] }, { "text": "(f) Rule of construction regarding privacy \nNothing in this section shall be construed to alter existing obligations of a covered entity or business associate under the privacy, security, and breach notification rules promulgated under section 264(c) of the Health Insurance Portability and Accountability Act or section 13402 of the HITECH Act, or to alter the Secretary’s existing authority to modify such rules, under part 2 of title 42, Code of Federal Regulations (or successor regulations), under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), under the amendments made by the Genetic Information Nondiscrimination Act, or under State privacy law.", "id": "id0acd636f15874743a75a988bbc36d8bf", "header": "Rule of construction regarding privacy", "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": "9. Required exceptions process for medication step therapy protocols \n(a) Short title \nThis section may be cited as the Safe Step Act. (b) Required exceptions process for medication step therapy protocols \nThe Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 of such Act ( 29 U.S.C. 1185b ) the following new section: 713A. Required exceptions process for medication step therapy protocols \n(a) In general \nIn the case of a group health plan or health insurance issuer offering coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or issuer shall— (1) implement a clear, prompt, and transparent process for a participant or beneficiary (or the prescribing health care provider (referred to in this section as the prescriber ) on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescriber's request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the plan or coverage for patient cost-sharing rates or amounts at the beginning of the plan year. (b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, including treatments provided prior to the effective date of the participant's or beneficiary's coverage under the plan or coverage, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence, based on the prescribing health care professional’s judgement or relevant information provided by the participant or beneficiary (including the medical records of the participant or beneficiary). (2) Delay of effective treatment would lead to severe or irreversible consequences, or worsen disease progression or a comorbidity and the treatment otherwise required under the protocol is reasonably expected by the prescriber to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical or mental harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescriber and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any public or private health plan. (6) Other circumstances, as determined by the Secretary. (c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a) shall— (A) provide the prescriber or participant or beneficiary an opportunity to present such prescriber’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) develop and use a standard form and instructions for the request of an exception under subsection (b), available in paper and electronic forms, and allow for submission of such form by paper and electronic means; (C) provide both paper and electronic means for the submission of requests for additional information; (D) clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (E) not require the submission of any information or supporting documentation beyond what is strictly necessary (as determined by the Secretary) to determine whether a circumstance listed in subsection (b) exists; (F) clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2); and (G) allow a representative of a participant or beneficiary, which may include a designated third-party advocate, to act on behalf of the participant or beneficiary. (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available in the relevant plan materials, including the summary of benefits and, if available, on the website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate. (d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, may jeopardize the ability of the participant or beneficiary to regain maximum function, or may subject the participant or beneficiary to severe pain that cannot be adequately managed without the treatment that is the subject of the request, the plan or issuer shall conduct a review of the request and respond to the participant or beneficiary and, if applicable, the requesting prescriber, with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information. (e) Duration of a grant \nIf an exception to a medication step therapy protocol is granted under this section to a participant or beneficiary, coverage for the requested drug shall remain in effect with respect to such participant or beneficiary for not less than one year. (f) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed. (g) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (f), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol. (h) Reporting \n(1) Reporting to the Secretary \nNot later than 3 years after the date of enactment of the Safe Step Act and not later than October 1 of each year thereafter, each group health plan and health insurance issuer offering group health insurance coverage shall report to the Secretary, in such manner as the Secretary shall require, the following: (A) The number of step therapy exception requests received for each exception circumstance described in paragraphs (1) through (6) of subsection (b), and the numbers of such requests for each such circumstance that were— (i) approved; (ii) deemed approved under subsection (d)(3) due to the failure of the plan or issuer to timely respond; (iii) denied, and the reasons for the denials; (iv) initially denied and appealed; and (v) initially denied and then subsequently reversed by internal appeals or external reviews. (B) The number of times a plan or issuer requested additional information in response to a step therapy exception request, by exception circumstance described in paragraphs (1) through (6) of subsection (b). (C) The number of exception requests submitted by participants or beneficiaries, and the number of exception requests submitted by prescribers, by medical specialty. (D) The medical conditions for which participants and beneficiaries were granted exceptions due to the likelihood that switching from a prescription drug will likely cause an adverse reaction by, or physical or mental harm to, the participant or beneficiary, as described in subsection (b)(3). (E) The entities responsible for providing pharmacy benefit management services for the group health plan or health insurance coverage. (2) Information \nA group health plan or health insurance issuer offering group health insurance coverage shall not enter into a contract with a third-party administrator or an entity providing pharmacy benefit management services on behalf of the plan or coverage that prevents the plan or issuer from obtaining from the third-party administrator or the entity providing pharmacy benefit management services any information needed for the plan or issuer to comply with the reporting requirements under paragraph (1). (3) Reports to Congress \nNot later than 3 years after the date of enactment of the Safe Step Act , and not later than October 1 of each year thereafter, the Secretary shall submit to Congress, and make publicly available, a report that contains a summary and analysis of the information reported under paragraph (1), including an analysis of, with respect to requests for exceptions under this section, approvals, and denials, including the reasons for denials; appeals and external reviews; and trends, if any, in exception requests by medical specialty or medical condition.. (c) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 713 the following new items: Sec. 713A. Required exceptions process for medication step therapy protocols.. (d) Effective date \n(1) In general \nThe amendment made by subsection (b) applies with respect to plan years beginning with the first plan year that begins at least 6 months after the date of the enactment of this Act. (2) Regulations \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall issue final regulations, through notice and comment rulemaking, to implement the provisions of section 713A of the Employee Retirement Income Security Act of 1974, as added by subsection (b).", "id": "id61ee01a38ebd452297588c943a9fa519", "header": "Required exceptions process for medication step therapy protocols", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Safe Step Act.", "id": "id130adecea5bb4967800db11480799501", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Required exceptions process for medication step therapy protocols \nThe Employee Retirement Income Security Act of 1974 is amended by inserting after section 713 of such Act ( 29 U.S.C. 1185b ) the following new section: 713A. Required exceptions process for medication step therapy protocols \n(a) In general \nIn the case of a group health plan or health insurance issuer offering coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or issuer shall— (1) implement a clear, prompt, and transparent process for a participant or beneficiary (or the prescribing health care provider (referred to in this section as the prescriber ) on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescriber's request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the plan or coverage for patient cost-sharing rates or amounts at the beginning of the plan year. (b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, including treatments provided prior to the effective date of the participant's or beneficiary's coverage under the plan or coverage, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence, based on the prescribing health care professional’s judgement or relevant information provided by the participant or beneficiary (including the medical records of the participant or beneficiary). (2) Delay of effective treatment would lead to severe or irreversible consequences, or worsen disease progression or a comorbidity and the treatment otherwise required under the protocol is reasonably expected by the prescriber to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical or mental harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescriber and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any public or private health plan. (6) Other circumstances, as determined by the Secretary. (c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a) shall— (A) provide the prescriber or participant or beneficiary an opportunity to present such prescriber’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) develop and use a standard form and instructions for the request of an exception under subsection (b), available in paper and electronic forms, and allow for submission of such form by paper and electronic means; (C) provide both paper and electronic means for the submission of requests for additional information; (D) clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (E) not require the submission of any information or supporting documentation beyond what is strictly necessary (as determined by the Secretary) to determine whether a circumstance listed in subsection (b) exists; (F) clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2); and (G) allow a representative of a participant or beneficiary, which may include a designated third-party advocate, to act on behalf of the participant or beneficiary. (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available in the relevant plan materials, including the summary of benefits and, if available, on the website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate. (d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, may jeopardize the ability of the participant or beneficiary to regain maximum function, or may subject the participant or beneficiary to severe pain that cannot be adequately managed without the treatment that is the subject of the request, the plan or issuer shall conduct a review of the request and respond to the participant or beneficiary and, if applicable, the requesting prescriber, with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information. (e) Duration of a grant \nIf an exception to a medication step therapy protocol is granted under this section to a participant or beneficiary, coverage for the requested drug shall remain in effect with respect to such participant or beneficiary for not less than one year. (f) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed. (g) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (f), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol. (h) Reporting \n(1) Reporting to the Secretary \nNot later than 3 years after the date of enactment of the Safe Step Act and not later than October 1 of each year thereafter, each group health plan and health insurance issuer offering group health insurance coverage shall report to the Secretary, in such manner as the Secretary shall require, the following: (A) The number of step therapy exception requests received for each exception circumstance described in paragraphs (1) through (6) of subsection (b), and the numbers of such requests for each such circumstance that were— (i) approved; (ii) deemed approved under subsection (d)(3) due to the failure of the plan or issuer to timely respond; (iii) denied, and the reasons for the denials; (iv) initially denied and appealed; and (v) initially denied and then subsequently reversed by internal appeals or external reviews. (B) The number of times a plan or issuer requested additional information in response to a step therapy exception request, by exception circumstance described in paragraphs (1) through (6) of subsection (b). (C) The number of exception requests submitted by participants or beneficiaries, and the number of exception requests submitted by prescribers, by medical specialty. (D) The medical conditions for which participants and beneficiaries were granted exceptions due to the likelihood that switching from a prescription drug will likely cause an adverse reaction by, or physical or mental harm to, the participant or beneficiary, as described in subsection (b)(3). (E) The entities responsible for providing pharmacy benefit management services for the group health plan or health insurance coverage. (2) Information \nA group health plan or health insurance issuer offering group health insurance coverage shall not enter into a contract with a third-party administrator or an entity providing pharmacy benefit management services on behalf of the plan or coverage that prevents the plan or issuer from obtaining from the third-party administrator or the entity providing pharmacy benefit management services any information needed for the plan or issuer to comply with the reporting requirements under paragraph (1). (3) Reports to Congress \nNot later than 3 years after the date of enactment of the Safe Step Act , and not later than October 1 of each year thereafter, the Secretary shall submit to Congress, and make publicly available, a report that contains a summary and analysis of the information reported under paragraph (1), including an analysis of, with respect to requests for exceptions under this section, approvals, and denials, including the reasons for denials; appeals and external reviews; and trends, if any, in exception requests by medical specialty or medical condition..", "id": "id9e401ad5db814757831371fa53185072", "header": "Required exceptions process for medication step therapy protocols", "nested": [], "links": [ { "text": "29 U.S.C. 1185b", "legal-doc": "usc", "parsable-cite": "usc/29/1185b" } ] }, { "text": "(c) Clerical amendment \nThe table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 713 the following new items: Sec. 713A. Required exceptions process for medication step therapy protocols..", "id": "idaa263ea1391841cea896c2655749e56f", "header": "Clerical amendment", "nested": [], "links": [ { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" } ] }, { "text": "(d) Effective date \n(1) In general \nThe amendment made by subsection (b) applies with respect to plan years beginning with the first plan year that begins at least 6 months after the date of the enactment of this Act. (2) Regulations \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall issue final regulations, through notice and comment rulemaking, to implement the provisions of section 713A of the Employee Retirement Income Security Act of 1974, as added by subsection (b).", "id": "H5790E9DB32F34244A90FFDE689B700F4", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 1185b", "legal-doc": "usc", "parsable-cite": "usc/29/1185b" }, { "text": "29 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/1001" } ] }, { "text": "713A. Required exceptions process for medication step therapy protocols \n(a) In general \nIn the case of a group health plan or health insurance issuer offering coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or issuer shall— (1) implement a clear, prompt, and transparent process for a participant or beneficiary (or the prescribing health care provider (referred to in this section as the prescriber ) on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescriber's request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the plan or coverage for patient cost-sharing rates or amounts at the beginning of the plan year. (b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, including treatments provided prior to the effective date of the participant's or beneficiary's coverage under the plan or coverage, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence, based on the prescribing health care professional’s judgement or relevant information provided by the participant or beneficiary (including the medical records of the participant or beneficiary). (2) Delay of effective treatment would lead to severe or irreversible consequences, or worsen disease progression or a comorbidity and the treatment otherwise required under the protocol is reasonably expected by the prescriber to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical or mental harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescriber and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any public or private health plan. (6) Other circumstances, as determined by the Secretary. (c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a) shall— (A) provide the prescriber or participant or beneficiary an opportunity to present such prescriber’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) develop and use a standard form and instructions for the request of an exception under subsection (b), available in paper and electronic forms, and allow for submission of such form by paper and electronic means; (C) provide both paper and electronic means for the submission of requests for additional information; (D) clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (E) not require the submission of any information or supporting documentation beyond what is strictly necessary (as determined by the Secretary) to determine whether a circumstance listed in subsection (b) exists; (F) clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2); and (G) allow a representative of a participant or beneficiary, which may include a designated third-party advocate, to act on behalf of the participant or beneficiary. (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available in the relevant plan materials, including the summary of benefits and, if available, on the website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate. (d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, may jeopardize the ability of the participant or beneficiary to regain maximum function, or may subject the participant or beneficiary to severe pain that cannot be adequately managed without the treatment that is the subject of the request, the plan or issuer shall conduct a review of the request and respond to the participant or beneficiary and, if applicable, the requesting prescriber, with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information. (e) Duration of a grant \nIf an exception to a medication step therapy protocol is granted under this section to a participant or beneficiary, coverage for the requested drug shall remain in effect with respect to such participant or beneficiary for not less than one year. (f) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed. (g) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (f), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol. (h) Reporting \n(1) Reporting to the Secretary \nNot later than 3 years after the date of enactment of the Safe Step Act and not later than October 1 of each year thereafter, each group health plan and health insurance issuer offering group health insurance coverage shall report to the Secretary, in such manner as the Secretary shall require, the following: (A) The number of step therapy exception requests received for each exception circumstance described in paragraphs (1) through (6) of subsection (b), and the numbers of such requests for each such circumstance that were— (i) approved; (ii) deemed approved under subsection (d)(3) due to the failure of the plan or issuer to timely respond; (iii) denied, and the reasons for the denials; (iv) initially denied and appealed; and (v) initially denied and then subsequently reversed by internal appeals or external reviews. (B) The number of times a plan or issuer requested additional information in response to a step therapy exception request, by exception circumstance described in paragraphs (1) through (6) of subsection (b). (C) The number of exception requests submitted by participants or beneficiaries, and the number of exception requests submitted by prescribers, by medical specialty. (D) The medical conditions for which participants and beneficiaries were granted exceptions due to the likelihood that switching from a prescription drug will likely cause an adverse reaction by, or physical or mental harm to, the participant or beneficiary, as described in subsection (b)(3). (E) The entities responsible for providing pharmacy benefit management services for the group health plan or health insurance coverage. (2) Information \nA group health plan or health insurance issuer offering group health insurance coverage shall not enter into a contract with a third-party administrator or an entity providing pharmacy benefit management services on behalf of the plan or coverage that prevents the plan or issuer from obtaining from the third-party administrator or the entity providing pharmacy benefit management services any information needed for the plan or issuer to comply with the reporting requirements under paragraph (1). (3) Reports to Congress \nNot later than 3 years after the date of enactment of the Safe Step Act , and not later than October 1 of each year thereafter, the Secretary shall submit to Congress, and make publicly available, a report that contains a summary and analysis of the information reported under paragraph (1), including an analysis of, with respect to requests for exceptions under this section, approvals, and denials, including the reasons for denials; appeals and external reviews; and trends, if any, in exception requests by medical specialty or medical condition.", "id": "idbe82175f81804b0b86e494f667cad2f9", "header": "Required exceptions process for medication step therapy protocols", "nested": [ { "text": "(a) In general \nIn the case of a group health plan or health insurance issuer offering coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a medication step therapy protocol, the plan or issuer shall— (1) implement a clear, prompt, and transparent process for a participant or beneficiary (or the prescribing health care provider (referred to in this section as the prescriber ) on behalf of the participant or beneficiary) to request an exception to such medication step therapy protocol, pursuant to subsection (b); and (2) where the participant or beneficiary or prescriber's request for an exception to the medication step therapy protocols satisfies the criteria and requirements of subsection (b), cover the requested drug in accordance with the terms established by the plan or coverage for patient cost-sharing rates or amounts at the beginning of the plan year.", "id": "id82202f27c0d44bb49ba6b2cccd964abb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Circumstances for exception approval \nThe circumstances requiring an exception to a medication step therapy protocol, pursuant to a request under subsection (a), are any of the following: (1) Any treatments otherwise required under the protocol, or treatments in the same pharmacological class or having the same mechanism of action, including treatments provided prior to the effective date of the participant's or beneficiary's coverage under the plan or coverage, have been ineffective in the treatment of the disease or condition of the participant or beneficiary, when prescribed consistent with clinical indications, clinical guidelines, or other peer-reviewed evidence, based on the prescribing health care professional’s judgement or relevant information provided by the participant or beneficiary (including the medical records of the participant or beneficiary). (2) Delay of effective treatment would lead to severe or irreversible consequences, or worsen disease progression or a comorbidity and the treatment otherwise required under the protocol is reasonably expected by the prescriber to be ineffective based upon the documented physical or mental characteristics of the participant or beneficiary and the known characteristics of such treatment. (3) Any treatments otherwise required under the protocol are contraindicated for the participant or beneficiary or have caused, or are likely to cause, based on clinical, peer-reviewed evidence, an adverse reaction or other physical or mental harm to the participant or beneficiary. (4) Any treatment otherwise required under the protocol has prevented, will prevent, or is likely to prevent a participant or beneficiary from achieving or maintaining reasonable and safe functional ability in performing occupational responsibilities or activities of daily living (as defined in section 441.505 of title 42, Code of Federal Regulations (or successor regulations)). (5) The participant or beneficiary is stable for his or her disease or condition on the prescription drug or drugs selected by the prescriber and has previously received approval for coverage of the relevant drug or drugs for the disease or condition by any public or private health plan. (6) Other circumstances, as determined by the Secretary.", "id": "id69a4a93d2b3e4788a0c2943e499b2577", "header": "Circumstances for exception approval", "nested": [], "links": [] }, { "text": "(c) Requirement of a clear process \n(1) In general \nThe process required by subsection (a) shall— (A) provide the prescriber or participant or beneficiary an opportunity to present such prescriber’s clinical rationale and relevant medical information for the group health plan or health insurance issuer to evaluate such request for exception; (B) develop and use a standard form and instructions for the request of an exception under subsection (b), available in paper and electronic forms, and allow for submission of such form by paper and electronic means; (C) provide both paper and electronic means for the submission of requests for additional information; (D) clearly set forth all required information and the specific criteria that will be used to determine whether an exception is warranted, which may require disclosure of— (i) the medical history or other health records of the participant or beneficiary demonstrating that the participant or beneficiary seeking an exception— (I) has tried other drugs included in the drug therapy class without success; or (II) has taken the requested drug for a clinically appropriate amount of time to establish stability, in relation to the condition being treated and prescription guidelines given by the prescribing physician; or (ii) other clinical information that may be relevant to conducting the exception review; (E) not require the submission of any information or supporting documentation beyond what is strictly necessary (as determined by the Secretary) to determine whether a circumstance listed in subsection (b) exists; (F) clearly outline conditions under which an exception request warrants expedited resolution from the group health plan or health insurance issuer, pursuant to subsection (d)(2); and (G) allow a representative of a participant or beneficiary, which may include a designated third-party advocate, to act on behalf of the participant or beneficiary. (2) Availability of process information \nThe group health plan or health insurance issuer shall make information regarding the process required under subsection (a) readily available in the relevant plan materials, including the summary of benefits and, if available, on the website of the group health plan or health insurance issuer. Such information shall include— (A) the requirements for requesting an exception to a medication step therapy protocol pursuant to this section; and (B) any forms, supporting information, and contact information, as appropriate.", "id": "id743eab3f8a5140cdb87c572c5afd76db", "header": "Requirement of a clear process", "nested": [], "links": [] }, { "text": "(d) Timing for determination of exception \nThe process required under subsection (a)(1) shall provide for the disposition of requests received under such paragraph in accordance with the following: (1) Subject to paragraph (2), not later than 72 hours after receiving an initial exception request, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met. The plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a determination of exception eligibility no later than 72 hours after receipt of the additional required information. (2) In the case of a request under circumstances in which the applicable medication step therapy protocol may seriously jeopardize the life or health of the participant or beneficiary, may jeopardize the ability of the participant or beneficiary to regain maximum function, or may subject the participant or beneficiary to severe pain that cannot be adequately managed without the treatment that is the subject of the request, the plan or issuer shall conduct a review of the request and respond to the participant or beneficiary and, if applicable, the requesting prescriber, with either a determination of exception eligibility or a request for additional required information strictly necessary to make a determination of whether the conditions specified in subsection (b) are met, in accordance with the following: (A) If the plan or issuer can make a determination of exception eligibility without additional information, such determination shall be made on an expedited basis, and no later than 24 hours after receipt of such request. (B) If the plan or issuer requires additional information before making a determination of exception eligibility, the plan or issuer shall respond to the participant or beneficiary and, if applicable, the requesting prescriber, with a request for such information within 24 hours of the request for a determination, and shall respond with a determination of exception eligibility as quickly as the condition or disease requires, and no later than 24 hours after receipt of the additional required information.", "id": "id6fea54be8e8d436d8ac8d5a044e57fd5", "header": "Timing for determination of exception", "nested": [], "links": [] }, { "text": "(e) Duration of a grant \nIf an exception to a medication step therapy protocol is granted under this section to a participant or beneficiary, coverage for the requested drug shall remain in effect with respect to such participant or beneficiary for not less than one year.", "id": "idd7d74675e6044b96bf3e5a7fd1fb36e8", "header": "Duration of a grant", "nested": [], "links": [] }, { "text": "(f) Medication step therapy protocol \nIn this section, the term medication step therapy protocol means a drug therapy utilization management protocol or program under which a group health plan or health insurance issuer offering group health insurance coverage of prescription drugs requires a participant or beneficiary to try an alternative preferred prescription drug or drugs before the plan or health insurance issuer approves coverage for the non-preferred drug therapy prescribed.", "id": "id6b88bf911ba644299bac2103e003cfb5", "header": "Medication step therapy protocol", "nested": [], "links": [] }, { "text": "(g) Clarification \nThis section shall apply with respect to any group health plan or health insurance coverage offered in connection with such a plan that provides coverage of a prescription drug pursuant to a policy that meets the definition of the term medication step therapy protocol in subsection (f), regardless of whether such policy is described by such group health plan or health insurance coverage as a step therapy protocol.", "id": "ide63e25573ae641d29a83ea4b740987a3", "header": "Clarification", "nested": [], "links": [] }, { "text": "(h) Reporting \n(1) Reporting to the Secretary \nNot later than 3 years after the date of enactment of the Safe Step Act and not later than October 1 of each year thereafter, each group health plan and health insurance issuer offering group health insurance coverage shall report to the Secretary, in such manner as the Secretary shall require, the following: (A) The number of step therapy exception requests received for each exception circumstance described in paragraphs (1) through (6) of subsection (b), and the numbers of such requests for each such circumstance that were— (i) approved; (ii) deemed approved under subsection (d)(3) due to the failure of the plan or issuer to timely respond; (iii) denied, and the reasons for the denials; (iv) initially denied and appealed; and (v) initially denied and then subsequently reversed by internal appeals or external reviews. (B) The number of times a plan or issuer requested additional information in response to a step therapy exception request, by exception circumstance described in paragraphs (1) through (6) of subsection (b). (C) The number of exception requests submitted by participants or beneficiaries, and the number of exception requests submitted by prescribers, by medical specialty. (D) The medical conditions for which participants and beneficiaries were granted exceptions due to the likelihood that switching from a prescription drug will likely cause an adverse reaction by, or physical or mental harm to, the participant or beneficiary, as described in subsection (b)(3). (E) The entities responsible for providing pharmacy benefit management services for the group health plan or health insurance coverage. (2) Information \nA group health plan or health insurance issuer offering group health insurance coverage shall not enter into a contract with a third-party administrator or an entity providing pharmacy benefit management services on behalf of the plan or coverage that prevents the plan or issuer from obtaining from the third-party administrator or the entity providing pharmacy benefit management services any information needed for the plan or issuer to comply with the reporting requirements under paragraph (1). (3) Reports to Congress \nNot later than 3 years after the date of enactment of the Safe Step Act , and not later than October 1 of each year thereafter, the Secretary shall submit to Congress, and make publicly available, a report that contains a summary and analysis of the information reported under paragraph (1), including an analysis of, with respect to requests for exceptions under this section, approvals, and denials, including the reasons for denials; appeals and external reviews; and trends, if any, in exception requests by medical specialty or medical condition.", "id": "id3da095b2b39846449792cc5ac2fd5202", "header": "Reporting", "nested": [], "links": [] } ], "links": [] } ]

[ "Civil actions and liability", "Congressional oversight", "Disability and health-based discrimination", "Employment discrimination and employee rights", "Government information and archives", "Government studies and investigations", "Health care costs and insurance", "Health care coverage and access", "Health information and medical records", "Prescription drugs", "Right of privacy" ]

[ { "text": "1. Short title \nThis Act may be cited as the Taiwan Tax Agreement Act of 2023.", "id": "id3df7a3cd8f274c4fa5a332fce223c5ed", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) The United States has entered into tax treaties covering 65 jurisdictions, which facilitate economic activity, strengthen bilateral cooperation, and benefit United States businesses and other United States taxpayers. (2) Taiwan is a one of the largest trading partners of the United States and one of the world’s largest economies, and further bolstering economic ties between the United States and Taiwan remains critical, especially given Taiwan’s strategic importance and the increasing threat posed by the People’s Republic of China. (3) A tax agreement with Taiwan would play a key role in facilitating and promoting increased bilateral investment and trade between the United States and Taiwan, fortifying the relationship between the two more generally, and encouraging other nations to increase their economic linkages to Taiwan.", "id": "id4ba640adcb2542d7aae39835a3741ca4", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Authorization to negotiate and conclude \n(a) In general \nThe President is authorized to negotiate and enter into a tax agreement relative to Taiwan through the American Institute in Taiwan (AIT) (hereinafter the Agreement ). (b) Elements of agreement \nThe Agreement authorized to be negotiated and concluded under this section shall conform with the provisions customarily contained in United States bilateral income tax conventions, as exemplified by the 2016 United States Model Income Tax Convention, and shall include the following elements: (1) Application to tax residents of the United States, Taiwan, or both, exclusive of enterprises permanently established in the People’s Republic of China or in third States that do not have a comprehensive income tax treaty with the United States. (2) Relief from double taxation. (3) Measures aimed at limiting the risk of tax evasion or avoidance. (4) Entry into force conditioned upon confirmation by the President of approval by the United States Congress, as described in section 4, and relevant authority in Taiwan and necessary steps taken to enable implementation. (c) Limitation \nThe Agreement authorized to be negotiated and concluded under this section may not include elements outside the scope of the 2016 United States Model Income Tax Convention.", "id": "id0627a850de694f89abd1904255f2367a", "header": "Authorization to negotiate and conclude", "nested": [ { "text": "(a) In general \nThe President is authorized to negotiate and enter into a tax agreement relative to Taiwan through the American Institute in Taiwan (AIT) (hereinafter the Agreement ).", "id": "id09f28bb3c54a48a7b381be722cf68659", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements of agreement \nThe Agreement authorized to be negotiated and concluded under this section shall conform with the provisions customarily contained in United States bilateral income tax conventions, as exemplified by the 2016 United States Model Income Tax Convention, and shall include the following elements: (1) Application to tax residents of the United States, Taiwan, or both, exclusive of enterprises permanently established in the People’s Republic of China or in third States that do not have a comprehensive income tax treaty with the United States. (2) Relief from double taxation. (3) Measures aimed at limiting the risk of tax evasion or avoidance. (4) Entry into force conditioned upon confirmation by the President of approval by the United States Congress, as described in section 4, and relevant authority in Taiwan and necessary steps taken to enable implementation.", "id": "id191ce557d1ed49a6807ded4538186103", "header": "Elements of agreement", "nested": [], "links": [] }, { "text": "(c) Limitation \nThe Agreement authorized to be negotiated and concluded under this section may not include elements outside the scope of the 2016 United States Model Income Tax Convention.", "id": "id84b11507a9b842d1870b07f85200b499", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Consultation \n(a) Notification upon commencement of negotiations \nThe President shall provide written notification to the appropriate congressional committees of the commencement of negotiations between AIT and TECRO on the Agreement at least 15 calendar days before such commencement. (b) Reports \nNot later than 90 days after commencement of negotiations on the Agreement, and every 180 days thereafter until conclusion of the Agreement, the President shall submit a report to the appropriate congressional committees providing an update on the status of negotiations, including a description of elements under negotiation. (c) Consultations during negotiations \nIn the course of negotiations conducted under the authorities of this Act, the Secretary of the Treasury, in coordination with the Secretary of State, shall— (1) meet, upon request, with the Chairman or Ranking Member of the appropriate congressional committees regarding negotiating objectives and the status of negotiations in progress; and (2) consult closely, on a timely basis, and keep fully apprised of the negotiations, the appropriate congressional committees.", "id": "id62b2d76355474c229aa0cab94ad4ece3", "header": "Consultation", "nested": [ { "text": "(a) Notification upon commencement of negotiations \nThe President shall provide written notification to the appropriate congressional committees of the commencement of negotiations between AIT and TECRO on the Agreement at least 15 calendar days before such commencement.", "id": "idf6aa7c6f6a344a53af89754fd139a88e", "header": "Notification upon commencement of negotiations", "nested": [], "links": [] }, { "text": "(b) Reports \nNot later than 90 days after commencement of negotiations on the Agreement, and every 180 days thereafter until conclusion of the Agreement, the President shall submit a report to the appropriate congressional committees providing an update on the status of negotiations, including a description of elements under negotiation.", "id": "idb3b6baca8c5242e3ae9a0b4d939d68a6", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Consultations during negotiations \nIn the course of negotiations conducted under the authorities of this Act, the Secretary of the Treasury, in coordination with the Secretary of State, shall— (1) meet, upon request, with the Chairman or Ranking Member of the appropriate congressional committees regarding negotiating objectives and the status of negotiations in progress; and (2) consult closely, on a timely basis, and keep fully apprised of the negotiations, the appropriate congressional committees.", "id": "idef0cc4d20d764a9fb3ec19409e111cc1", "header": "Consultations during negotiations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Approval of the Agreement \n(a) Submission of agreement \nNot later than 30 days after the Agreement is concluded, the Secretary of State shall provide the Agreement and technical explanation to the appropriate congressional committees. (b) Approval \nThe Agreement shall not take effect until after Congress passes a concurrent resolution of approval as described in subsection (c). (c) Terms of concurrent resolution of approval \n(1) In general \nFor purposes of subsection (b), the term concurrent resolution of approval means only a concurrent resolution— (A) which does not have a preamble; (B) which includes in the matter after the resolving clause the following: That Congress approves the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office, as submitted by the President on ____. , the blank space being filled in with the appropriate date; and (C) the title of which is as follows: Concurrent resolution approving the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office.. (2) Referral \nA resolution described in this subsection that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in this subsection that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives.", "id": "id2c64ec3af5514bc8ae8b1cfeb1c0d08a", "header": "Approval of the Agreement", "nested": [ { "text": "(a) Submission of agreement \nNot later than 30 days after the Agreement is concluded, the Secretary of State shall provide the Agreement and technical explanation to the appropriate congressional committees.", "id": "ideba01525ab9348cfb56db527f7c9d258", "header": "Submission of agreement", "nested": [], "links": [] }, { "text": "(b) Approval \nThe Agreement shall not take effect until after Congress passes a concurrent resolution of approval as described in subsection (c).", "id": "id3d5688e8c538473383f58c41d40b12ff", "header": "Approval", "nested": [], "links": [] }, { "text": "(c) Terms of concurrent resolution of approval \n(1) In general \nFor purposes of subsection (b), the term concurrent resolution of approval means only a concurrent resolution— (A) which does not have a preamble; (B) which includes in the matter after the resolving clause the following: That Congress approves the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office, as submitted by the President on ____. , the blank space being filled in with the appropriate date; and (C) the title of which is as follows: Concurrent resolution approving the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office.. (2) Referral \nA resolution described in this subsection that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in this subsection that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives.", "id": "id6bff480dbd704f5cbc26d450aa3b2bfe", "header": "Terms of concurrent resolution of approval", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Entry into force and legal effect of the Agreement \n(a) Entry into force \nUpon passage of the concurrent resolution of approval, the President may bring the Agreement into force. (b) Legal effect \nUpon entry into force, the Agreement shall be afforded the same treatment as a treaty for purposes of the laws of the United States.", "id": "idd0c8dae83e904ed18557675646442818", "header": "Entry into force and legal effect of the Agreement", "nested": [ { "text": "(a) Entry into force \nUpon passage of the concurrent resolution of approval, the President may bring the Agreement into force.", "id": "ide236721cbf314e6cb2bd581da0be2264", "header": "Entry into force", "nested": [], "links": [] }, { "text": "(b) Legal effect \nUpon entry into force, the Agreement shall be afforded the same treatment as a treaty for purposes of the laws of the United States.", "id": "id32f18a10b6bb447e85ef87e2b4dc010b", "header": "Legal effect", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Foreign Relations and the Committee on Finance of the Senate and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives.", "id": "id27ace4f9b8c940b7a52c1aaf64bb9250", "header": "Appropriate congressional committees defined", "nested": [], "links": [] }, { "text": "1. Short title \nThis Act may be cited as the Taiwan Tax Agreement Act of 2023.", "id": "id626c8841-d560-47be-a14b-7f54de584896", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) The United States has entered into tax treaties covering 65 jurisdictions, which facilitate economic activity, strengthen bilateral cooperation, and benefit United States businesses and other United States taxpayers. (2) Taiwan is a one of the largest trading partners of the United States and one of the world’s largest economies, and further bolstering economic ties between the United States and Taiwan remains critical, especially given Taiwan’s strategic importance and the increasing threat posed by the People’s Republic of China. (3) A tax agreement with Taiwan would play a key role in facilitating and promoting increased bilateral investment and trade between the United States and Taiwan, fortifying the relationship between the two more generally, and encouraging other nations to increase their economic linkages to Taiwan.", "id": "id235c37a3-9696-4186-9ef8-715cd3c33465", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Authorization to negotiate and conclude \n(a) In general \nThe President is authorized to negotiate and enter into a tax agreement relative to Taiwan through the American Institute in Taiwan (AIT) (hereinafter the Agreement ). (b) Elements of agreement \nThe Agreement authorized to be negotiated and concluded under this section shall conform with the provisions customarily contained in United States bilateral income tax conventions, as exemplified by the 2016 United States Model Income Tax Convention, and shall include the following elements: (1) Application to tax residents of the United States, Taiwan, or both, exclusive of enterprises headquartered in the People’s Republic of China or in third states that do not have a comprehensive income tax treaty with the United States. (2) Relief from double taxation. (3) Measures aimed at limiting the risk of tax evasion or avoidance. (4) Entry into force conditioned upon confirmation by the President of approval by the United States Congress, as described in section 5, and relevant authority in Taiwan and necessary steps taken to enable implementation. (c) Limitation \nThe Agreement authorized to be negotiated and concluded under this section may not include elements outside the scope of the 2016 United States Model Income Tax Convention.", "id": "id8c6c0eb8-128f-4061-8fbb-600c09cba277", "header": "Authorization to negotiate and conclude", "nested": [ { "text": "(a) In general \nThe President is authorized to negotiate and enter into a tax agreement relative to Taiwan through the American Institute in Taiwan (AIT) (hereinafter the Agreement ).", "id": "id6fb63954-853e-40b0-8ec3-5d2d73a8ccbd", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements of agreement \nThe Agreement authorized to be negotiated and concluded under this section shall conform with the provisions customarily contained in United States bilateral income tax conventions, as exemplified by the 2016 United States Model Income Tax Convention, and shall include the following elements: (1) Application to tax residents of the United States, Taiwan, or both, exclusive of enterprises headquartered in the People’s Republic of China or in third states that do not have a comprehensive income tax treaty with the United States. (2) Relief from double taxation. (3) Measures aimed at limiting the risk of tax evasion or avoidance. (4) Entry into force conditioned upon confirmation by the President of approval by the United States Congress, as described in section 5, and relevant authority in Taiwan and necessary steps taken to enable implementation.", "id": "id0979dc0f-4e80-49c3-a9ee-46ac94d7e742", "header": "Elements of agreement", "nested": [], "links": [] }, { "text": "(c) Limitation \nThe Agreement authorized to be negotiated and concluded under this section may not include elements outside the scope of the 2016 United States Model Income Tax Convention.", "id": "idf083cfc5-8e7b-427e-b58d-7bbaedb4c206", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Consultation \n(a) Notification upon commencement of negotiations \nThe President shall provide written notification to the appropriate congressional committees of the commencement of negotiations between AIT and TECRO on the Agreement at least 15 calendar days before such commencement. (b) Briefings \nNot later than 90 days after commencement of negotiations on the Agreement, and every 180 days thereafter until conclusion of the Agreement, the President shall provide a briefing to the appropriate congressional committees providing an update on the status of negotiations, including a description of elements under negotiation. (c) Consultations during negotiations \nIn the course of negotiations conducted under the authorities of this Act, the Secretary of the Treasury, in coordination with the Secretary of State, shall— (1) meet, upon request, with the Chairman or Ranking Member of the appropriate congressional committees regarding negotiating objectives and the status of negotiations in progress; and (2) consult closely, on a timely basis, and keep fully apprised of the negotiations, the appropriate congressional committees.", "id": "id85ba155f-0828-47b8-92ed-3d121d67374a", "header": "Consultation", "nested": [ { "text": "(a) Notification upon commencement of negotiations \nThe President shall provide written notification to the appropriate congressional committees of the commencement of negotiations between AIT and TECRO on the Agreement at least 15 calendar days before such commencement.", "id": "idde1a2eff-e121-4ea3-945b-7d4ce286d9a8", "header": "Notification upon commencement of negotiations", "nested": [], "links": [] }, { "text": "(b) Briefings \nNot later than 90 days after commencement of negotiations on the Agreement, and every 180 days thereafter until conclusion of the Agreement, the President shall provide a briefing to the appropriate congressional committees providing an update on the status of negotiations, including a description of elements under negotiation.", "id": "id720622a2-1f2a-43d2-b506-8d258fbc8c8b", "header": "Briefings", "nested": [], "links": [] }, { "text": "(c) Consultations during negotiations \nIn the course of negotiations conducted under the authorities of this Act, the Secretary of the Treasury, in coordination with the Secretary of State, shall— (1) meet, upon request, with the Chairman or Ranking Member of the appropriate congressional committees regarding negotiating objectives and the status of negotiations in progress; and (2) consult closely, on a timely basis, and keep fully apprised of the negotiations, the appropriate congressional committees.", "id": "id6b89f5d7-5bc1-4bff-9198-10f8dc823605", "header": "Consultations during negotiations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Approval of the Agreement \n(a) Submission of agreement \nNot later than 180 days after the Agreement is concluded, the Secretary of State shall provide the Agreement and technical explanation to the appropriate congressional committees. (b) Approval \nThe Agreement shall not take effect until after Congress passes a concurrent resolution of approval as described in subsection (c). (c) Terms of concurrent resolution of approval \n(1) In general \nFor purposes of subsection (b), the term concurrent resolution of approval means only a concurrent resolution— (A) which does not have a preamble; (B) which includes in the matter after the resolving clause the following: That Congress approves the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office, as submitted by the President on ____. , the blank space being filled in with the appropriate date; and (C) the title of which is as follows: Concurrent resolution approving the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office.. (2) Referral \nA resolution described in this subsection that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in this subsection that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives.", "id": "id381c05b1-e204-4350-af70-8dee710c3363", "header": "Approval of the Agreement", "nested": [ { "text": "(a) Submission of agreement \nNot later than 180 days after the Agreement is concluded, the Secretary of State shall provide the Agreement and technical explanation to the appropriate congressional committees.", "id": "idf12215b7-3730-4c5e-b10c-7bb744c973d2", "header": "Submission of agreement", "nested": [], "links": [] }, { "text": "(b) Approval \nThe Agreement shall not take effect until after Congress passes a concurrent resolution of approval as described in subsection (c).", "id": "id58b17115-4e35-4d6c-b3db-fa26189785b5", "header": "Approval", "nested": [], "links": [] }, { "text": "(c) Terms of concurrent resolution of approval \n(1) In general \nFor purposes of subsection (b), the term concurrent resolution of approval means only a concurrent resolution— (A) which does not have a preamble; (B) which includes in the matter after the resolving clause the following: That Congress approves the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office, as submitted by the President on ____. , the blank space being filled in with the appropriate date; and (C) the title of which is as follows: Concurrent resolution approving the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office.. (2) Referral \nA resolution described in this subsection that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in this subsection that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives.", "id": "id96b8c325-c860-4d17-87ef-45c75d575be8", "header": "Terms of concurrent resolution of approval", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Entry into force and legal effect of the Agreement \n(a) Entry into force \nUpon passage of the concurrent resolution of approval, the President may bring the Agreement into force. (b) Legal effect \nUpon entry into force, the Agreement shall be afforded the same treatment as a treaty for purposes of the laws of the United States.", "id": "idbecd2a54-ec99-485c-bf57-c1e4e493a03c", "header": "Entry into force and legal effect of the Agreement", "nested": [ { "text": "(a) Entry into force \nUpon passage of the concurrent resolution of approval, the President may bring the Agreement into force.", "id": "ida8f99276-e767-4c79-8e18-01df6618684e", "header": "Entry into force", "nested": [], "links": [] }, { "text": "(b) Legal effect \nUpon entry into force, the Agreement shall be afforded the same treatment as a treaty for purposes of the laws of the United States.", "id": "idec132765-69bc-4d79-8938-56554f185d61", "header": "Legal effect", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means the Committee on Foreign Relations and the Committee on Finance of the Senate and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives.", "id": "idc2322779-e184-4fbe-be71-5d79b9c80b8c", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ]

[ "Asia", "Congressional oversight", "International law and treaties", "Taiwan", "Tax administration and collection, taxpayers", "Taxation of foreign income" ]

[ { "text": "1. Short title \nThis Act may be cited as the Better Examiner Standards and Transparency for Veterans Act of 2023 or the BEST for Vets Act of 2023.", "id": "idA5189FAAD57F4C71BC3E40076F9931A3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Ensuring only licensed health care professionals furnish medical disability examinations under certain Department of Veterans Affairs pilot program for use contract physicians for disability examinations \n(a) Prohibition on use of certain health care professionals \nSection 504(a) of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) is amended— (1) by striking The Secretary of Veterans Affairs and inserting the following: (1) In general \nThe Secretary of Veterans Affairs ; and (2) by adding at the end the following new paragraph: (2) Prohibition \nNo examination described in paragraph (1) may be carried out under this section by any health care professional other than one described in subsection (c)(2).. (b) Remedies \nThe Secretary of Veterans Affairs shall take such actions as the Secretary considers appropriate to ensure that only health care professionals described in subsection (c)(2) of section 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) are conducting examinations pursuant to contracts entered into under such section. (c) Annual report \nNot later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, 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— (1) the conduct of the pilot program established under section 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note); and (2) the actions of the Secretary under subsection (b). (d) Technical corrections \nSection 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) is amended, in the section heading, by striking physicians and inserting health care professionals.", "id": "idAAAAA90647B041EBABE38CE03272C14E", "header": "Ensuring only licensed health care professionals furnish medical disability examinations under certain Department of Veterans Affairs pilot program for use contract physicians for disability examinations", "nested": [ { "text": "(a) Prohibition on use of certain health care professionals \nSection 504(a) of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) is amended— (1) by striking The Secretary of Veterans Affairs and inserting the following: (1) In general \nThe Secretary of Veterans Affairs ; and (2) by adding at the end the following new paragraph: (2) Prohibition \nNo examination described in paragraph (1) may be carried out under this section by any health care professional other than one described in subsection (c)(2)..", "id": "id1AB73D014391432F9AC7CBF39D20D4B4", "header": "Prohibition on use of certain health care professionals", "nested": [], "links": [ { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" } ] }, { "text": "(b) Remedies \nThe Secretary of Veterans Affairs shall take such actions as the Secretary considers appropriate to ensure that only health care professionals described in subsection (c)(2) of section 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) are conducting examinations pursuant to contracts entered into under such section.", "id": "id308B3D4F3E4C4DF7B275DE856F135541", "header": "Remedies", "nested": [], "links": [ { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" } ] }, { "text": "(c) Annual report \nNot later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, 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— (1) the conduct of the pilot program established under section 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note); and (2) the actions of the Secretary under subsection (b).", "id": "idB00CCB2AC3694F05A8D73CFB244091B6", "header": "Annual report", "nested": [], "links": [ { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" } ] }, { "text": "(d) Technical corrections \nSection 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) is amended, in the section heading, by striking physicians and inserting health care professionals.", "id": "id4035AFB0DE394BE8BFEAD81345A7A41A", "header": "Technical corrections", "nested": [], "links": [ { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" } ] } ], "links": [ { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" }, { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" }, { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" }, { "text": "Public Law 104–275", "legal-doc": "public-law", "parsable-cite": "pl/104/275" }, { "text": "38 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/38/5101" } ] } ]

[ "Congressional oversight", "Disability and paralysis", "Health personnel", "Medical tests and diagnostic methods", "Veterans' pensions and compensation" ]

[ { "text": "1. Short title \nThis Act may be cited as the Facilitating Investments Required for Emergency Services To All Towns In Our Nation Act or the FIRE STATION Act.", "id": "H5AD513F09D314ED181A3CD499D54D6BD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Assistance to firefighters fire station construction grants \n(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Career fire department \nThe term career fire department means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (3) Combination fire department \nThe term combination fire department means a fire department that has— (A) paid firefighting personnel; and (B) volunteer firefighting personnel. (4) EMS \nThe term EMS means emergency medical services. (5) Nonaffiliated EMS organization \nThe term nonaffiliated EMS organization means a public or private nonprofit EMS organization that is not affiliated with a hospital and does not serve a geographic area in which the Administrator finds that EMS are adequately provided by a fire department. (6) Volunteer fire department \nThe term volunteer fire department means a fire department that has an all-volunteer force of firefighting personnel. (b) Grant program \nThe Administrator shall establish a grant program to provide financial assistance to entities described in subsection (c) to modify, upgrade, and construct fire and EMS department facilities. (c) Eligible applicants \nThe Administrator may make a grant under this section to the following: (1) Career, volunteer, and combination fire departments. (2) Fire training facilities. (3) Nonaffiliated EMS organizations, combination and volunteer emergency medical stations (except that for-profit EMS organizations are not eligible for a grant under this section). (d) Applications \nAn entity described in subsection (c) seeking a grant under this section shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate. (e) Meeting for recommendations \n(1) In general \nThe Administrator shall convene a meeting of qualified members of national fire service organizations and, at the discretion of the Administrator, qualified members of EMS organizations to obtain recommendations regarding the criteria for the awarding of grants under this section. (2) Qualifications \nFor purposes of this subsection, a qualified member of an organization is a member who— (A) is recognized for firefighting or EMS expertise; (B) is not an employee of the Federal Government; and (C) in the case of a member of an EMS organization, is a member of an organization that represents— (i) EMS providers that are affiliated with fire departments; or (ii) nonaffiliated EMS providers. (f) Peer review of grant application \nThe Administrator shall, in consultation with national fire service and EMS organizations, appoint fire service personnel to conduct peer reviews of applications received under subsection (d). (g) Priority of grants \nIn awarding grants under this section, the Administrator shall consider the findings and recommendations of the peer reviews carried out under subsection (f). (h) Uses of funds \n(1) In general \nA recipient of a grant under this section may use funds received for the following: (A) Building, rebuilding, or renovating fire and EMS department facilities. (B) Upgrading existing facilities to install exhaust emission control systems, install backup power systems, upgrade or replace environmental control systems (such as HVAC systems), remove or remediate mold, and construct or modify living quarters for use by male and female personnel. (C) Upgrading fire and EMS stations or building new stations. (2) Code compliant \nIn using funds under paragraph (1), a recipient of a grant under this section shall meet 1 of the 2 most recently published editions of relevant codes and standards, especially codes and standards that— (A) require up-to-date hazard resistant and safety provisions; and (B) are relevant for protecting firefighter health and safety. (i) Grant funding \n(1) In general \nThe Administrator shall allocate grant funds under this section as follows: (A) 25 percent for career fire and EMS departments. (B) 25 percent for combination fire and EMS departments. (C) 25 percent for volunteer fire and EMS departments. (D) 25 percent to remain available for competition between the various department types. (2) Insufficient applications \nIf the Administrator does not receive sufficient funding requests from a particular department type described in subparagraphs (A) through (C) of paragraph (1), the Administrator may make awards to other departments described in such subparagraphs. (3) Limitation on awards amounts \nA recipient of a grant under this section may not receive more than $7,500,000 under this section. (j) Prevailing rate of wage and public contracts \n(1) In general \nAll laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with the assistance of any contribution of Federal funds made by the Administrator under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). (2) Overtime \nEach employee described in paragraph (1) shall receive compensation at a rate not less than one and 1⁄2 times the basic rate of pay of the employee for all hours worked in any workweek in excess of 8 hours in any workday or 40 hours in the workweek, as the case may be. (3) Assurances \nThe Administrator shall make no contribution of Federal funds without first obtaining adequate assurance that the labor standards described in paragraphs (1) and (2) will be maintained upon the construction work. (4) Authority of Secretary of Labor \nThe Secretary of Labor shall have, with respect to the labor standards described in paragraphs (1) and (2), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Public contracts \nContractors and subcontractors performing construction work pursuant to this section shall procure only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States in accordance with the requirements (and exceptions thereto) applicable to Federal agencies under chapter 83 of title 41, United States Code. (k) Applicability \nChapter 10 of title 5, United States Code, shall not apply to activities carried out pursuant to this section. (l) Reporting requirements \n(1) Annual report to administrator of FEMA \nNot later than 1 year after the date of enactment of this Act, and annually thereafter during the term of a grant awarded under this section, the recipient of the grant shall submit to the Administrator a report describing how the recipient used the amounts from the grant. (2) Annual report to Congress \nNot later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which the rebuilding or renovation of fire facilities and stations are completed using grant funds under this section, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives a report that provides an evaluation of the effectiveness of the grants awarded under this section. (m) Authorization of appropriations \nThere is authorized to be appropriated $750,000,000 for fiscal year 2024 to carry out this section. Funds appropriated under this Act shall remain available until expended.", "id": "idB02A39BE178B4817B313E1D1FBF6B6FB", "header": "Assistance to firefighters fire station construction grants", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Career fire department \nThe term career fire department means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (3) Combination fire department \nThe term combination fire department means a fire department that has— (A) paid firefighting personnel; and (B) volunteer firefighting personnel. (4) EMS \nThe term EMS means emergency medical services. (5) Nonaffiliated EMS organization \nThe term nonaffiliated EMS organization means a public or private nonprofit EMS organization that is not affiliated with a hospital and does not serve a geographic area in which the Administrator finds that EMS are adequately provided by a fire department. (6) Volunteer fire department \nThe term volunteer fire department means a fire department that has an all-volunteer force of firefighting personnel.", "id": "H21355C92081C4EB4888163CFE7EF4CBB", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Grant program \nThe Administrator shall establish a grant program to provide financial assistance to entities described in subsection (c) to modify, upgrade, and construct fire and EMS department facilities.", "id": "id1410A02AF5FF4FA8A19387C51169A6BA", "header": "Grant program", "nested": [], "links": [] }, { "text": "(c) Eligible applicants \nThe Administrator may make a grant under this section to the following: (1) Career, volunteer, and combination fire departments. (2) Fire training facilities. (3) Nonaffiliated EMS organizations, combination and volunteer emergency medical stations (except that for-profit EMS organizations are not eligible for a grant under this section).", "id": "idDA95C09C60D44C6CA0BFA1A8AE3FC42D", "header": "Eligible applicants", "nested": [], "links": [] }, { "text": "(d) Applications \nAn entity described in subsection (c) seeking a grant under this section shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate.", "id": "HB69DF6AED8174C57963151F45382A71A", "header": "Applications", "nested": [], "links": [] }, { "text": "(e) Meeting for recommendations \n(1) In general \nThe Administrator shall convene a meeting of qualified members of national fire service organizations and, at the discretion of the Administrator, qualified members of EMS organizations to obtain recommendations regarding the criteria for the awarding of grants under this section. (2) Qualifications \nFor purposes of this subsection, a qualified member of an organization is a member who— (A) is recognized for firefighting or EMS expertise; (B) is not an employee of the Federal Government; and (C) in the case of a member of an EMS organization, is a member of an organization that represents— (i) EMS providers that are affiliated with fire departments; or (ii) nonaffiliated EMS providers.", "id": "H4FCA6CFBA7D64E19AE79BDE165F5390E", "header": "Meeting for recommendations", "nested": [], "links": [] }, { "text": "(f) Peer review of grant application \nThe Administrator shall, in consultation with national fire service and EMS organizations, appoint fire service personnel to conduct peer reviews of applications received under subsection (d).", "id": "HC939D1EB6DA3427485193CFCCCCDEFC4", "header": "Peer review of grant application", "nested": [], "links": [] }, { "text": "(g) Priority of grants \nIn awarding grants under this section, the Administrator shall consider the findings and recommendations of the peer reviews carried out under subsection (f).", "id": "H2ABD3AA213A3414B8AC3EEDED63220DB", "header": "Priority of grants", "nested": [], "links": [] }, { "text": "(h) Uses of funds \n(1) In general \nA recipient of a grant under this section may use funds received for the following: (A) Building, rebuilding, or renovating fire and EMS department facilities. (B) Upgrading existing facilities to install exhaust emission control systems, install backup power systems, upgrade or replace environmental control systems (such as HVAC systems), remove or remediate mold, and construct or modify living quarters for use by male and female personnel. (C) Upgrading fire and EMS stations or building new stations. (2) Code compliant \nIn using funds under paragraph (1), a recipient of a grant under this section shall meet 1 of the 2 most recently published editions of relevant codes and standards, especially codes and standards that— (A) require up-to-date hazard resistant and safety provisions; and (B) are relevant for protecting firefighter health and safety.", "id": "H3E755754FDD0457AA86AB7F7965763D8", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(i) Grant funding \n(1) In general \nThe Administrator shall allocate grant funds under this section as follows: (A) 25 percent for career fire and EMS departments. (B) 25 percent for combination fire and EMS departments. (C) 25 percent for volunteer fire and EMS departments. (D) 25 percent to remain available for competition between the various department types. (2) Insufficient applications \nIf the Administrator does not receive sufficient funding requests from a particular department type described in subparagraphs (A) through (C) of paragraph (1), the Administrator may make awards to other departments described in such subparagraphs. (3) Limitation on awards amounts \nA recipient of a grant under this section may not receive more than $7,500,000 under this section.", "id": "H80D27F404FB44D1A9B98A69B107B2A65", "header": "Grant funding", "nested": [], "links": [] }, { "text": "(j) Prevailing rate of wage and public contracts \n(1) In general \nAll laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with the assistance of any contribution of Federal funds made by the Administrator under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). (2) Overtime \nEach employee described in paragraph (1) shall receive compensation at a rate not less than one and 1⁄2 times the basic rate of pay of the employee for all hours worked in any workweek in excess of 8 hours in any workday or 40 hours in the workweek, as the case may be. (3) Assurances \nThe Administrator shall make no contribution of Federal funds without first obtaining adequate assurance that the labor standards described in paragraphs (1) and (2) will be maintained upon the construction work. (4) Authority of Secretary of Labor \nThe Secretary of Labor shall have, with respect to the labor standards described in paragraphs (1) and (2), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Public contracts \nContractors and subcontractors performing construction work pursuant to this section shall procure only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States in accordance with the requirements (and exceptions thereto) applicable to Federal agencies under chapter 83 of title 41, United States Code.", "id": "H4EDE450532C74154A4E05B3104C48F90", "header": "Prevailing rate of wage and public contracts", "nested": [], "links": [ { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/31" }, { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" } ] }, { "text": "(k) Applicability \nChapter 10 of title 5, United States Code, shall not apply to activities carried out pursuant to this section.", "id": "H5AC90575640241659E800D88F038587E", "header": "Applicability", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(l) Reporting requirements \n(1) Annual report to administrator of FEMA \nNot later than 1 year after the date of enactment of this Act, and annually thereafter during the term of a grant awarded under this section, the recipient of the grant shall submit to the Administrator a report describing how the recipient used the amounts from the grant. (2) Annual report to Congress \nNot later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which the rebuilding or renovation of fire facilities and stations are completed using grant funds under this section, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives a report that provides an evaluation of the effectiveness of the grants awarded under this section.", "id": "HEFB0DE49FF34491C9523454739C45BAE", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "(m) Authorization of appropriations \nThere is authorized to be appropriated $750,000,000 for fiscal year 2024 to carry out this section. Funds appropriated under this Act shall remain available until expended.", "id": "H1339099407B24E928F112CFC3F051DE5", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/31" }, { "text": "chapter 83", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/41/83" }, { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] } ]

[ "Building construction", "Buy American requirements", "Emergency medical services and trauma care", "Government buildings, facilities, and property", "Health facilities and institutions", "Housing industry and standards", "Wages and earnings" ]

[ { "text": "1. Short title \nThis Act may be cited as the Kids Fly Safe Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Study and report on child safety in aviation \n(a) Study \nThe Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ), in consultation with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the Consumer Product Safety Commission, and the Administrator of the Transportation Security Administration, shall conduct a comprehensive study on child safety in aviation. The study shall include, but not be limited to, evaluation of the following issues: (1) The usage and aircraft compatibility of age-appropriate child safety seats and restraints, including the different passenger safety and restraint needs of infants, toddlers, and older children with aircraft passenger seating. (2) The procedures for evacuation of children safely and efficiently from a transport category airplane and the extent to which new or revised age-appropriate requirements are needed. (3) Protection of strollers, child seats, and other child safety equipment while in an aircraft cargo hold. (4) Taking into account other evaluations of airports for compliance with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), evaluation of the extent to which diaper changing stations and areas designated for breastfeeding are accessible in airport terminals. (5) The extent to which airport terminal design requirements include measures relating to ensuring the general physical safety of children in the terminal and while on airport property. (6) The extent to which airport and airline policies protect children from contagious diseases or in-flight respiratory issues. (7) The extent to which the revised training required by section 1950 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44901 note) for Transportation Security Officers related to the screening of passengers with disabilities, including passengers with disabilities who participate in the PreCheck program, and the best practices recommended under subsection (b) of such section, address the proper screening, and any particular sensitivities related to the screening, of passengers who are children with a disability. (b) Report \nNot later than 180 after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation as the Administrator determines appropriate.", "id": "ide2caca1330d04282b4a810676597ee4e", "header": "Study and report on child safety in aviation", "nested": [ { "text": "(a) Study \nThe Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ), in consultation with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the Consumer Product Safety Commission, and the Administrator of the Transportation Security Administration, shall conduct a comprehensive study on child safety in aviation. The study shall include, but not be limited to, evaluation of the following issues: (1) The usage and aircraft compatibility of age-appropriate child safety seats and restraints, including the different passenger safety and restraint needs of infants, toddlers, and older children with aircraft passenger seating. (2) The procedures for evacuation of children safely and efficiently from a transport category airplane and the extent to which new or revised age-appropriate requirements are needed. (3) Protection of strollers, child seats, and other child safety equipment while in an aircraft cargo hold. (4) Taking into account other evaluations of airports for compliance with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), evaluation of the extent to which diaper changing stations and areas designated for breastfeeding are accessible in airport terminals. (5) The extent to which airport terminal design requirements include measures relating to ensuring the general physical safety of children in the terminal and while on airport property. (6) The extent to which airport and airline policies protect children from contagious diseases or in-flight respiratory issues. (7) The extent to which the revised training required by section 1950 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44901 note) for Transportation Security Officers related to the screening of passengers with disabilities, including passengers with disabilities who participate in the PreCheck program, and the best practices recommended under subsection (b) of such section, address the proper screening, and any particular sensitivities related to the screening, of passengers who are children with a disability.", "id": "id4bb6c9464598412389498a710424b8f9", "header": "Study", "nested": [], "links": [ { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "49 U.S.C. 44901", "legal-doc": "usc", "parsable-cite": "usc/49/44901" } ] }, { "text": "(b) Report \nNot later than 180 after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation as the Administrator determines appropriate.", "id": "id6a28b646e6ce4934961e9fa7ddf1dd92", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "49 U.S.C. 44901", "legal-doc": "usc", "parsable-cite": "usc/49/44901" } ] } ]

[ "Aviation and airports", "Child safety and welfare", "Congressional oversight", "Disability and health-based discrimination", "Government studies and investigations", "Transportation safety and security" ]

[ { "text": "1. Short title \nThis Act may be cited as the César E. Chávez and the Farmworker Movement National Historical Park Act.", "id": "id2596b1ee907a4e5892000a6488558b2b", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings and purpose \n(a) Findings \nCongress finds that— (1) on October 8, 2012, the César E. Chávez National Monument was established by Presidential Proclamation 8884 ( 54 U.S.C. 320301 note) for the purposes of protecting and interpreting the nationally significant resources associated with the property in Keene, California, known as Nuestra Señora Reina de la Paz ; (2) Nuestra Señora Reina de la Paz— (A) served as the national headquarters of the United Farm Workers; and (B) was the home and workplace of César E. Chávez, the family of César E. Chávez, union members, and supporters of César E. Chávez; (3) while the César E. Chávez National Monument marks the extraordinary achievements and contributions to the history of the United States by César Chávez and the farmworker movement, there are other significant sites in the States of California and Arizona that are important to the story of the farmworker movement; and (4) in the study conducted by the National Park Service entitled César Chávez Special Resource Study and Environmental Assessment and submitted to Congress on October 24, 2013, the National Park Service— (A) (i) found that several sites associated with César E. Chávez and the farmworker movement— (I) are suitable for inclusion in the National Park System; and (II) depict a distinct and important aspect of the history of the United States not otherwise adequately represented at existing units of the National Park System; and (ii) recommended that Congress establish a national historical park to honor the role that César E. Chávez played in lifting up the lives of farmworkers; and (B) (i) found that the route of the 1966 march from Delano to Sacramento, California, meets National Historic Landmark criteria; (ii) recommended that the potential for designation of the route as a national historic trail be further explored; and (iii) indicated that the National Park Service could work with partner organizations and agencies to provide for interpretation programs along the route of the 1966 march from Delano to Sacramento, California. (b) Purpose \nThe purpose of this Act is to establish the César E. Chávez and the Farmworker Movement National Historical Park— (1) to help preserve, protect, and interpret the nationally significant resources associated with César Chávez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by César Chávez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with César Chávez and the farmworker movement.", "id": "id03206f3ec824412787fc01464fea4231", "header": "Findings and purpose", "nested": [ { "text": "(a) Findings \nCongress finds that— (1) on October 8, 2012, the César E. Chávez National Monument was established by Presidential Proclamation 8884 ( 54 U.S.C. 320301 note) for the purposes of protecting and interpreting the nationally significant resources associated with the property in Keene, California, known as Nuestra Señora Reina de la Paz ; (2) Nuestra Señora Reina de la Paz— (A) served as the national headquarters of the United Farm Workers; and (B) was the home and workplace of César E. Chávez, the family of César E. Chávez, union members, and supporters of César E. Chávez; (3) while the César E. Chávez National Monument marks the extraordinary achievements and contributions to the history of the United States by César Chávez and the farmworker movement, there are other significant sites in the States of California and Arizona that are important to the story of the farmworker movement; and (4) in the study conducted by the National Park Service entitled César Chávez Special Resource Study and Environmental Assessment and submitted to Congress on October 24, 2013, the National Park Service— (A) (i) found that several sites associated with César E. Chávez and the farmworker movement— (I) are suitable for inclusion in the National Park System; and (II) depict a distinct and important aspect of the history of the United States not otherwise adequately represented at existing units of the National Park System; and (ii) recommended that Congress establish a national historical park to honor the role that César E. Chávez played in lifting up the lives of farmworkers; and (B) (i) found that the route of the 1966 march from Delano to Sacramento, California, meets National Historic Landmark criteria; (ii) recommended that the potential for designation of the route as a national historic trail be further explored; and (iii) indicated that the National Park Service could work with partner organizations and agencies to provide for interpretation programs along the route of the 1966 march from Delano to Sacramento, California.", "id": "idd6bea2d81ef0410c8be1bda1564bcff2", "header": "Findings", "nested": [], "links": [ { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" } ] }, { "text": "(b) Purpose \nThe purpose of this Act is to establish the César E. Chávez and the Farmworker Movement National Historical Park— (1) to help preserve, protect, and interpret the nationally significant resources associated with César Chávez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by César Chávez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with César Chávez and the farmworker movement.", "id": "idf95d334b84a94185895a89f8c82c3226", "header": "Purpose", "nested": [], "links": [] } ], "links": [ { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" } ] }, { "text": "2. Purpose \nThe purpose of this Act is to establish the César E. Chávez and the Farmworker Movement National Historical Park— (1) to help preserve, protect, and interpret the nationally significant resources associated with César Chávez and the farmworker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United States made by César Chávez and the farmworker movement; and (3) to support and enhance the network of sites and resources associated with César Chávez and the farmworker movement.", "id": "id020742A5D2C34395BA489A0DD6E08010", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Historical park \nThe term historical park means the César E. Chávez and the Farmworker Movement National Historical Park established by section 4. (2) Map \nThe term map means the map entitled Cesar E. Chávez and the Farmworker Movement National Historical Park Proposed Boundary , numbered 502/179857B, and dated September 2022. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) States \nThe term States means— (A) the State of California; and (B) the State of Arizona. (5) Study \nThe term Study means the study conducted by the National Park Service entitled César Chávez Special Resource Study and Environmental Assessment and submitted to Congress on October 24, 2013.", "id": "id615b452701824215bba61cde2bf3170d", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. César E. Chávez and the Farmworker Movement National Historical Park \n(a) Redesignation of César E. Chávez National Monument \n(1) In general \nThe César E. Chávez National Monument established on October 8, 2012, by Presidential Proclamation 8884 ( 54 U.S.C. 320301 note) is redesignated as the César E. Chávez and the Farmworker Movement National Historical Park. (2) Availability of funds \nAny funds available for the purposes of the monument referred to in paragraph (1) shall be available for the purposes of the historical park. (3) References \nAny reference in a law, regulation, document, record, map, or other paper of the United States to the monument referred to in paragraph (1) shall be considered to be a reference to the César E. Chávez and the Farmworker Movement National Historical Park. (b) Boundary \n(1) In general \nThe boundary of the historical park shall include the area identified as César E. Chávez National Monument in Keene, California, as generally depicted on the map. (2) Inclusion of additional sites \nSubject to paragraph (3), the Secretary may include within the boundary of the historical park the following sites, as generally depicted on the map: (A) The Forty Acres in Delano, California. (B) Santa Rita Center in Phoenix, Arizona. (C) McDonnell Hall in San Jose, California. (3) Conditions for inclusion \nA site described in paragraph (2) shall not be included in the boundary of the historical park until— (A) the date on which the Secretary acquires the land or an interest in the land at the site; or (B) the date on which the Secretary enters into a written agreement with the owner of the site providing that the site shall be managed in accordance with this Act. (4) Notice \nNot later than 30 days after the date on which the Secretary includes a site described in paragraph (2) in the historical park, the Secretary shall publish in the Federal Register notice of the addition to the historical park. (c) Availability of map \nThe map shall be available for public inspection in the appropriate offices of the National Park Service. (d) Land acquisition \nThe Secretary may acquire land and interests in land within the area generally depicted on the map as Proposed NPS Boundary by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (e) Administration \n(1) In general \nThe Secretary shall administer the historical park in accordance with— (A) this section; and (B) the laws generally applicable to units of the National Park System, including— (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (2) Interpretation \nThe Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of César E. Chávez and the history of the farmworker movement. (3) Cooperative agreements \nThe Secretary may enter into cooperative agreements with the States, local governments, public and private organizations, and individuals to provide for the preservation, development, interpretation, and use of the historical park. (f) General management plan \n(1) In general \nNot later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (2) Additional sites \n(A) In general \nThe general management plan prepared under paragraph (1) shall include a determination of whether there are— (i) sites located in the Coachella Valley in the State of California that were reviewed in the Study that should be added to the historical park; (ii) additional representative sites in the States that were reviewed in the Study that should be added to the historical park; or (iii) sites outside of the States in the United States that relate to the farmworker movement that should be linked to, and interpreted at, the historical park. (B) Recommendation \nOn completion of the preparation of the general management plan under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives any recommendations for additional sites to be included in the historical park. (3) Consultation \nThe general management plan under paragraph (1) shall be prepared in consultation with— (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal, State, and Tribal agencies, public and private organizations, and individuals, including— (i) the National Chávez Center; and (ii) the César Chávez Foundation.", "id": "idb3ad69e331114efdbfbf0c0c8ca8b130", "header": "César E. Chávez and the Farmworker Movement National Historical Park", "nested": [ { "text": "(a) Redesignation of César E. Chávez National Monument \n(1) In general \nThe César E. Chávez National Monument established on October 8, 2012, by Presidential Proclamation 8884 ( 54 U.S.C. 320301 note) is redesignated as the César E. Chávez and the Farmworker Movement National Historical Park. (2) Availability of funds \nAny funds available for the purposes of the monument referred to in paragraph (1) shall be available for the purposes of the historical park. (3) References \nAny reference in a law, regulation, document, record, map, or other paper of the United States to the monument referred to in paragraph (1) shall be considered to be a reference to the César E. Chávez and the Farmworker Movement National Historical Park.", "id": "id8f429bc831b24fffbcc10d3e08f9c684", "header": "Redesignation of César E. Chávez National Monument", "nested": [], "links": [ { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" } ] }, { "text": "(b) Boundary \n(1) In general \nThe boundary of the historical park shall include the area identified as César E. Chávez National Monument in Keene, California, as generally depicted on the map. (2) Inclusion of additional sites \nSubject to paragraph (3), the Secretary may include within the boundary of the historical park the following sites, as generally depicted on the map: (A) The Forty Acres in Delano, California. (B) Santa Rita Center in Phoenix, Arizona. (C) McDonnell Hall in San Jose, California. (3) Conditions for inclusion \nA site described in paragraph (2) shall not be included in the boundary of the historical park until— (A) the date on which the Secretary acquires the land or an interest in the land at the site; or (B) the date on which the Secretary enters into a written agreement with the owner of the site providing that the site shall be managed in accordance with this Act. (4) Notice \nNot later than 30 days after the date on which the Secretary includes a site described in paragraph (2) in the historical park, the Secretary shall publish in the Federal Register notice of the addition to the historical park.", "id": "id1f6e948784ce4448bf35c5c10895f726", "header": "Boundary", "nested": [], "links": [] }, { "text": "(c) Availability of map \nThe map shall be available for public inspection in the appropriate offices of the National Park Service.", "id": "id13bbdc3865e94a82b24ccd6b3eb31934", "header": "Availability of map", "nested": [], "links": [] }, { "text": "(d) Land acquisition \nThe Secretary may acquire land and interests in land within the area generally depicted on the map as Proposed NPS Boundary by donation, purchase from a willing seller with donated or appropriated funds, or exchange.", "id": "id867ad04787814f368469c0144d15b979", "header": "Land acquisition", "nested": [], "links": [] }, { "text": "(e) Administration \n(1) In general \nThe Secretary shall administer the historical park in accordance with— (A) this section; and (B) the laws generally applicable to units of the National Park System, including— (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (2) Interpretation \nThe Secretary may provide technical assistance and public interpretation of historic sites, museums, and resources on land not administered by the Secretary relating to the life of César E. Chávez and the history of the farmworker movement. (3) Cooperative agreements \nThe Secretary may enter into cooperative agreements with the States, local governments, public and private organizations, and individuals to provide for the preservation, development, interpretation, and use of the historical park.", "id": "idf97b3835fa9747f2978e1db09e5d13af", "header": "Administration", "nested": [], "links": [ { "text": "chapter 3201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/3201" } ] }, { "text": "(f) General management plan \n(1) In general \nNot later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (2) Additional sites \n(A) In general \nThe general management plan prepared under paragraph (1) shall include a determination of whether there are— (i) sites located in the Coachella Valley in the State of California that were reviewed in the Study that should be added to the historical park; (ii) additional representative sites in the States that were reviewed in the Study that should be added to the historical park; or (iii) sites outside of the States in the United States that relate to the farmworker movement that should be linked to, and interpreted at, the historical park. (B) Recommendation \nOn completion of the preparation of the general management plan under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives any recommendations for additional sites to be included in the historical park. (3) Consultation \nThe general management plan under paragraph (1) shall be prepared in consultation with— (A) any owner of land that is included within the boundaries of the historical park; and (B) appropriate Federal, State, and Tribal agencies, public and private organizations, and individuals, including— (i) the National Chávez Center; and (ii) the César Chávez Foundation.", "id": "idb0576ce5dbde45dd915d5df1df470941", "header": "General management plan", "nested": [], "links": [] } ], "links": [ { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" }, { "text": "chapter 3201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/3201" } ] }, { "text": "5. Farmworker Peregrinación National Historical Trail study \nSection 5(c) of the National Trails System Act ( 16 U.S.C. 1244(c) ) is amended by adding at the end the following: (50) Farmworker Peregrinación National Historic Trail \nThe Farmworker Peregrinación National Historic Trail, a route of approximately 300 miles taken by farmworkers between Delano and Sacramento, California, in 1966, as generally depicted as Alternative C in the study conducted by the National Park Service entitled César Chávez Special Resource Study and Environmental Assessment and submitted to Congress on October 24, 2013..", "id": "idd66583dad23a412babe7e7c845e8d54a", "header": "Farmworker Peregrinación National Historical Trail study", "nested": [], "links": [ { "text": "16 U.S.C. 1244(c)", "legal-doc": "usc", "parsable-cite": "usc/16/1244" } ] } ]

[ "Arizona", "California", "Migrant, seasonal, agricultural labor", "Monuments and memorials", "Parks, recreation areas, trails" ]

[ { "text": "1. Short title \nThis Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Hazardous weather and water events \nThe term hazardous weather and water events means weather and water events that have a high risk of loss of life or property, including— (A) severe storms, such as hurricanes and short-fused, small-scale hazardous weather or hydrologic events produced by thunderstorms, including large hail, damaging winds, tornadoes, and flash floods; (B) winter storms, such as freezing or frozen precipitation (including freezing rain, sleet, and snow), or combined effects of freezing or frozen precipitation and strong winds; and (C) other weather hazards, such as extreme heat or cold, wildfire, drought, dense fog, high winds, river flooding and lakeshore flooding. (2) Historically Black college or university \nThe term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (3) 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) ). (4) National laboratory \nThe term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (5) Tribal government \nThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (6) Under Secretary \nThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere.", "id": "idBA51D79282784CFBA05CAEAFD827E9B9", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" }, { "text": "25 U.S.C. 5131", "legal-doc": "usc", "parsable-cite": "usc/25/5131" } ] }, { "text": "3. Hazardous weather and water event risk communication \n(a) In general \nThe Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification \n(1) In general \nThe Under Secretary shall maintain a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology \nThe Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement \nThe Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations \nThe Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan \nThe Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods \nIn carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science, taking into account the importance of methods that support reproduction and replication of scientific studies, use of rigorous statistical analyses, and, as applicable, data analysis supported by artificial intelligence and machine learning technologies; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination \nIn implementing this Act, the Office shall coordinate with— (A) Federal partners, including National Laboratories, Cooperative Institutes, and regional integrated sciences and assessments programs; (B) State and local government partners; (C) Tribal governments; (D) institutions of higher education; and (E) media partners. (8) Timeliness and consistency \nThe Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement \n(1) In general \nThe Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective actions and responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination \nIn carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribal governments, localities, and emergency managers on research priorities and results. (3) Pilot program for tornado hazard communication required \n(A) In general \nTo further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program for tornado hazard communication to test the effectiveness of implementing the research conducted under this subsection with respect to tornadoes. (B) Eligible institution defined \nIn this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service. (d) Data management \nThe Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking \nThe Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks.", "id": "id948d911d33df45bfb725d8d011d45ff1", "header": "Hazardous weather and water event risk communication", "nested": [ { "text": "(a) In general \nThe Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property.", "id": "id0ff0741e933d4dd18854895619de1112", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Hazard risk communication improvement and simplification \n(1) In general \nThe Under Secretary shall maintain a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology \nThe Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement \nThe Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations \nThe Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications result in action and response. (5) Support plan \nThe Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods \nIn carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science, taking into account the importance of methods that support reproduction and replication of scientific studies, use of rigorous statistical analyses, and, as applicable, data analysis supported by artificial intelligence and machine learning technologies; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination \nIn implementing this Act, the Office shall coordinate with— (A) Federal partners, including National Laboratories, Cooperative Institutes, and regional integrated sciences and assessments programs; (B) State and local government partners; (C) Tribal governments; (D) institutions of higher education; and (E) media partners. (8) Timeliness and consistency \nThe Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information.", "id": "id223132558e42405281b68dae4662aab8", "header": "Hazard risk communication improvement and simplification", "nested": [], "links": [] }, { "text": "(c) Hazard communication research and engagement \n(1) In general \nThe Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information to inform effective actions and responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination \nIn carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Tribal governments, localities, and emergency managers on research priorities and results. (3) Pilot program for tornado hazard communication required \n(A) In general \nTo further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program for tornado hazard communication to test the effectiveness of implementing the research conducted under this subsection with respect to tornadoes. (B) Eligible institution defined \nIn this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a National Weather Service Weather Forecast Office of the National Weather Service.", "id": "id372c5bb5fd7e4fa88761cf36c162f8aa", "header": "Hazard communication research and engagement", "nested": [], "links": [] }, { "text": "(d) Data management \nThe Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b).", "id": "id70e9fac987e744adaaa9db37578b0a91", "header": "Data management", "nested": [], "links": [] }, { "text": "(e) Digital watermarking \nThe Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks.", "id": "idce9d0fcfeb20425485d78bcd5ff21eea", "header": "Digital watermarking", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Warn-on-forecast strategic plan \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for hazardous weather and water events using a next-generation weather forecast and warning framework. (b) Plan elements \nThe strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response.", "id": "idef9211cad3874d54add9860ef5626d6b", "header": "Warn-on-forecast strategic plan", "nested": [ { "text": "(a) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for hazardous weather and water events using a next-generation weather forecast and warning framework.", "id": "idbdfe5b3c2ed643339e5935e8619790c1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Plan elements \nThe strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response.", "id": "id88f37e3cf86046589157f780ac897266", "header": "Plan elements", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Tornado rating system \n(a) In general \nThe Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required \nIf the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system.", "id": "id685cc7d4fca34a6f9bd9caaf1676c95e", "header": "Tornado rating system", "nested": [ { "text": "(a) In general \nThe Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes.", "id": "id02d168a3e9444f76850d7a90e82f0d5b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Update required \nIf the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system.", "id": "idbc1680cd80714806a8d50d90615cd48a", "header": "Update required", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Post-storm surveys and assessments \n(a) In general \nThe Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination \nThe Under Secretary shall coordinate with Federal, State, and local governments, Tribal governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability \nThe Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement \nThe Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) identify gaps in and update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including— (A) surveying individual responses; (B) conducting review of the accuracy of prior risk evaluations; (C) evaluating the efficacy of prior mitigation activity; and (D) gathering survivability statistics. (e) Support for employees \nThe Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a).", "id": "id0830837227ff4caa877ea9163c818b78", "header": "Post-storm surveys and assessments", "nested": [ { "text": "(a) In general \nThe Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment.", "id": "id7ed7f0400d374293aec945c09eddbc45", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nThe Under Secretary shall coordinate with Federal, State, and local governments, Tribal governments, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration.", "id": "id6c6e0d1a4c2d4f92acfbcb8b7e1da866", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Data availability \nThe Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment.", "id": "id3fd65a3614ed451f97c4c97cc5ab2092", "header": "Data availability", "nested": [], "links": [] }, { "text": "(d) Improvement \nThe Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) identify gaps in and update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including— (A) surveying individual responses; (B) conducting review of the accuracy of prior risk evaluations; (C) evaluating the efficacy of prior mitigation activity; and (D) gathering survivability statistics.", "id": "id76fa147cea864f37883351112207ea17", "header": "Improvement", "nested": [], "links": [] }, { "text": "(e) Support for employees \nThe Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a).", "id": "id4e8975b75fe54b42a3cb0382bdb8a025", "header": "Support for employees", "nested": [], "links": [] } ], "links": [] }, { "text": "7. VORTEX-USA program \n(a) In general \nSection 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; (4) by inserting after subsection (c) the following: (d) Warnings \nThe program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornadoes; and (2) incorporate, as appropriate, hazard communication research. (e) Research \n(1) In general \nThe Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions \n(A) In general \nIn awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to minority-serving institutions. (B) Definition of minority-serving institution \nIn this paragraph, the term minority-serving institution means— (i) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (ii) a Hispanic-serving institution (as defined in section 502(a) of that Act ( 20 U.S.C. 1101a(a) )); (iii) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (iv) an Alaska Native-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (v) a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (vi) a Predominantly Black Institution (as defined in section 318(b) of that Act ( 20 U.S.C. 1059e(b) )); (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of that Act ( 20 U.S.C. 1059g(b) )); or (viii) a Native American-serving, nontribal institution (as defined in section 319(b) of that Act ( 20 U.S.C. 1059f(b) )). ; and (5) by adding at the end the following: (h) Authorization of appropriations \nThere is authorized to be appropriated to the Under Secretary to carry out this section $11,000,000 for each of fiscal years 2023 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment \nThe table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program..", "id": "idADEFBB26EBB641C78AFEA7538631651C", "header": "VORTEX-USA program", "nested": [ { "text": "(a) In general \nSection 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; (4) by inserting after subsection (c) the following: (d) Warnings \nThe program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornadoes; and (2) incorporate, as appropriate, hazard communication research. (e) Research \n(1) In general \nThe Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions \n(A) In general \nIn awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to minority-serving institutions. (B) Definition of minority-serving institution \nIn this paragraph, the term minority-serving institution means— (i) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (ii) a Hispanic-serving institution (as defined in section 502(a) of that Act ( 20 U.S.C. 1101a(a) )); (iii) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (iv) an Alaska Native-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (v) a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (vi) a Predominantly Black Institution (as defined in section 318(b) of that Act ( 20 U.S.C. 1059e(b) )); (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of that Act ( 20 U.S.C. 1059g(b) )); or (viii) a Native American-serving, nontribal institution (as defined in section 319(b) of that Act ( 20 U.S.C. 1059f(b) )). ; and (5) by adding at the end the following: (h) Authorization of appropriations \nThere is authorized to be appropriated to the Under Secretary to carry out this section $11,000,000 for each of fiscal years 2023 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e)..", "id": "id11EC872EEAAD4BC89756B72556D1C78A", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 8513", "legal-doc": "usc", "parsable-cite": "usc/15/8513" }, { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1101a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1101a" }, { "text": "20 U.S.C. 1059c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059e(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059e" }, { "text": "20 U.S.C. 1059g(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059g" }, { "text": "20 U.S.C. 1059f(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059f" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program..", "id": "id8254A2740C344173A9C9E4372308C869", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 115–25", "legal-doc": "public-law", "parsable-cite": "pl/115/25" } ] } ], "links": [ { "text": "15 U.S.C. 8513", "legal-doc": "usc", "parsable-cite": "usc/15/8513" }, { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1101a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1101a" }, { "text": "20 U.S.C. 1059c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059e(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059e" }, { "text": "20 U.S.C. 1059g(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059g" }, { "text": "20 U.S.C. 1059f(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059f" }, { "text": "Public Law 115–25", "legal-doc": "public-law", "parsable-cite": "pl/115/25" } ] }, { "text": "8. Reports \n(a) Weather Research and Forecasting Innovation Act of 2017 \n(1) In general \nSection 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment \nSection 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992 \nSection 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ).", "id": "id158C477306DD47CB827AD4690B5FA3EB", "header": "Reports", "nested": [ { "text": "(a) Weather Research and Forecasting Innovation Act of 2017 \n(1) In general \nSection 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment \nSection 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of.", "id": "id6C40D515096C4F8AB4B69258CADB3402", "header": "Weather Research and Forecasting Innovation Act of 2017", "nested": [], "links": [ { "text": "15 U.S.C. 8543", "legal-doc": "usc", "parsable-cite": "usc/15/8543" }, { "text": "15 U.S.C. 8543(a)", "legal-doc": "usc", "parsable-cite": "usc/15/8543" } ] }, { "text": "(b) National Oceanic and Atmospheric Administration Authorization Act of 1992 \nSection 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ).", "id": "id54F16C2AFB3A464394936BC1C1343F07", "header": "National Oceanic and Atmospheric Administration Authorization Act of 1992", "nested": [], "links": [ { "text": "Public Law 102–567", "legal-doc": "public-law", "parsable-cite": "pl/102/567" }, { "text": "15 U.S.C. 1537", "legal-doc": "usc", "parsable-cite": "usc/15/1537" } ] } ], "links": [ { "text": "15 U.S.C. 8543", "legal-doc": "usc", "parsable-cite": "usc/15/8543" }, { "text": "15 U.S.C. 8543(a)", "legal-doc": "usc", "parsable-cite": "usc/15/8543" }, { "text": "Public Law 102–567", "legal-doc": "public-law", "parsable-cite": "pl/102/567" }, { "text": "15 U.S.C. 1537", "legal-doc": "usc", "parsable-cite": "usc/15/1537" } ] }, { "text": "9. Government Accountability Office report on hazardous weather and water alert dissemination \n(a) In general \nNot later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water event alerts and updates. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather and water event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure.", "id": "id90e5dbab974d498eb11701ef338196f2", "header": "Government Accountability Office report on hazardous weather and water alert dissemination", "nested": [ { "text": "(a) In general \nNot later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water event alerts and updates.", "id": "id7772A32B4DFC44378A095576CFF20769", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather and water event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure.", "id": "idF4B039E2784F49E49E2140EFA30E4B92", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Short title \nThis Act may be cited as the Tornado Observations Research and Notification Assessment for Development of Operations Act or the TORNADO Act.", "id": "id10f5d5fd-1d89-4d9d-8196-cb2022d3a42b", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Hazardous weather and water events \nThe term hazardous weather and water events means weather and water events that have a high risk of loss of life or property, including— (A) severe storms, such as hurricanes and short-fused, small-scale hazardous weather or hydrologic events produced by thunderstorms, including large hail, damaging winds, tornadoes, and flash floods; (B) winter storms, such as freezing or frozen precipitation (including freezing rain, sleet, and snow), or combined effects of freezing or frozen precipitation and strong winds; and (C) other weather hazards, such as extreme heat or cold, wildfire, drought, dense fog, high winds, river flooding, and lakeshore flooding. (2) Historically Black college or university \nThe term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (3) Indian Tribe \nThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) 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) ). (5) National laboratory \nThe term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Under Secretary \nThe term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere.", "id": "id0ca21d1f-3acf-4be3-87b5-d759b03c6234", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" } ] }, { "text": "3. Hazardous weather and water event risk communication \n(a) In general \nThe Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property. (b) Hazard risk communication improvement and simplification \n(1) In general \nThe Under Secretary shall maintain a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology \nThe Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement \nThe Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations \nThe Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications inform action and encourage response. (5) Support plan \nThe Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods \nIn carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science, taking into account the importance of methods that support reproduction and replication of scientific studies, use of rigorous statistical analyses, and, as applicable, data analysis supported by artificial intelligence and machine learning technologies; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination \nIn implementing this Act, the Office shall coordinate with— (A) Federal partners, including National Laboratories, Cooperative Institutes, and regional integrated sciences and assessments programs; (B) State and local government partners; (C) Indian Tribes; (D) institutions of higher education; and (E) media partners. (8) Timeliness and consistency \nThe Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information. (c) Hazard communication research and engagement \n(1) In general \nThe Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information, with the goal of informing effective actions and encouraging responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination \nIn carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Indian Tribes, localities, and emergency managers on research priorities and results. (3) Pilot program for tornado hazard communication required \n(A) In general \nTo further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program for tornado hazard communication to test the effectiveness of implementing the research conducted under this subsection with respect to tornadoes. (B) Eligible institution defined \nIn this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a Weather Forecast Office of the National Weather Service. (d) Data management \nThe Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b). (e) Digital watermarking \nThe Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks.", "id": "id5432d8ca-12ad-4cc5-8e8b-dd706f2a3213", "header": "Hazardous weather and water event risk communication", "nested": [ { "text": "(a) In general \nThe Under Secretary shall maintain and improve the system of the National Oceanic and Atmospheric Administration by which the risks of hazardous weather and water events are communicated to the general public, with the goal of informing action and encouraging response to prevent loss of life and property.", "id": "id7c970183-26b0-46f3-82fd-c7a907f878d2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Hazard risk communication improvement and simplification \n(1) In general \nThe Under Secretary shall maintain a hazard risk communication office (in this subsection referred to as the Office ), for the purposes of simplifying and improving the communication of hazardous weather and water event risks. (2) Terminology \nThe Office shall identify, eliminate, or modify unnecessary, redundant, or confusing terms for hazardous weather and water event communications and add new terminology, as appropriate. (3) Communications improvement \nThe Office shall improve the form, content, and methods of hazardous weather and water event communications to more clearly inform action and increase the likelihood that the public takes such action to prevent the loss of life or property. (4) Evaluations \nThe Office shall, in coordination with the performance branch of the National Weather Service, develop metrics for that branch to track and evaluate the degree to which hazardous weather and water event communications inform action and encourage response. (5) Support plan \nThe Office shall develop a plan for the purpose of supporting the activities described in paragraph (3). The plan shall be periodically updated and informed by internal and extramural research and the results of the evaluation of hazardous weather and water event communications conducted under paragraph (4). (6) Methods \nIn carrying out this subsection, the Office shall develop and implement recommendations that— (A) are based on the best and most recent understanding from social, behavioral, risk, and communication science research; (B) are validated by social, behavioral, risk, and communication science, taking into account the importance of methods that support reproduction and replication of scientific studies, use of rigorous statistical analyses, and, as applicable, data analysis supported by artificial intelligence and machine learning technologies; (C) account for the needs of various demographics, vulnerable populations, and geographic regions; (D) account for the differences between various types of weather and water hazards; (E) respond to the needs of Federal, State, and local government partners and media partners; and (F) account for necessary changes in the infrastructure, technology, and protocols for creating and disseminating federally operated watches and warnings. (7) Coordination \nIn implementing this Act, the Office shall coordinate with— (A) Federal partners, including National Laboratories, Cooperative Institutes, and regional integrated sciences and assessments programs; (B) State and local government partners; (C) Indian Tribes; (D) institutions of higher education; and (E) media partners. (8) Timeliness and consistency \nThe Office shall develop best practices and guidance for ensuring timely and consistent communication across public facing platforms that disseminate hazardous weather and water event information.", "id": "ida3fa2efd-35c3-4168-aa07-4cfe97f69609", "header": "Hazard risk communication improvement and simplification", "nested": [], "links": [] }, { "text": "(c) Hazard communication research and engagement \n(1) In general \nThe Under Secretary shall establish or maintain a research program— (A) to modernize the creation and communication of risk-based, statistically reliable, probabilistic hazard information, with the goal of informing effective actions and encouraging responses to hazardous weather and water events; and (B) to improve the fundamental social, behavioral, risk, and communication science regarding hazardous weather and water event communication. (2) Coordination \nIn carrying out the research program required by paragraph (1), the Under Secretary shall coordinate and communicate with States, Indian Tribes, localities, and emergency managers on research priorities and results. (3) Pilot program for tornado hazard communication required \n(A) In general \nTo further research into hazard communication, the Under Secretary, in collaboration with one or more eligible institutions, shall establish a pilot program for tornado hazard communication to test the effectiveness of implementing the research conducted under this subsection with respect to tornadoes. (B) Eligible institution defined \nIn this paragraph, the term eligible institution means any of the following: (i) A historically Black college or university located in an area of persistent poverty that is subjected to frequent severe weather, such as tornadoes, hurricanes, and floods. (ii) An institution of higher education in close proximity to a Weather Forecast Office of the National Weather Service.", "id": "idf56b8984-c0d8-40ff-8108-37b3ddc72ac4", "header": "Hazard communication research and engagement", "nested": [], "links": [] }, { "text": "(d) Data management \nThe Under Secretary shall establish, maintain, and improve a central repository system for the National Oceanic and Atmospheric Administration for social, behavioral, risk, and economic data related to the communication of hazardous weather and water events, including data developed or received pursuant to paragraphs (3), (4), and (5) of subsection (b).", "id": "id1c8a2aaa-c155-4b1c-9734-dc91a60dd4fb", "header": "Data management", "nested": [], "links": [] }, { "text": "(e) Digital watermarking \nThe Under Secretary shall develop methods to reduce the likelihood of unauthorized tampering with online hazardous weather and water event risk communication, such as developing digital watermarks.", "id": "iddceb8130-a1c4-4269-bf5f-a8bdca8bb1bd", "header": "Digital watermarking", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Warn-on-forecast strategic plan \n(a) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for hazardous weather and water events using a next-generation weather forecast and warning framework. (b) Plan elements \nThe strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response.", "id": "id9ac58ce0-c4d0-4b24-bf50-1a2e41781845", "header": "Warn-on-forecast strategic plan", "nested": [ { "text": "(a) In general \nNot later than one year after the date of the enactment of this Act, the Under Secretary shall prepare and submit to Congress a strategic plan for developing and prioritizing the implementation of high-resolution probabilistic forecast guidance for hazardous weather and water events using a next-generation weather forecast and warning framework.", "id": "ide8dc79a1-6394-478d-aa12-33bde59eb25a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Plan elements \nThe strategic plan required by subsection (a) shall include the following: (1) A discussion of— (A) the priorities and needs of vulnerable populations and National Weather Service partners; and (B) high-performance computing, visualization, and dissemination needs. (2) A timeline and guidance for implementation of— (A) high-resolution numerical weather prediction models; (B) methods for meeting the high-performance computing, visualization, and dissemination needs discussed under paragraph (1)(B); (C) real-time high-resolution probabilistic forecasts; (D) improved observations, including through radars, satellites, and uncrewed aerial systems; (E) a flexible framework to communicate clear and simple hazardous weather and water event information to the public; and (F) social, behavioral, risk, and communication research to improve the forecaster operational environment and societal information reception and response.", "id": "id2619e738-ad74-4153-8b56-f5bb8d005e43", "header": "Plan elements", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Tornado rating system \n(a) In general \nThe Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes. (b) Update required \nIf the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system.", "id": "id51431688-ec73-4502-a0c7-dfadcdd2a5f4", "header": "Tornado rating system", "nested": [ { "text": "(a) In general \nThe Under Secretary shall, in collaboration with such stakeholders as the Under Secretary considers appropriate— (1) evaluate the system used as of the date of the enactment of this Act to rate the severity of tornadoes; and (2) determine whether updates to that system are required to ensure that the ratings accurately reflect the severity of tornadoes.", "id": "id2cb0c649-97ae-4270-a5af-3b7c088e533e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Update required \nIf the Under Secretary determines under subsection (a) that updates to the tornado rating system are necessary, the Under Secretary shall update the system.", "id": "id83ced2a6-588e-46fb-b09c-eea0d45c2bd1", "header": "Update required", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Post-storm surveys and assessments \n(a) In general \nThe Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment. (b) Coordination \nThe Under Secretary shall coordinate with Federal, State, and local governments, Indian Tribes, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration. (c) Data availability \nThe Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment. (d) Improvement \nThe Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) identify gaps in and update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including— (A) surveying individual responses; (B) conducting review of the accuracy of prior risk evaluations; (C) evaluating the efficacy of prior mitigation activity; and (D) gathering survivability statistics. (e) Support for employees \nThe Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a).", "id": "id8c724b9f-ea4c-46cc-ada6-910fa8086a14", "header": "Post-storm surveys and assessments", "nested": [ { "text": "(a) In general \nThe Under Secretary shall perform one or more post-storm surveys and assessments following each hazardous weather or water event determined by the Under Secretary to be of sufficient societal importance to warrant a post-event survey and assessment.", "id": "id8e533b2e-f257-400d-8412-86c10039c7e2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nThe Under Secretary shall coordinate with Federal, State, and local governments, Indian Tribes, private entities, and relevant institutions of higher education when conducting post-storm surveys and assessments under subsection (a) in order to optimize data collection, sharing, and integration.", "id": "ida9fdb850-f922-448f-9f11-4ad0d94c8040", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Data availability \nThe Under Secretary shall make the data obtained from each post-storm survey and assessment conducted under subsection (a) available to the public as soon as practicable after conducting the survey and assessment.", "id": "id8de22322-de80-4776-889a-0a93770e43c7", "header": "Data availability", "nested": [], "links": [] }, { "text": "(d) Improvement \nThe Under Secretary shall— (1) investigate the role of uncrewed aerial systems in data collection during post-storm surveys and assessments conducted under subsection (a); (2) identify gaps in and update tactics and procedures to enhance the efficiency and reliability of data obtained from post-storm surveys and assessments; and (3) increase the number of post-storm community impact studies, including— (A) surveying individual responses; (B) conducting review of the accuracy of prior risk evaluations; (C) evaluating the efficacy of prior mitigation activity; and (D) gathering survivability statistics.", "id": "id69de39eb-4d0a-4836-8268-34c46410ca2f", "header": "Improvement", "nested": [], "links": [] }, { "text": "(e) Support for employees \nThe Under Secretary shall provide training, resources, and access to professional counseling to support the emotional and mental health and well-being of employees conducting post-storm surveys and assessments under subsection (a).", "id": "idbfacecda-de00-46b5-a4cb-8d7ba6499cec", "header": "Support for employees", "nested": [], "links": [] } ], "links": [] }, { "text": "7. VORTEX-USA program \n(a) In general \nSection 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; (4) by inserting after subsection (c) the following: (d) Warnings \nThe program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornadoes; and (2) incorporate, as appropriate, hazard communication research. (e) Research \n(1) In general \nThe Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions \n(A) In general \nIn awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to minority-serving institutions. (B) Definition of minority-serving institution \nIn this paragraph, the term minority-serving institution means— (i) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (ii) a Hispanic-serving institution (as defined in section 502(a) of that Act ( 20 U.S.C. 1101a(a) )); (iii) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (iv) an Alaska Native-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (v) a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (vi) a Predominantly Black Institution (as defined in section 318(b) of that Act ( 20 U.S.C. 1059e(b) )); (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of that Act ( 20 U.S.C. 1059g(b) )); or (viii) a Native American-serving, nontribal institution (as defined in section 319(b) of that Act ( 20 U.S.C. 1059f(b) )). ; and (5) by adding at the end the following: (h) Authorization of appropriations \nThere is authorized to be appropriated to the Under Secretary to carry out this section $11,000,000 for each of fiscal years 2023 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e).. (b) Clerical amendment \nThe table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program..", "id": "id17b22ee4-4b39-45f0-8f6b-f8a2361cf5b8", "header": "VORTEX-USA program", "nested": [ { "text": "(a) In general \nSection 103 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8513 ) is amended— (1) in the section heading, by striking Tornado warning improvement and extension and inserting VORTEX-USA ; (2) in subsection (a), by striking establish a tornado warning improvement and extension program and inserting maintain a program for rapidly improving tornado forecast and warnings ; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; (4) by inserting after subsection (c) the following: (d) Warnings \nThe program required by subsection (a) shall— (1) continue the research necessary to develop and deploy probabilistic weather forecast guidance technology for tornadoes; and (2) incorporate, as appropriate, hazard communication research. (e) Research \n(1) In general \nThe Under Secretary shall, through the program required by subsection (a), award grants for research that focuses on improving— (A) the social, behavioral, risk, communication, and economic sciences related to vulnerabilities, risk communication, and delivery of information critical for saving lives and property related to tornadoes; and (B) the physical sciences, engineering, and technology related to tornado formation, the interactions of tornadoes with the built and natural environment, and the interaction of tornadoes and hurricanes. (2) Priority institutions \n(A) In general \nIn awarding grants under paragraph (1), the Under Secretary shall prioritize awarding grants to minority-serving institutions. (B) Definition of minority-serving institution \nIn this paragraph, the term minority-serving institution means— (i) a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (ii) a Hispanic-serving institution (as defined in section 502(a) of that Act ( 20 U.S.C. 1101a(a) )); (iii) a Tribal College or University (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )); (iv) an Alaska Native-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (v) a Native Hawaiian-serving institution (as defined in section 317(b) of that Act ( 20 U.S.C. 1059d(b) )); (vi) a Predominantly Black Institution (as defined in section 318(b) of that Act ( 20 U.S.C. 1059e(b) )); (vii) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of that Act ( 20 U.S.C. 1059g(b) )); or (viii) a Native American-serving, nontribal institution (as defined in section 319(b) of that Act ( 20 U.S.C. 1059f(b) )). ; and (5) by adding at the end the following: (h) Authorization of appropriations \nThere is authorized to be appropriated to the Under Secretary to carry out this section $11,000,000 for each of fiscal years 2023 through 2030, of which not less than $2,000,000 each fiscal year shall be used for grants awarded under subsection (e)..", "id": "id417e7855-2ac9-492a-9590-1c3a064cd9ac", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 8513", "legal-doc": "usc", "parsable-cite": "usc/15/8513" }, { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1101a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1101a" }, { "text": "20 U.S.C. 1059c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059e(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059e" }, { "text": "20 U.S.C. 1059g(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059g" }, { "text": "20 U.S.C. 1059f(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059f" } ] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ; 131 Stat. 91) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. VORTEX-USA program..", "id": "id3d8eb3ee-364c-47ce-aab9-15bc706ef2ee", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 115–25", "legal-doc": "public-law", "parsable-cite": "pl/115/25" } ] } ], "links": [ { "text": "15 U.S.C. 8513", "legal-doc": "usc", "parsable-cite": "usc/15/8513" }, { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "20 U.S.C. 1101a(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1101a" }, { "text": "20 U.S.C. 1059c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059d(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059d" }, { "text": "20 U.S.C. 1059e(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059e" }, { "text": "20 U.S.C. 1059g(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059g" }, { "text": "20 U.S.C. 1059f(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059f" }, { "text": "Public Law 115–25", "legal-doc": "public-law", "parsable-cite": "pl/115/25" } ] }, { "text": "8. Reports \n(a) Weather Research and Forecasting Innovation Act of 2017 \n(1) In general \nSection 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment \nSection 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of. (b) National Oceanic and Atmospheric Administration Authorization Act of 1992 \nSection 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ).", "id": "id20fd9b5b-e110-4b89-afbe-70dbaa543bb6", "header": "Reports", "nested": [ { "text": "(a) Weather Research and Forecasting Innovation Act of 2017 \n(1) In general \nSection 403 of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8543 ) is amended by striking subsection (d). (2) Technical amendment \nSection 403(a) of such Act ( 15 U.S.C. 8543(a) ) is amended by inserting the after Director of.", "id": "idd63ad746-b998-4689-be4d-28e36f5e1bea", "header": "Weather Research and Forecasting Innovation Act of 2017", "nested": [], "links": [ { "text": "15 U.S.C. 8543", "legal-doc": "usc", "parsable-cite": "usc/15/8543" }, { "text": "15 U.S.C. 8543(a)", "legal-doc": "usc", "parsable-cite": "usc/15/8543" } ] }, { "text": "(b) National Oceanic and Atmospheric Administration Authorization Act of 1992 \nSection 106 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 106 Stat. 4274) is amended by striking subsection (c) ( 15 U.S.C. 1537 ).", "id": "id6d142317-17f9-41c7-ab19-5a936cb60256", "header": "National Oceanic and Atmospheric Administration Authorization Act of 1992", "nested": [], "links": [ { "text": "Public Law 102–567", "legal-doc": "public-law", "parsable-cite": "pl/102/567" }, { "text": "15 U.S.C. 1537", "legal-doc": "usc", "parsable-cite": "usc/15/1537" } ] } ], "links": [ { "text": "15 U.S.C. 8543", "legal-doc": "usc", "parsable-cite": "usc/15/8543" }, { "text": "15 U.S.C. 8543(a)", "legal-doc": "usc", "parsable-cite": "usc/15/8543" }, { "text": "Public Law 102–567", "legal-doc": "public-law", "parsable-cite": "pl/102/567" }, { "text": "15 U.S.C. 1537", "legal-doc": "usc", "parsable-cite": "usc/15/1537" } ] }, { "text": "9. Government Accountability Office report on hazardous weather and water alert dissemination \n(a) In general \nNot later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water event alerts and updates. (b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather and water event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure.", "id": "id8259a2da-c1ff-4ce4-8a67-a2e039b25994", "header": "Government Accountability Office report on hazardous weather and water alert dissemination", "nested": [ { "text": "(a) In general \nNot later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that examines the information technology infrastructure of the National Weather Service of the National Oceanic and Atmospheric Administration, specifically regarding the system for timely public notification of hazardous weather and water event alerts and updates.", "id": "id22f57124-4471-421d-8def-e0e6a20e59c9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) An analysis of the information technology infrastructure of the National Weather Service, including software and hardware capabilities and limitations, including an examination of server and data storage methods, broadband, data management, and data sharing. (2) An identification of secondary and tertiary fail-safes for the timely distribution of hazardous weather and water event alerts to the public. (3) A determination of the extent to which public notifications are delayed and an identification of corrective measures that do not add additional notification time. (4) An assessment of whether collaboration with other Federal offices, States, or private entities could reduce delays in notifications to the public. (5) A description of actions being undertaken to better identify critical steps in the hazards notification process that may be vulnerable to disruption or failure in the event of communication, technologic, or computational failure.", "id": "id23233bce-bc30-46d8-b9c4-14be5ffe2f94", "header": "Elements", "nested": [], "links": [] } ], "links": [] } ]

[ "Atmospheric science and weather", "Congressional oversight", "Earth sciences", "Emergency communications systems", "Emergency planning and evacuation", "Floods and storm protection", "Government information and archives", "Government studies and investigations", "Natural disasters", "Performance measurement", "Research and development" ]

[ { "text": "1. Short title \nThis Act may be cited as the Everett Alvarez, Jr. Congressional Gold Medal Act of 2023.", "id": "H0BB49DF66E9243928395CBEFC6DF979F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Commander Everett Alvarez, Jr. (referred to in this section as CDR Alvarez ), served with distinction in the Vietnam War and made historic sacrifices for the United States as— (A) the first United States pilot to be shot down and captured during the Vietnam War; and (B) the second-longest-held prisoner of war in the history of the United States, surviving more than 8 1/2 years in captivity. (2) CDR Alvarez was born in Salinas, California, in 1937 and was the grandchild of Mexican immigrants. (3) CDR Alvarez attended Salinas Union High School and Hartnell College and received a bachelor of science degree from Santa Clara University. (4) In 1960, CDR Alvarez joined the Navy and was commissioned as Ensign. (5) After receiving his commission, CDR Alvarez attended flight training at the Naval Air Training Command in Pensacola, Florida. (6) In June 1961, CDR Alvarez was transferred to the Naval Auxiliary Air Station in Kingsville, Texas, where he trained until December 1961. (7) CDR Alvarez was promoted to Lieutenant Junior Grade in April 1962. (8) In June 1962, CDR Alvarez joined Attack Squadron 144, nicknamed the Roadrunners , which was deployed to the Gulf of Tonkin before the United States entered the Vietnam War in August 1964. (9) On August 5, 1964, while flying Operation Pierce Arrow from the USS Constellation near the Vietnam-China border, CDR Alvarez’s A–4 Skyhawk was shot down, and he was captured by a Vietnamese fishing vessel. (10) Upon capture, CDR Alvarez was taken to the Hòa Lò Prison in Hanoi, known to many former prisoners as the Hanoi Hilton. (11) CDR Alvarez spent his first 13 months, 8 days, and 5 hours in isolation. (12) While at Hòa Lò, CDR Alvarez was repeatedly beaten and tortured, was fed inedible meals, and suffered malnourishment. (13) In September 1965, CDR Alvarez was moved to the Briarpatch , a prison camp west of Hanoi that had no electricity or running water. (14) Despite torture and interrogation, CDR Alvarez remained loyal to the United States and assisted other American prisoners of war. (15) CDR Alvarez, through his own actions, encouraged and inspired fellow prisoners of war to return with honor , which meant keeping their integrity in the face of torture and not cooperating with or divulging information to the enemy, so that they could return home having remained loyal to the United States. (16) At great risk, CDR Alvarez helped spread the means of communication among fellow prisoners of war, including the tap code and the mute hand code, to keep up spirits and stay organized. (17) On July 6, 1966, CDR Alvarez and 51 other American prisoners of war were forced to march in the Hanoi Parade where he was abused and attacked by mobs. (18) CDR Alvarez was released on February 12, 1973, after spending 3,113 days, or 8 years and 6 months, in captivity. (19) Following his release and hospitalization, CDR Alvarez resumed his service in the Navy, returning to Naval Air Station Kingsville for refresher flight training. (20) CDR Alvarez— (A) attended the Naval Postgraduate School in Monterey, California, and received a master’s degree in operations research and systems analysis in 1976; and (B) was inducted into the Alumni Hall of Fame of the Naval Postgraduate School on March 27, 2015. (21) CDR Alvarez served in Program Management at the Naval Air Systems command in Washington, DC, from October 1976 until his retirement. (22) CDR Alvarez retired from the Navy on June 30, 1980, after a 20-year career in the Navy. (23) In April 1981, President Ronald Reagan appointed CDR Alvarez as Deputy Director of the Peace Corps, where he served until 1982. (24) In July 1982, President Reagan nominated CDR Alvarez to be Deputy Administrator of the Veterans Administration, now known as the Department of Veterans Affairs, where he served until 1986. (25) CDR Alvarez earned his juris doctor from the George Washington University Law School in 1983 and has been admitted to the District of Columbia bar. (26) In February 1987, President Reagan appointed CDR Alvarez to the Board of Regents of the Uniformed Services University of the Health Sciences, where he served for nearly 21 years. (27) For his service, CDR Alvarez was awarded the Silver Star Medal, 2 Legions of Merit, the Distinguished Flying Cross, 2 Bronze Star Medals, 2 Purple Hearts, and the Prisoner of War Medal. (28) On September 18, 2012, the United States Navy Memorial awarded CDR Alvarez the Lone Sailor Award. (29) The people of the United States honor the sacrifices of CDR Alvarez and his service to the United States.", "id": "HBD2987030C4B4D07AD216E31686A155C", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Congressional Gold Medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Everett Alvarez, Jr., in recognition of his service to the United States. (b) Design and striking \n(1) In general \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (2) Image and inscription \nThe gold medal struck under paragraph (1) shall bear an image of, and the inscription of the name of, Everett Alvarez, Jr.", "id": "HF131271EB7A348B4B2B2FF326D82A6E5", "header": "Congressional Gold Medal", "nested": [ { "text": "(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Everett Alvarez, Jr., in recognition of his service to the United States.", "id": "H66C97C42C4834538AE9FFC258F74F2F3", "header": "Presentation authorized", "nested": [], "links": [] }, { "text": "(b) Design and striking \n(1) In general \nFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (2) Image and inscription \nThe gold medal struck under paragraph (1) shall bear an image of, and the inscription of the name of, Everett Alvarez, Jr.", "id": "H526E09AC970D4274B133B62E2CF48A94", "header": "Design and striking", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses.", "id": "H393B8645A64E459A85ECFFAA2D67FFD0", "header": "Duplicate medals", "nested": [], "links": [] }, { "text": "5. Status of medals \n(a) National medals \nMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "HA5EFCDB879BC485E988E23E5C781ABFC", "header": "Status of medals", "nested": [ { "text": "(a) National medals \nMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "H6465874200824DBBAEEEDADCE6DB9D6D", "header": "National medals", "nested": [], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "(b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "H3636A0A8BFD645E597B2B8A9E4B579BF", "header": "Numismatic items", "nested": [], "links": [] } ], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "6. Authority to use fund amounts; proceeds of sale \n(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "H6940C284B8D84E088E5A8812AEB87875", "header": "Authority to use fund amounts; proceeds of sale", "nested": [ { "text": "(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act.", "id": "H97CD5FAD056941D182BB65053A0305F4", "header": "Authority To use fund amounts", "nested": [], "links": [] }, { "text": "(b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "HCFA2E035675C4A5D962522F6679E2591", "header": "Proceeds of sale", "nested": [], "links": [] } ], "links": [] } ]

[ "Conflicts and wars", "Congressional tributes", "Military personnel and dependents" ]

[ { "text": "1. Short title \nThis Act may be cited as the Public Water Supply Invasive Species Compliance Act of 2023.", "id": "HB57F1850E8EE4748AEE5763EE55189D1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exemption of certain water transfers from the Lacey Act and the Lacey Act Amendments of 1981 \n(a) Definitions \nIn this section: (1) Covered water transfer \nThe term covered water transfer means a transfer of water containing a prohibited species between public water supplies located on, along, or across the State boundaries between any of the States of Texas, Arkansas, and Louisiana. (2) Prohibited species \nThe term prohibited species means any species— (A) the shipment of which is otherwise prohibited by section 42 of title 18, United States Code (commonly known as the Lacey Act ); or (B) the transfer of which is otherwise prohibited by the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ). (3) Public water supply \nThe term public water supply means any body of water, including any river, lake, or stream, the water of which is available or made available to the public. (b) Exemption \nSection 42 of title 18, United States Code (commonly known as the Lacey Act ), and the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ) shall not apply with respect to any covered water transfer, if— (1) (A) all prohibited species in the water transferred are located in both of the public water supplies between which the water is transferred; (B) the water is transferred directly between those public water supplies; and (C) the water is subject to effective mitigation measures that are reviewed and approved by the appropriate State agency of the State to which the water is being transferred, including— (i) chemically treating the water for suspected or known prohibited species; (ii) limiting transfers to certain times; (iii) withdrawing water only from certain depths; (iv) filtration; (v) enhanced monitoring; and (vi) other mitigation measures; or (2) the water is transferred in a closed conveyance system directly to treatment facilities where all prohibited species contained in the water transferred will be extirpated. (c) Notification \n(1) In general \nBefore the first covered water transfer described in subsection (b)(1) occurs in a calendar year and subject to paragraph (2), the controlling authority of the public water supply from which the water is to be transferred (referred to in this subsection as the donor public water supply ) shall submit to the controlling authority of the public water supply to which the water is to be transferred (referred to in this subsection as the recipient public water supply ) a written notification that includes— (A) the expected dates of the covered water transfer; (B) the volume of water to be transferred, which may include a range of possible volumes of water that may be transferred; (C) a list of known prohibited species that are contained in the donor public water supply; (D) a certification that the known prohibited species described in subparagraph (C) are present in both the donor public water supply and the recipient public water supply; and (E) a notice of other known species present in the donor public water supply that may be of concern to the controlling authority of the recipient public water supply, including species that are not prohibited by the laws referred to in subsection (b). (2) Additional notification \nIn addition to the notification required under paragraph (1), the controlling authority of the donor public water supply shall provide to the controlling authority of the recipient public water supply a notification described in that paragraph if the controlling authority of the donor public water supply discovers a new prohibited species in the donor public water supply. (d) Costs of mitigation measures \nThe costs of the mitigation measures described in subparagraph (C) of subsection (b)(1) for water subject to a covered water transfer described in that subsection shall be borne by the entity that sells the water for financial gain.", "id": "H9D4BA459BF92446D9D51190FBC7F719F", "header": "Exemption of certain water transfers from the Lacey Act and the Lacey Act Amendments of 1981", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Covered water transfer \nThe term covered water transfer means a transfer of water containing a prohibited species between public water supplies located on, along, or across the State boundaries between any of the States of Texas, Arkansas, and Louisiana. (2) Prohibited species \nThe term prohibited species means any species— (A) the shipment of which is otherwise prohibited by section 42 of title 18, United States Code (commonly known as the Lacey Act ); or (B) the transfer of which is otherwise prohibited by the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ). (3) Public water supply \nThe term public water supply means any body of water, including any river, lake, or stream, the water of which is available or made available to the public.", "id": "HAC2CB91FA53E4E96841778E07FB49698", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 3371 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3371" } ] }, { "text": "(b) Exemption \nSection 42 of title 18, United States Code (commonly known as the Lacey Act ), and the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ) shall not apply with respect to any covered water transfer, if— (1) (A) all prohibited species in the water transferred are located in both of the public water supplies between which the water is transferred; (B) the water is transferred directly between those public water supplies; and (C) the water is subject to effective mitigation measures that are reviewed and approved by the appropriate State agency of the State to which the water is being transferred, including— (i) chemically treating the water for suspected or known prohibited species; (ii) limiting transfers to certain times; (iii) withdrawing water only from certain depths; (iv) filtration; (v) enhanced monitoring; and (vi) other mitigation measures; or (2) the water is transferred in a closed conveyance system directly to treatment facilities where all prohibited species contained in the water transferred will be extirpated.", "id": "H979265833FDE4E52879306785B31B12D", "header": "Exemption", "nested": [], "links": [ { "text": "16 U.S.C. 3371 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3371" } ] }, { "text": "(c) Notification \n(1) In general \nBefore the first covered water transfer described in subsection (b)(1) occurs in a calendar year and subject to paragraph (2), the controlling authority of the public water supply from which the water is to be transferred (referred to in this subsection as the donor public water supply ) shall submit to the controlling authority of the public water supply to which the water is to be transferred (referred to in this subsection as the recipient public water supply ) a written notification that includes— (A) the expected dates of the covered water transfer; (B) the volume of water to be transferred, which may include a range of possible volumes of water that may be transferred; (C) a list of known prohibited species that are contained in the donor public water supply; (D) a certification that the known prohibited species described in subparagraph (C) are present in both the donor public water supply and the recipient public water supply; and (E) a notice of other known species present in the donor public water supply that may be of concern to the controlling authority of the recipient public water supply, including species that are not prohibited by the laws referred to in subsection (b). (2) Additional notification \nIn addition to the notification required under paragraph (1), the controlling authority of the donor public water supply shall provide to the controlling authority of the recipient public water supply a notification described in that paragraph if the controlling authority of the donor public water supply discovers a new prohibited species in the donor public water supply.", "id": "idF4D32A61E44E47EAA741D0BBF6A45285", "header": "Notification", "nested": [], "links": [] }, { "text": "(d) Costs of mitigation measures \nThe costs of the mitigation measures described in subparagraph (C) of subsection (b)(1) for water subject to a covered water transfer described in that subsection shall be borne by the entity that sells the water for financial gain.", "id": "idE18FE05630EC475990068F1BB6697391", "header": "Costs of mitigation measures", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 3371 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3371" }, { "text": "16 U.S.C. 3371 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/3371" } ] } ]

[ "Aquatic ecology", "Arkansas", "Crimes against animals and natural resources", "Environmental Protection", "Environmental assessment, monitoring, research", "Louisiana", "Texas", "Trade restrictions", "Water use and supply", "Wildlife conservation and habitat protection" ]

[ { "text": "1. Short title \nThis Act may be cited as the Dream Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) In general \nExcept as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) DACA \nThe term DACA means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012. (3) Disability \nThe term disability has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) ). (4) Early childhood education program \nThe term early childhood education program has the meaning given such term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (5) Elementary school; high school; secondary school \nThe terms elementary school , high school , and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Immigration laws \nThe term immigration laws has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ). (7) Institution of higher education \nThe term institution of higher education — (A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); and (B) does not include an institution of higher education outside of the United States. (8) Permanent resident status on a conditional basis \nThe term permanent resident status on a conditional basis means status as an alien lawfully admitted for permanent residence on a conditional basis under this Act. (9) Poverty line \nThe term poverty line has the meaning given such term in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 ). (10) Secretary \nExcept as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security. (11) Uniformed services \nThe term Uniformed Services has the meaning given the term uniformed services in section 101(a) of title 10, United States Code.", "id": "idd91a9dd3c38740168b2dc8abe557ad53", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 12102(1)", "legal-doc": "usc", "parsable-cite": "usc/42/12102" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "8 U.S.C. 1101(a)(17)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "42 U.S.C. 9902", "legal-doc": "usc", "parsable-cite": "usc/42/9902" } ] }, { "text": "3. Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children \n(a) Conditional basis for status \nNotwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this Act. (b) Requirements \n(1) In general \nNotwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), if— (A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act; (B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States; (C) subject to paragraphs (2) and (3), the alien— (i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ); (ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iii) has not been convicted of— (I) any offense under Federal or State law, other than a State offense for which an essential element is the alien’s immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or (II) 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien’s immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and (D) the alien— (i) has been admitted to an institution of higher education; (ii) has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; or (iii) is enrolled in secondary school or in an education program assisting students in— (I) obtaining a regular high school diploma or its recognized equivalent under State law; or (II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam. (2) Waiver \nWith respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) for humanitarian purposes or family unity or if the waiver is otherwise in the public interest. (3) Treatment of expunged convictions \nAn expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status. (4) DACA recipients \nThe Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA. (5) Application fee \n(A) In general \nThe Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption \nAn applicant may be exempted from paying the fee required under subparagraph (A) if the alien— (i) (I) is younger than 18 years of age; (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii) (I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (6) Submission of biometric and biographic data \nThe Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (7) Background checks \n(A) Requirement for background checks \nThe Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— (i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (B) Completion of background checks \nThe security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section. (8) Medical examination \n(A) Requirement \nAn alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination. (B) Policies and procedures \nThe Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A). (9) Military selective service \nAn alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the alien is subject to registration under such Act. (c) Determination of continuous presence \n(1) Termination of continuous period \nAny period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ). (2) Treatment of certain breaks in presence \n(A) In general \nExcept as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days. (B) Extensions for extenuating circumstances \nThe Secretary may extend the time periods described in subparagraph (A) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien. (C) Travel authorized by the secretary \nAny period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph (A). (d) Limitation on removal of certain aliens \n(1) In general \nThe Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section. (2) Aliens subject to removal \nThe Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order. (3) Certain aliens enrolled in elementary or secondary school \n(A) Stay of removal \nThe Attorney General shall stay the removal proceedings of an alien who— (i) meets all the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1), subject to paragraphs (2) and (3) of such subsection; (ii) is at least 5 years of age; and (iii) is enrolled in an elementary school, a secondary school, or an early childhood education program. (B) Commencement of removal proceedings \nThe Secretary may not commence removal proceedings for an alien described in subparagraph (A). (C) Employment \nAn alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document. (D) Lift of stay \nThe Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph. (e) Exemption from numerical limitations \nNothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status on a conditional basis under this Act.", "id": "idc8e2f1af0f244e2cbcf39e3925c34a08", "header": "Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children", "nested": [ { "text": "(a) Conditional basis for status \nNotwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this Act.", "id": "idb8d4c75a5d444410924185cd4d717b03", "header": "Conditional basis for status", "nested": [], "links": [] }, { "text": "(b) Requirements \n(1) In general \nNotwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), if— (A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act; (B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States; (C) subject to paragraphs (2) and (3), the alien— (i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ); (ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iii) has not been convicted of— (I) any offense under Federal or State law, other than a State offense for which an essential element is the alien’s immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or (II) 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien’s immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and (D) the alien— (i) has been admitted to an institution of higher education; (ii) has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; or (iii) is enrolled in secondary school or in an education program assisting students in— (I) obtaining a regular high school diploma or its recognized equivalent under State law; or (II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam. (2) Waiver \nWith respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) for humanitarian purposes or family unity or if the waiver is otherwise in the public interest. (3) Treatment of expunged convictions \nAn expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status. (4) DACA recipients \nThe Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA. (5) Application fee \n(A) In general \nThe Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption \nAn applicant may be exempted from paying the fee required under subparagraph (A) if the alien— (i) (I) is younger than 18 years of age; (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii) (I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (6) Submission of biometric and biographic data \nThe Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (7) Background checks \n(A) Requirement for background checks \nThe Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— (i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (B) Completion of background checks \nThe security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section. (8) Medical examination \n(A) Requirement \nAn alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination. (B) Policies and procedures \nThe Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A). (9) Military selective service \nAn alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the alien is subject to registration under such Act.", "id": "idbc679d0f530a46ada81955990cad11f4", "header": "Requirements", "nested": [], "links": [ { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "50 U.S.C. 3801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3801" } ] }, { "text": "(c) Determination of continuous presence \n(1) Termination of continuous period \nAny period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ). (2) Treatment of certain breaks in presence \n(A) In general \nExcept as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days. (B) Extensions for extenuating circumstances \nThe Secretary may extend the time periods described in subparagraph (A) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien. (C) Travel authorized by the secretary \nAny period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph (A).", "id": "id820d3d14d0934405b4eea686fdc12f41", "header": "Determination of continuous presence", "nested": [], "links": [ { "text": "8 U.S.C. 1229(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1229" } ] }, { "text": "(d) Limitation on removal of certain aliens \n(1) In general \nThe Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section. (2) Aliens subject to removal \nThe Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order. (3) Certain aliens enrolled in elementary or secondary school \n(A) Stay of removal \nThe Attorney General shall stay the removal proceedings of an alien who— (i) meets all the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1), subject to paragraphs (2) and (3) of such subsection; (ii) is at least 5 years of age; and (iii) is enrolled in an elementary school, a secondary school, or an early childhood education program. (B) Commencement of removal proceedings \nThe Secretary may not commence removal proceedings for an alien described in subparagraph (A). (C) Employment \nAn alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document. (D) Lift of stay \nThe Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph.", "id": "id30629fcd21284042a487378bd756fc66", "header": "Limitation on removal of certain aliens", "nested": [], "links": [] }, { "text": "(e) Exemption from numerical limitations \nNothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status on a conditional basis under this Act.", "id": "idb608932acaaa40ad8a4ea372333671f1", "header": "Exemption from numerical limitations", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "50 U.S.C. 3801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3801" }, { "text": "8 U.S.C. 1229(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1229" } ] }, { "text": "4. Terms of permanent resident status on a conditional basis \n(a) Period of status \nPermanent resident status on a conditional basis is— (1) valid for a period of 8 years, unless such period is extended by the Secretary; and (2) subject to termination under subsection (c). (b) Notice of requirements \nAt the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this Act and the requirements to have the conditional basis of such status removed. (c) Termination of status \nThe Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary— (1) determines that the alien ceases to meet the requirements under paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; and (2) prior to the termination, provides the alien— (A) notice of the proposed termination; and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination. (d) Return to previous immigration status \n(1) In general \nExcept as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying for such status, as appropriate. (2) Special rule for temporary protected status \nAn alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) immediately before receiving or applying for such permanent resident status on a conditional basis, as appropriate, may not return to such temporary protected status if— (A) the relevant designation under section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) ) has been terminated; or (B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for such temporary protected status.", "id": "id93a026ba97dd4abb921e5ba7f95e98ed", "header": "Terms of permanent resident status on a conditional basis", "nested": [ { "text": "(a) Period of status \nPermanent resident status on a conditional basis is— (1) valid for a period of 8 years, unless such period is extended by the Secretary; and (2) subject to termination under subsection (c).", "id": "id5b95c0f0a6c44ea9ab151c4109d686fb", "header": "Period of status", "nested": [], "links": [] }, { "text": "(b) Notice of requirements \nAt the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this Act and the requirements to have the conditional basis of such status removed.", "id": "id88208c582f78432da1776f43e901b2e9", "header": "Notice of requirements", "nested": [], "links": [] }, { "text": "(c) Termination of status \nThe Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary— (1) determines that the alien ceases to meet the requirements under paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; and (2) prior to the termination, provides the alien— (A) notice of the proposed termination; and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination.", "id": "id6b5a9b8b8e3947bb821589b410e41edc", "header": "Termination of status", "nested": [], "links": [] }, { "text": "(d) Return to previous immigration status \n(1) In general \nExcept as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying for such status, as appropriate. (2) Special rule for temporary protected status \nAn alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) immediately before receiving or applying for such permanent resident status on a conditional basis, as appropriate, may not return to such temporary protected status if— (A) the relevant designation under section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) ) has been terminated; or (B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for such temporary protected status.", "id": "ide2886568672e476bb2bc00ef274d2579", "header": "Return to previous immigration status", "nested": [], "links": [ { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] } ], "links": [ { "text": "8 U.S.C. 1254a", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1254a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" } ] }, { "text": "5. Removal of conditional basis of permanent resident status \n(a) Eligibility for removal of conditional basis \n(1) In general \nSubject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien— (A) is described in paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; (B) has not abandoned the alien’s residence in the United States; and (C) (i) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; (ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (iii) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 3(b)(1)(D)(iii), shall not count toward the time requirements under this clause. (2) Hardship exception \nThe Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien— (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); (B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and (C) demonstrates that— (i) the alien has a disability; (ii) the alien is a full-time caregiver of a minor child; or (iii) the removal of the alien from the United States would result in extreme hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (3) Citizenship requirement \n(A) In general \nExcept as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this Act may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ). (B) Exception \nSubparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. (4) Application fee \n(A) In general \nThe Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption \nAn applicant may be exempted from paying the fee required under subparagraph (A) if the alien— (i) (I) is younger than 18 years of age; (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii) (I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (5) Submission of biometric and biographic data \nThe Secretary may not remove the conditional basis of an alien’s permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment. (6) Background checks \n(A) Requirement for background checks \nThe Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— (i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien’s permanent resident status; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis. (B) Completion of background checks \nThe security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien’s permanent resident status. (b) Treatment for purposes of naturalization \n(1) In general \nFor purposes of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. (2) Limitation on application for naturalization \nAn alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.", "id": "id4dde7f89b64a4a73bb0a1472003e093b", "header": "Removal of conditional basis of permanent resident status", "nested": [ { "text": "(a) Eligibility for removal of conditional basis \n(1) In general \nSubject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien— (A) is described in paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; (B) has not abandoned the alien’s residence in the United States; and (C) (i) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; (ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (iii) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 3(b)(1)(D)(iii), shall not count toward the time requirements under this clause. (2) Hardship exception \nThe Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien— (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); (B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and (C) demonstrates that— (i) the alien has a disability; (ii) the alien is a full-time caregiver of a minor child; or (iii) the removal of the alien from the United States would result in extreme hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (3) Citizenship requirement \n(A) In general \nExcept as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this Act may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ). (B) Exception \nSubparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. (4) Application fee \n(A) In general \nThe Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (B) Exemption \nAn applicant may be exempted from paying the fee required under subparagraph (A) if the alien— (i) (I) is younger than 18 years of age; (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (III) is in foster care or otherwise lacking any parental or other familial support; (ii) is younger than 18 years of age and is homeless; (iii) (I) cannot care for himself or herself because of a serious, chronic disability; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (5) Submission of biometric and biographic data \nThe Secretary may not remove the conditional basis of an alien’s permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment. (6) Background checks \n(A) Requirement for background checks \nThe Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— (i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien’s permanent resident status; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis. (B) Completion of background checks \nThe security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien’s permanent resident status.", "id": "idabac7d4c0ca142a3a9420ecf101ec5d2", "header": "Eligibility for removal of conditional basis", "nested": [], "links": [ { "text": "8 U.S.C. 1423(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1423" } ] }, { "text": "(b) Treatment for purposes of naturalization \n(1) In general \nFor purposes of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. (2) Limitation on application for naturalization \nAn alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.", "id": "id1930aa192c7640f2b08fae3a709b0621", "header": "Treatment for purposes of naturalization", "nested": [], "links": [ { "text": "8 U.S.C. 1401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] } ], "links": [ { "text": "8 U.S.C. 1423(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1423" }, { "text": "8 U.S.C. 1401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] }, { "text": "6. Documentation requirements \n(a) Documents establishing identity \nAn alien’s application for permanent resident status on a conditional basis may include, as proof of identity— (1) a passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint; (2) the alien’s birth certificate and an identity card that includes the alien’s name and photograph; (3) a school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school; (4) a Uniformed Services identification card issued by the Department of Defense; (5) any immigration or other document issued by the United States Government bearing the alien’s name and photograph; or (6) a State-issued identification card bearing the alien's name and photograph. (b) Documents establishing continuous physical presence in the United States \nTo establish that an alien has been continuously physically present in the United States, as required under section 3(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 5(a)(1)(B), the alien may submit documents to the Secretary, including— (1) employment records that include the employer’s name and contact information; (2) records from any educational institution the alien has attended in the United States; (3) records of service from the Uniformed Services; (4) official records from a religious entity confirming the alien’s participation in a religious ceremony; (5) passport entries; (6) a birth certificate for a child who was born in the United States; (7) automobile license receipts or registration; (8) deeds, mortgages, or rental agreement contracts; (9) tax receipts; (10) insurance policies; (11) remittance records; (12) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; (13) copies of money order receipts for money sent in or out of the United States; (14) dated bank transactions; or (15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain— (A) the name, address, and telephone number of the affiant; and (B) the nature and duration of the relationship between the affiant and the alien. (c) Documents establishing initial entry into the United States \nTo establish under section 3(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including— (1) an admission stamp on the alien’s passport; (2) records from any educational institution the alien has attended in the United States; (3) any document from the Department of Justice or the Department of Homeland Security stating the alien’s date of entry into the United States; (4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization; (5) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; (6) employment records that include the employer’s name and contact information; (7) official records from a religious entity confirming the alien’s participation in a religious ceremony; (8) a birth certificate for a child who was born in the United States; (9) automobile license receipts or registration; (10) deeds, mortgages, or rental agreement contracts; (11) tax receipts; (12) travel records; (13) copies of money order receipts sent in or out of the country; (14) dated bank transactions; (15) remittance records; or (16) insurance policies. (d) Documents establishing admission to an institution of higher education \nTo establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien— (1) has been admitted to the institution; or (2) is currently enrolled in the institution as a student. (e) Documents establishing receipt of a degree from an institution of higher education \nTo establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree. (f) Documents establishing receipt of high school diploma, general educational development certificate, or a recognized equivalent \nTo establish that an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general educational development certificate recognized under State law or a high school equivalency diploma in the United States, the alien shall submit to the Secretary— (1) a high school diploma, certificate of completion, or other alternate award; (2) a high school equivalency diploma or certificate recognized under State law; or (3) evidence that the alien passed a State-authorized exam, including the general educational development exam, in the United States. (g) Documents establishing enrollment in an educational program \nTo establish that an alien is enrolled in any school or education program described in section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include— (1) the name of the school; and (2) the alien’s name, periods of attendance, and current grade or educational level. (h) Documents establishing exemption from application fees \nTo establish that an alien is exempt from an application fee under section 3(b)(5)(B) or 5(a)(4)(B), the alien shall submit to the Secretary the following relevant documents: (1) Documents to establish age \nTo establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age. (2) Documents to establish income \nTo establish the alien’s income, the alien shall provide— (A) employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; (B) bank records; or (C) at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain— (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien. (3) Documents to establish foster care, lack of familial support, homelessness, or serious, chronic disability \nTo establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain— (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate; (B) the name, address, and telephone number of the affiant; and (C) the nature and duration of the relationship between the affiant and the alien. (4) Documents to establish unpaid medical expense \nTo establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that— (A) bear the provider’s name and address; (B) bear the name of the individual receiving treatment; and (C) document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien. (i) Documents establishing qualification for hardship exemption \nTo establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 5(a)(2)(C), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain— (1) the name, address, and telephone number of the affiant; and (2) the nature and duration of the relationship between the affiant and the alien. (j) Documents establishing service in the Uniformed Services \nTo establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary— (1) a Department of Defense form DD–214; (2) a National Guard Report of Separation and Record of Service form 22; (3) personnel records for such service from the appropriate Uniformed Service; or (4) health records from the appropriate Uniformed Service. (k) Documents establishing employment \n(1) In general \nAn alien may satisfy the employment requirement under section 5(a)(1)(C)(iii) by submitting records that— (A) establish compliance with such employment requirement; and (B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency. (2) Other documents \nAn alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including— (A) bank records; (B) business records; (C) employer records; (D) records of a labor union, day labor center, or organization that assists workers in employment; (E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain— (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien; and (F) remittance records. (l) Authority To prohibit use of certain documents \nIf the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.", "id": "id7648BECBB4F2470EA4BBD4B850DD0C8C", "header": "Documentation requirements", "nested": [ { "text": "(a) Documents establishing identity \nAn alien’s application for permanent resident status on a conditional basis may include, as proof of identity— (1) a passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint; (2) the alien’s birth certificate and an identity card that includes the alien’s name and photograph; (3) a school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school; (4) a Uniformed Services identification card issued by the Department of Defense; (5) any immigration or other document issued by the United States Government bearing the alien’s name and photograph; or (6) a State-issued identification card bearing the alien's name and photograph.", "id": "id3ca85210533c458fa282a9f99c4d9dfd", "header": "Documents establishing identity", "nested": [], "links": [] }, { "text": "(b) Documents establishing continuous physical presence in the United States \nTo establish that an alien has been continuously physically present in the United States, as required under section 3(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 5(a)(1)(B), the alien may submit documents to the Secretary, including— (1) employment records that include the employer’s name and contact information; (2) records from any educational institution the alien has attended in the United States; (3) records of service from the Uniformed Services; (4) official records from a religious entity confirming the alien’s participation in a religious ceremony; (5) passport entries; (6) a birth certificate for a child who was born in the United States; (7) automobile license receipts or registration; (8) deeds, mortgages, or rental agreement contracts; (9) tax receipts; (10) insurance policies; (11) remittance records; (12) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; (13) copies of money order receipts for money sent in or out of the United States; (14) dated bank transactions; or (15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain— (A) the name, address, and telephone number of the affiant; and (B) the nature and duration of the relationship between the affiant and the alien.", "id": "id41798b67f26847c6a56873823d538d5e", "header": "Documents establishing continuous physical presence in the United States", "nested": [], "links": [] }, { "text": "(c) Documents establishing initial entry into the United States \nTo establish under section 3(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including— (1) an admission stamp on the alien’s passport; (2) records from any educational institution the alien has attended in the United States; (3) any document from the Department of Justice or the Department of Homeland Security stating the alien’s date of entry into the United States; (4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization; (5) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address; (6) employment records that include the employer’s name and contact information; (7) official records from a religious entity confirming the alien’s participation in a religious ceremony; (8) a birth certificate for a child who was born in the United States; (9) automobile license receipts or registration; (10) deeds, mortgages, or rental agreement contracts; (11) tax receipts; (12) travel records; (13) copies of money order receipts sent in or out of the country; (14) dated bank transactions; (15) remittance records; or (16) insurance policies.", "id": "idaf38ab4cff1f423c893d56d61e18fbfd", "header": "Documents establishing initial entry into the United States", "nested": [], "links": [] }, { "text": "(d) Documents establishing admission to an institution of higher education \nTo establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien— (1) has been admitted to the institution; or (2) is currently enrolled in the institution as a student.", "id": "id5e98efb9b74c4d6284b974efde72a4b0", "header": "Documents establishing admission to an institution of higher education", "nested": [], "links": [] }, { "text": "(e) Documents establishing receipt of a degree from an institution of higher education \nTo establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.", "id": "idcea030ae7f12479aba26f5b240931949", "header": "Documents establishing receipt of a degree from an institution of higher education", "nested": [], "links": [] }, { "text": "(f) Documents establishing receipt of high school diploma, general educational development certificate, or a recognized equivalent \nTo establish that an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general educational development certificate recognized under State law or a high school equivalency diploma in the United States, the alien shall submit to the Secretary— (1) a high school diploma, certificate of completion, or other alternate award; (2) a high school equivalency diploma or certificate recognized under State law; or (3) evidence that the alien passed a State-authorized exam, including the general educational development exam, in the United States.", "id": "idfc4a570670204aeda749a7bd6c911336", "header": "Documents establishing receipt of high school diploma, general educational development certificate, or a recognized equivalent", "nested": [], "links": [] }, { "text": "(g) Documents establishing enrollment in an educational program \nTo establish that an alien is enrolled in any school or education program described in section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include— (1) the name of the school; and (2) the alien’s name, periods of attendance, and current grade or educational level.", "id": "id9b4e51d402e24494a6d739c547db23a4", "header": "Documents establishing enrollment in an educational program", "nested": [], "links": [] }, { "text": "(h) Documents establishing exemption from application fees \nTo establish that an alien is exempt from an application fee under section 3(b)(5)(B) or 5(a)(4)(B), the alien shall submit to the Secretary the following relevant documents: (1) Documents to establish age \nTo establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age. (2) Documents to establish income \nTo establish the alien’s income, the alien shall provide— (A) employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; (B) bank records; or (C) at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain— (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien. (3) Documents to establish foster care, lack of familial support, homelessness, or serious, chronic disability \nTo establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain— (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate; (B) the name, address, and telephone number of the affiant; and (C) the nature and duration of the relationship between the affiant and the alien. (4) Documents to establish unpaid medical expense \nTo establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that— (A) bear the provider’s name and address; (B) bear the name of the individual receiving treatment; and (C) document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien.", "id": "idc7aeb974298c46b6a0d4a4412f093483", "header": "Documents establishing exemption from application fees", "nested": [], "links": [] }, { "text": "(i) Documents establishing qualification for hardship exemption \nTo establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 5(a)(2)(C), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain— (1) the name, address, and telephone number of the affiant; and (2) the nature and duration of the relationship between the affiant and the alien.", "id": "idacdb9de2e4394e3b9b9b36be5bbe795a", "header": "Documents establishing qualification for hardship exemption", "nested": [], "links": [] }, { "text": "(j) Documents establishing service in the Uniformed Services \nTo establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary— (1) a Department of Defense form DD–214; (2) a National Guard Report of Separation and Record of Service form 22; (3) personnel records for such service from the appropriate Uniformed Service; or (4) health records from the appropriate Uniformed Service.", "id": "id2ce5364731484a36821c30bc170f7cbe", "header": "Documents establishing service in the Uniformed Services", "nested": [], "links": [] }, { "text": "(k) Documents establishing employment \n(1) In general \nAn alien may satisfy the employment requirement under section 5(a)(1)(C)(iii) by submitting records that— (A) establish compliance with such employment requirement; and (B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency. (2) Other documents \nAn alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including— (A) bank records; (B) business records; (C) employer records; (D) records of a labor union, day labor center, or organization that assists workers in employment; (E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain— (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien; and (F) remittance records.", "id": "ide3ac05bee3d341eca8dcbc9c5225b9d9", "header": "Documents establishing employment", "nested": [], "links": [] }, { "text": "(l) Authority To prohibit use of certain documents \nIf the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.", "id": "id58558ae4a67c43378c1b2d2ed5839518", "header": "Authority To prohibit use of certain documents", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Rulemaking \n(a) Initial publication \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this Act in the Federal Register. Such regulations shall allow eligible individuals to immediately apply affirmatively for the relief available under section 3 without being placed in removal proceedings. (b) Interim regulations \nNotwithstanding section 553 of title 5, United States Code, the regulations published pursuant to subsection (a) shall be effective, on an interim basis, immediately upon publication in the Federal Register, but may be subject to change and revision after public notice and opportunity for a period of public comment. (c) Final regulations \nNot later than 180 days after the date on which interim regulations are published under this section, the Secretary shall publish final regulations implementing this Act. (d) Paperwork Reduction Act \nThe requirements under chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this Act.", "id": "id59ffeb886f6946bba312a98503b5cc69", "header": "Rulemaking", "nested": [ { "text": "(a) Initial publication \nNot later than 90 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this Act in the Federal Register. Such regulations shall allow eligible individuals to immediately apply affirmatively for the relief available under section 3 without being placed in removal proceedings.", "id": "idc8ae594034434f99b57d1d27a2944cc5", "header": "Initial publication", "nested": [], "links": [] }, { "text": "(b) Interim regulations \nNotwithstanding section 553 of title 5, United States Code, the regulations published pursuant to subsection (a) shall be effective, on an interim basis, immediately upon publication in the Federal Register, but may be subject to change and revision after public notice and opportunity for a period of public comment.", "id": "id4bc2c0c445dc4b57a789c9bbd259de90", "header": "Interim regulations", "nested": [], "links": [] }, { "text": "(c) Final regulations \nNot later than 180 days after the date on which interim regulations are published under this section, the Secretary shall publish final regulations implementing this Act.", "id": "id2b650714ccb54e21b986e165930f1e0e", "header": "Final regulations", "nested": [], "links": [] }, { "text": "(d) Paperwork Reduction Act \nThe requirements under chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this Act.", "id": "ida2a461d333c44a0dbb80bc80f70f20d8", "header": "Paperwork Reduction Act", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] } ], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "8. Confidentiality of information \n(a) In general \nThe Secretary may not disclose or use information provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement. (b) Referrals prohibited \nThe Secretary may not refer any individual who has been granted permanent resident status on a conditional basis or who was granted DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Limited exception \nNotwithstanding subsections (a) and (b), information provided in an application for permanent resident status on a conditional basis or a request for DACA may be shared with Federal security and law enforcement agencies— (1) for assistance in the consideration of an application for permanent resident status on a conditional basis; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony not related to immigration status. (d) Penalty \nAny person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.", "id": "id1541DAA67CF9426CAC6375E8E30EC4C2", "header": "Confidentiality of information", "nested": [ { "text": "(a) In general \nThe Secretary may not disclose or use information provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement.", "id": "ida49394f2b25c49048b5f3ee1ceba9acd", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Referrals prohibited \nThe Secretary may not refer any individual who has been granted permanent resident status on a conditional basis or who was granted DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity.", "id": "ide28b2978b9a24828979fbd9c943f8fa8", "header": "Referrals prohibited", "nested": [], "links": [] }, { "text": "(c) Limited exception \nNotwithstanding subsections (a) and (b), information provided in an application for permanent resident status on a conditional basis or a request for DACA may be shared with Federal security and law enforcement agencies— (1) for assistance in the consideration of an application for permanent resident status on a conditional basis; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony not related to immigration status.", "id": "idc16221fd6939491696709d1dec630b37", "header": "Limited exception", "nested": [], "links": [] }, { "text": "(d) Penalty \nAny person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.", "id": "id145d91ce4f564007b5a5286e2d4f4b83", "header": "Penalty", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Restoration of State option to determine residency for purposes of higher education benefits \n(a) In general \nSection 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. (b) Effective date \nThe repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009–546).", "id": "idCC7F465DE4EA400CB797A2D3F0D50CBA", "header": "Restoration of State option to determine residency for purposes of higher education benefits", "nested": [ { "text": "(a) In general \nSection 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed.", "id": "id274cf2d1c2fd4d31ac7527763e436d46", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1623", "legal-doc": "usc", "parsable-cite": "usc/8/1623" } ] }, { "text": "(b) Effective date \nThe repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 110 Stat. 3009–546).", "id": "id798f785430e24c6092f2a936544debba", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" } ] } ], "links": [ { "text": "8 U.S.C. 1623", "legal-doc": "usc", "parsable-cite": "usc/8/1623" }, { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" } ] } ]

[ "Administrative law and regulatory procedures", "Administrative remedies", "Citizenship and naturalization", "Department of Homeland Security", "Elementary and secondary education", "Foreign labor", "Government information and archives", "Higher education", "Immigration status and procedures", "Medical tests and diagnostic methods", "Military personnel and dependents", "Preschool education", "State and local government operations", "Student aid and college costs", "User charges and fees", "Visas and passports" ]

[ { "text": "1. Short title \nThis Act may be cited as the Chiricahua National Park Act.", "id": "id21d5ded24259428abd6d6334202b4290", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Designation of Chiricahua National Park, Arizona \n(a) Designation \n(1) In general \nThe Chiricahua National Monument in the State of Arizona established by Presidential Proclamation 1692 ( 54 U.S.C. 320301 note; 43 Stat. 1946) shall be known and designated as Chiricahua National Park (referred to in this Act as the National Park ). (2) Boundaries \nThe boundaries of the National Park shall be the boundaries of the Chiricahua National Monument as of the date of enactment of this Act, as generally depicted on the map entitled Chiricahua National Park Proposed Boundary , numbered 145/156,356, and dated March 2021. (3) References \nAny reference in a law, map, regulation, document, or other record of the United States to the Chiricahua National Monument shall be considered to be a reference to the Chiricahua National Park. (4) Availability of funds \nAny funds available for the Chiricahua National Monument shall be available for the National Park. (b) Administration \nThe Secretary of the Interior shall administer the National Park in accordance with— (1) Presidential Proclamation 1692 ( 54 U.S.C. 320301 note; 43 Stat. 1946); (2) Presidential Proclamation 2288 ( 54 U.S.C. 320301 note; 52 Stat. 1551); and (3) the laws generally applicable to units of the National Park System, including— (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code.", "id": "idfb6f41ecc137450188f9834d8190837e", "header": "Designation of Chiricahua National Park, Arizona", "nested": [ { "text": "(a) Designation \n(1) In general \nThe Chiricahua National Monument in the State of Arizona established by Presidential Proclamation 1692 ( 54 U.S.C. 320301 note; 43 Stat. 1946) shall be known and designated as Chiricahua National Park (referred to in this Act as the National Park ). (2) Boundaries \nThe boundaries of the National Park shall be the boundaries of the Chiricahua National Monument as of the date of enactment of this Act, as generally depicted on the map entitled Chiricahua National Park Proposed Boundary , numbered 145/156,356, and dated March 2021. (3) References \nAny reference in a law, map, regulation, document, or other record of the United States to the Chiricahua National Monument shall be considered to be a reference to the Chiricahua National Park. (4) Availability of funds \nAny funds available for the Chiricahua National Monument shall be available for the National Park.", "id": "id26AEF23FE6454D8D8A4A5045E74EA75F", "header": "Designation", "nested": [], "links": [ { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" } ] }, { "text": "(b) Administration \nThe Secretary of the Interior shall administer the National Park in accordance with— (1) Presidential Proclamation 1692 ( 54 U.S.C. 320301 note; 43 Stat. 1946); (2) Presidential Proclamation 2288 ( 54 U.S.C. 320301 note; 52 Stat. 1551); and (3) the laws generally applicable to units of the National Park System, including— (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code.", "id": "id976854e77f2940ad8efdae84ae14a275", "header": "Administration", "nested": [], "links": [ { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" }, { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" }, { "text": "chapter 3201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/3201" } ] } ], "links": [ { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" }, { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" }, { "text": "54 U.S.C. 320301", "legal-doc": "usc", "parsable-cite": "usc/54/320301" }, { "text": "chapter 3201", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/54/3201" } ] } ]

[ "Arizona", "Monuments and memorials", "Parks, recreation areas, trails" ]

[ { "text": "1. Short title \nThis Act may be cited as the Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act.", "id": "id27591883649647ba8cd3647750d4df31", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) More than 100,000 Americans died from drug overdoses during 2021, with the majority of such deaths caused by fentanyl. (2) Fentanyl is a potent synthetic opioid drug that is 50 times more potent than heroin and 100 times more potent than morphine. (3) Fentanyl is involved in more deaths of Americans younger than 50 years of age than any other cause of death, including heart disease, cancer, homicide, suicide, and other accidents. (4) In 2022, the United States Drug Enforcement Agency seized 50,000,000 fentanyl-laced pills and over 10,000 pounds of fentanyl powder, which is enough fentanyl to kill every American. (5) Just 2 milligrams of fentanyl is considered a lethal dose. (6) The smuggling of fentanyl into the United States constitutes a major public health crisis.", "id": "id0dec55ffae3c4d3d8454cd9362310e1c", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Covered alien \nThe term covered alien means any person who— (A) is attempting to unlawfully enter the United States from Canada or from Mexico; (B) does not possess the required travel documents to be admitted to the United States; and (C) is being held at a point of entry or a Border Patrol station to facilitate immigration processing. (2) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "idcceeee1898b14362b245a868e41eee7d", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Suspending the introduction of covered aliens into the United States due to the fentanyl public health crisis \n(a) In general \nBeginning on the date of the enactment of this Act, the admittance of covered aliens into the United States is suspended to protect the public health. (b) Relocation \nCovered aliens who attempt to enter the United States, either through a point of entry or between points of entry, while the suspension described in subsection (a) remains in place shall be returned to their country of origin or to the country from which they entered the United States as rapidly as possible to lower the risk of such aliens introducing, selling, trafficking, or otherwise illicitly disseminating or promoting the dissemination of deadly fentanyl into the United States. (c) Repatriation flights \nThe Secretary is authorized to transport covered aliens being relocated pursuant to subsection (b) on scheduled repatriation flights, on a space available basis.", "id": "iddc85e1983eef4bae87af1b06a026e697", "header": "Suspending the introduction of covered aliens into the United States due to the fentanyl public health crisis", "nested": [ { "text": "(a) In general \nBeginning on the date of the enactment of this Act, the admittance of covered aliens into the United States is suspended to protect the public health.", "id": "id6b5589e16c0b4f5aa3c00f386723a69b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Relocation \nCovered aliens who attempt to enter the United States, either through a point of entry or between points of entry, while the suspension described in subsection (a) remains in place shall be returned to their country of origin or to the country from which they entered the United States as rapidly as possible to lower the risk of such aliens introducing, selling, trafficking, or otherwise illicitly disseminating or promoting the dissemination of deadly fentanyl into the United States.", "id": "ide8a36d59c6b649f682a0edb26170e2cf", "header": "Relocation", "nested": [], "links": [] }, { "text": "(c) Repatriation flights \nThe Secretary is authorized to transport covered aliens being relocated pursuant to subsection (b) on scheduled repatriation flights, on a space available basis.", "id": "id410404b1554445d9b7c99cdfd041329a", "header": "Repatriation flights", "nested": [], "links": [] } ], "links": [] } ]

[ "Border security and unlawful immigration", "Canada", "Drug trafficking and controlled substances", "Immigration status and procedures", "Latin America", "Mexico" ]

[ { "text": "1. Short title \nThis Act may be cited as the Providing Appropriate Recognition and Treatment Needed to Enhance Relations with ASEAN Act or the PARTNER with ASEAN Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Statement of policy on deepening cooperation with ASEAN \nIt is the policy of the United States— (1) to reaffirm the United States-ASEAN Comprehensive Strategic Partnership, established in 2022 following 45 years of Dialogue Partnership; (2) to enhance United States-ASEAN cooperation in support of an open, transparent, resilient, inclusive and rules-based regional architecture in the Indo-Pacific; (3) to support regular, high-level United States official engagement with ASEAN, including the participation in the annual ASEAN Summit held each year; (4) to enhance cooperation with ASEAN member states as well as with the institution of ASEAN and the ASEAN Secretariat, including through the United States Mission to ASEAN, led by the United States Ambassador to ASEAN; and (5) to welcome the decision in-principle by ASEAN to admit Timor-Leste to be ASEAN’s 11th member state and to encourage United States support to Timor-Leste in its capacity as an official ASEAN observer.", "id": "id9de470ddfa2b4fec9e44f4b0cce5932b", "header": "Statement of policy on deepening cooperation with ASEAN", "nested": [], "links": [] }, { "text": "3. Sense of Congress on the establishment of an ASEAN delegation to the United States \nIt is the sense of Congress that it is in the United States interest to encourage the establishment, at the earliest opportunity, of an ASEAN delegation to the United States, to enhance cooperation between ASEAN and the United States at all levels.", "id": "id121f215305724b4dad57bfe522407799", "header": "Sense of Congress on the establishment of an ASEAN delegation to the United States", "nested": [], "links": [] }, { "text": "4. Extension of diplomatic immunities to the Association of Southeast Asian Nations \nThe provisions of the International Organizations Immunities Act ( 22 U.S.C. 288 et seq. ) may be extended to the Association of Southeast Asian Nations in the same manner, to the same extent, and subject to the same conditions as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.", "id": "id1563ee86617743c0b977f56846757f4a", "header": "Extension of diplomatic immunities to the Association of Southeast Asian Nations", "nested": [], "links": [ { "text": "22 U.S.C. 288 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/288" } ] }, { "text": "1. Short title \nThis Act may be cited as the Providing Appropriate Recognition and Treatment Needed to Enhance Relations with ASEAN Act or the PARTNER with ASEAN Act.", "id": "id64e3991b-96df-40b1-b28a-597f8fba090c", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Statement of policy on deepening cooperation with ASEAN \nIt is the policy of the United States— (1) to reaffirm the United States-ASEAN Comprehensive Strategic Partnership, established in 2022 following 45 years of Dialogue Partnership; (2) to enhance United States-ASEAN cooperation in support of an open, transparent, resilient, inclusive and rules-based regional architecture in the Indo-Pacific; (3) to support regular, high-level United States official engagement with ASEAN, including the participation in the annual ASEAN Summit held each year; (4) to enhance cooperation with ASEAN member states, as appropriate, as well as with the institution of ASEAN and the ASEAN Secretariat, including through the United States Mission to ASEAN, led by the United States Ambassador to ASEAN; and (5) to welcome the decision in-principle by ASEAN to admit Timor-Leste to be ASEAN’s 11th member state and to encourage United States support to Timor-Leste in its capacity as an official ASEAN observer.", "id": "id63adf7df-409f-46a9-9ea6-fb4cbccaca78", "header": "Statement of policy on deepening cooperation with ASEAN", "nested": [], "links": [] }, { "text": "3. Sense of Congress on the establishment of an ASEAN delegation to the United States \nIt is the sense of Congress that— (1) it is in the United States interest to encourage the establishment, at the earliest opportunity, of an ASEAN delegation to the United States, to enhance cooperation between ASEAN and the United States at all levels; and (2) the establishment of an ASEAN center in the United States would support United States economic and cultural engagement with Southeast Asia.", "id": "idf0df2cb5-463e-43ba-a170-944564434df2", "header": "Sense of Congress on the establishment of an ASEAN delegation to the United States", "nested": [], "links": [] }, { "text": "4. Extension of diplomatic immunities to the Association of Southeast Asian Nations \nThe provisions of the International Organizations Immunities Act ( 22 U.S.C. 288 et seq. ) may be extended to the Association of Southeast Asian Nations in the same manner, to the same extent, and subject to the same conditions as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.", "id": "id0f58646b-c4e2-4681-8416-4b051298a37d", "header": "Extension of diplomatic immunities to the Association of Southeast Asian Nations", "nested": [], "links": [ { "text": "22 U.S.C. 288 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/288" } ] } ]

[ "ASEAN countries", "Asia", "Brunei", "Burma", "Cambodia", "Indonesia", "International law and treaties", "International organizations and cooperation", "Laos", "Malaysia", "Philippines", "Property tax", "Singapore", "Thailand", "Vietnam" ]

[ { "text": "1. Short title \nThis Act may be cited as the Justice for Murder Victims Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Homicide offenses \n(a) In general \nChapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim \n(a) In general \nA prosecution may be instituted for any homicide offense under this title without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim. (b) Relation to statute of limitations \nNothing in subsection (a) shall be construed to supersede the limitations period under section 3282(a), to the extent applicable. (c) Maximum time period applicable if death penalty imposed \nA sentence of death may not be imposed for a homicide offense under this title unless the Government proves beyond a reasonable doubt that not more than 1 year and 1 day elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.. (b) Table of contents \nThe table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim.. (c) Applicability \nSection 1123(a) of title 18, United States Code, as added by subsection (a), shall apply with respect to an act or omission described in that section that occurs after the date of enactment of this Act. (d) Maximum penalty for first-degree murder based on time period between act or omission and death of victim \nSection 1111(b) of title 18, United States Code, is amended by inserting after imprisonment for life the following: , unless the death of the victim occurred more than 1 year and 1 day after the act or omission that caused the death of the victim, in which case the punishment shall be imprisonment for any term of years or for life.", "id": "id23dd2e5007494243ba3bfe3a52c9396f", "header": "Homicide offenses", "nested": [ { "text": "(a) In general \nChapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim \n(a) In general \nA prosecution may be instituted for any homicide offense under this title without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim. (b) Relation to statute of limitations \nNothing in subsection (a) shall be construed to supersede the limitations period under section 3282(a), to the extent applicable. (c) Maximum time period applicable if death penalty imposed \nA sentence of death may not be imposed for a homicide offense under this title unless the Government proves beyond a reasonable doubt that not more than 1 year and 1 day elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim..", "id": "id1E2D39B721344EC0A5D93F41FE6562BD", "header": "In general", "nested": [], "links": [ { "text": "Chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" } ] }, { "text": "(b) Table of contents \nThe table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim..", "id": "idBDD13FDA8C7044C6B9C8110954DB05CD", "header": "Table of contents", "nested": [], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" } ] }, { "text": "(c) Applicability \nSection 1123(a) of title 18, United States Code, as added by subsection (a), shall apply with respect to an act or omission described in that section that occurs after the date of enactment of this Act.", "id": "idb1173f91a754426387612ba790ecc30b", "header": "Applicability", "nested": [], "links": [] }, { "text": "(d) Maximum penalty for first-degree murder based on time period between act or omission and death of victim \nSection 1111(b) of title 18, United States Code, is amended by inserting after imprisonment for life the following: , unless the death of the victim occurred more than 1 year and 1 day after the act or omission that caused the death of the victim, in which case the punishment shall be imprisonment for any term of years or for life.", "id": "id93e4839da56f43b4992ecb6613b64ed2", "header": "Maximum penalty for first-degree murder based on time period between act or omission and death of victim", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" } ] }, { "text": "1123. No maximum time period between act or omission and death of victim \n(a) In general \nA prosecution may be instituted for any homicide offense under this title without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim. (b) Relation to statute of limitations \nNothing in subsection (a) shall be construed to supersede the limitations period under section 3282(a), to the extent applicable. (c) Maximum time period applicable if death penalty imposed \nA sentence of death may not be imposed for a homicide offense under this title unless the Government proves beyond a reasonable doubt that not more than 1 year and 1 day elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.", "id": "id4C043DF20EBF4396A94647945B338756", "header": "No maximum time period between act or omission and death of victim", "nested": [ { "text": "(a) In general \nA prosecution may be instituted for any homicide offense under this title without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.", "id": "id4471b173f91a4a2b9b7c6204d83a8c49", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Relation to statute of limitations \nNothing in subsection (a) shall be construed to supersede the limitations period under section 3282(a), to the extent applicable.", "id": "id73f7883e00db442a96dcacfcd7ee2d75", "header": "Relation to statute of limitations", "nested": [], "links": [] }, { "text": "(c) Maximum time period applicable if death penalty imposed \nA sentence of death may not be imposed for a homicide offense under this title unless the Government proves beyond a reasonable doubt that not more than 1 year and 1 day elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.", "id": "id93999df9e89b46baaa7c87c0572669e4", "header": "Maximum time period applicable if death penalty imposed", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Crime victims", "Criminal investigation, prosecution, interrogation", "Criminal procedure and sentencing", "U.S. Sentencing Commission", "Violent crime" ]

[ { "text": "1. Short title \nThis Act may be cited as the Freedom to Breathe Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Air carrier \nThe term air carrier means an air carrier conducting passenger operations under part 121 of title 14, Code of Federal Regulations. (2) Applicable period \nThe term applicable period means the period that begins on the date of enactment of this Act and ends on December 31, 2024. (3) Commuter rail passenger transportation \nThe term commuter rail passenger transportation has the meaning given the term in section 24102 of title 49, United States Code. (4) ESEA definitions \nThe terms elementary school and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (5) Covered educational institution \nThe term covered educational institution means an elementary school, secondary school, or institution of higher education, that receives Federal funds. (6) Institution of higher education \nThe term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (7) Mask \nThe term mask means a material covering the nose and mouth of the wearer, excluding face shields. (8) Mask mandate \nThe term mask mandate means an order, directive, or ordinance which requires an individual to wear a mask to travel on any conveyance, or to enter or remain in any place within the United States, in response to a public health emergency. (9) National airspace system \nThe term national airspace system has the meaning given such term in section 245.5 of title 32, Code of Federal Regulations (or a successor regulation). (10) Public transit \nThe term public transit — (A) means a regular, continuing shared-ride surface transportation service that is open to the general public or open to a segment of the general public defined by age, disability, or low income; and (B) includes— (i) intercity passenger rail transportation provided by the entity described in chapter 243 of title 49, United States Code (or a successor to such entity); (ii) intercity bus service; (iii) charter bus service; (iv) school bus service; (v) sightseeing service; (vi) courtesy shuttle service for patrons of 1 or more specific establishments; (vii) intra-terminal or intra-facility shuttle services; and (viii) commuter rail passenger transportation.", "id": "id803c08595ca04d66970a235c8cbe4e88", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "chapter 243", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/243" } ] }, { "text": "3. Restrictions on the use of Federal funds \nDuring the applicable period, notwithstanding any other provision of law, no Federal funds may be obligated or expended to propose, establish, implement, or enforce, directly or indirectly through the imposition of a condition on receipt of Federal funds, any requirement that an individual wear a mask or comply with a mask mandate while traveling as a passenger of an air carrier in the national airspace system, using public transit, or while in any elementary school, secondary school, or institution of higher education.", "id": "id99A71D7D247743498C0B4FC090B4B531", "header": "Restrictions on the use of Federal funds", "nested": [], "links": [] }, { "text": "4. Prohibitions on imposing a mask mandate on passengers of air carriers in the national airspace system \n(a) No mask requirements on passengers of air carriers in the national airspace system \nNotwithstanding any other provision of law, during the applicable period, neither the President nor any other Federal officer, employee, agency, or office shall issue or enforce an order requiring an air carrier to impose a mask mandate on individuals who are passengers of the air carrier in the national airspace system. (b) No authority To refuse air transportation \nDuring the applicable period, no certificate holder under part 119 of title 14, Code of Federal Regulations, which conducts scheduled operations under part 121 of that title, nor any other air carrier who provides passenger air transportation in the national airspace system, shall refuse transportation to a passenger on the basis that the passenger refuses to wear a mask or comply with a mask mandate while traveling in the national airspace system. (c) No authority To issue or enforce mask mandates on passenger air carrier operations in response to a public health emergency \nSection 361 of the Public Health Service Act ( 42 U.S.C. 264 ) is amended by adding at the end the following: (f) Nothing in this section authorizes the Secretary to require individuals to comply with a mask mandate (as defined in section 2 of the Freedom to Breathe Act ) while traveling as a passenger of an air carrier (as defined in such section) in the national airspace system (as defined in such section) in response to a public health emergency declared under section 319 during the applicable period (as defined in such section)..", "id": "id703e782b609a42cdb61f1c72f1878526", "header": "Prohibitions on imposing a mask mandate on passengers of air carriers in the national airspace system", "nested": [ { "text": "(a) No mask requirements on passengers of air carriers in the national airspace system \nNotwithstanding any other provision of law, during the applicable period, neither the President nor any other Federal officer, employee, agency, or office shall issue or enforce an order requiring an air carrier to impose a mask mandate on individuals who are passengers of the air carrier in the national airspace system.", "id": "id176c7e007f4c4b4cac07c26fcdc88742", "header": "No mask requirements on passengers of air carriers in the national airspace system", "nested": [], "links": [] }, { "text": "(b) No authority To refuse air transportation \nDuring the applicable period, no certificate holder under part 119 of title 14, Code of Federal Regulations, which conducts scheduled operations under part 121 of that title, nor any other air carrier who provides passenger air transportation in the national airspace system, shall refuse transportation to a passenger on the basis that the passenger refuses to wear a mask or comply with a mask mandate while traveling in the national airspace system.", "id": "id8d4996810ef1427c8d00b892b2772250", "header": "No authority To refuse air transportation", "nested": [], "links": [] }, { "text": "(c) No authority To issue or enforce mask mandates on passenger air carrier operations in response to a public health emergency \nSection 361 of the Public Health Service Act ( 42 U.S.C. 264 ) is amended by adding at the end the following: (f) Nothing in this section authorizes the Secretary to require individuals to comply with a mask mandate (as defined in section 2 of the Freedom to Breathe Act ) while traveling as a passenger of an air carrier (as defined in such section) in the national airspace system (as defined in such section) in response to a public health emergency declared under section 319 during the applicable period (as defined in such section)..", "id": "idB95F2853059B4EE7BE9E684947E46FE3", "header": "No authority To issue or enforce mask mandates on passenger air carrier operations in response to a public health emergency", "nested": [], "links": [ { "text": "42 U.S.C. 264", "legal-doc": "usc", "parsable-cite": "usc/42/264" } ] } ], "links": [ { "text": "42 U.S.C. 264", "legal-doc": "usc", "parsable-cite": "usc/42/264" } ] }, { "text": "5. Prohibitions on imposing a mask mandate on passengers using public transit \n(a) No mask requirements on passengers using public transit \nNotwithstanding any other provision of law, during the applicable period, neither the President nor any other Federal officer, employee, agency, or office shall issue or enforce an order requiring a Federal, State, or local public transit agency or authority to impose a mask mandate on passengers using public transit. (b) No authority To refuse public transit \nDuring the applicable period, no public transit operator shall refuse transportation to a passenger on the basis that the passenger refuses to wear a mask or comply with a mask mandate. (c) No authority To issue or enforce mask mandates on passenger air carrier operations in response to a public health emergency \nSection 361 of the Public Health Service Act ( 42 U.S.C. 264 ), as amended by section 4(c), is amended by adding at the end the following: (g) Nothing in this section authorizes the Secretary to require individuals to comply with a mask mandate (as defined in section 2 of the Freedom to Breathe Act ) while using public transit (as defined in such section) in response to a public health emergency declared under section 319 during the applicable period (as defined in such section)..", "id": "idbe0b9abdbaa04addab71ea558abe9fa1", "header": "Prohibitions on imposing a mask mandate on passengers using public transit", "nested": [ { "text": "(a) No mask requirements on passengers using public transit \nNotwithstanding any other provision of law, during the applicable period, neither the President nor any other Federal officer, employee, agency, or office shall issue or enforce an order requiring a Federal, State, or local public transit agency or authority to impose a mask mandate on passengers using public transit.", "id": "id28282524EFF744D89F0327BB548A2CE1", "header": "No mask requirements on passengers using public transit", "nested": [], "links": [] }, { "text": "(b) No authority To refuse public transit \nDuring the applicable period, no public transit operator shall refuse transportation to a passenger on the basis that the passenger refuses to wear a mask or comply with a mask mandate.", "id": "id0F202BDB6DF74A0E8831E869684135EA", "header": "No authority To refuse public transit", "nested": [], "links": [] }, { "text": "(c) No authority To issue or enforce mask mandates on passenger air carrier operations in response to a public health emergency \nSection 361 of the Public Health Service Act ( 42 U.S.C. 264 ), as amended by section 4(c), is amended by adding at the end the following: (g) Nothing in this section authorizes the Secretary to require individuals to comply with a mask mandate (as defined in section 2 of the Freedom to Breathe Act ) while using public transit (as defined in such section) in response to a public health emergency declared under section 319 during the applicable period (as defined in such section)..", "id": "idA6DF0A68E8014D429E43C426372053DF", "header": "No authority To issue or enforce mask mandates on passenger air carrier operations in response to a public health emergency", "nested": [], "links": [ { "text": "42 U.S.C. 264", "legal-doc": "usc", "parsable-cite": "usc/42/264" } ] } ], "links": [ { "text": "42 U.S.C. 264", "legal-doc": "usc", "parsable-cite": "usc/42/264" } ] }, { "text": "6. Prohibitions on imposing a mask mandate in education settings \n(a) No mask requirements in schools or institutions of higher education \nNotwithstanding any other provision of law, during the applicable period, neither the President nor any other Federal officer, employee, agency, or office, shall issue or enforce a mask mandate requiring individuals to wear a mask in any elementary school, secondary school, or institution of higher education. (b) No authority To refuse access to education \nDuring the applicable period, a covered educational institution shall not refuse entry to or participation in any educational service or activity to a student, teacher, parent, or other individual on the basis that the student, teacher, parent, or other individual refuses to wear a mask or comply with a mask mandate during the educational service or activity. (c) No authority To issue or enforce mask mandates in educational settings in response to a public health emergency \nSection 361 of the Public Health Service Act ( 42 U.S.C. 264 ), as amended by section 5(c), is further amended by adding at the end the following: (h) Nothing in this section authorizes the Secretary to require individuals to comply with a mask mandate (as defined in section 2 of the Freedom to Breathe Act ) in any elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965) or institution of higher education (as defined in section 102 of the Higher Education Act of 1965) in response to a public health emergency declared under section 319 9 during the applicable period (as defined in such section)..", "id": "idE3E85715799F4986AE8BBFC532F7D1DB", "header": "Prohibitions on imposing a mask mandate in education settings", "nested": [ { "text": "(a) No mask requirements in schools or institutions of higher education \nNotwithstanding any other provision of law, during the applicable period, neither the President nor any other Federal officer, employee, agency, or office, shall issue or enforce a mask mandate requiring individuals to wear a mask in any elementary school, secondary school, or institution of higher education.", "id": "id040ae73d58e548f2be479dd4d4d7421e", "header": "No mask requirements in schools or institutions of higher education", "nested": [], "links": [] }, { "text": "(b) No authority To refuse access to education \nDuring the applicable period, a covered educational institution shall not refuse entry to or participation in any educational service or activity to a student, teacher, parent, or other individual on the basis that the student, teacher, parent, or other individual refuses to wear a mask or comply with a mask mandate during the educational service or activity.", "id": "idF34D1D473DC345EAA31AF87E30DDE112", "header": "No authority To refuse access to education", "nested": [], "links": [] }, { "text": "(c) No authority To issue or enforce mask mandates in educational settings in response to a public health emergency \nSection 361 of the Public Health Service Act ( 42 U.S.C. 264 ), as amended by section 5(c), is further amended by adding at the end the following: (h) Nothing in this section authorizes the Secretary to require individuals to comply with a mask mandate (as defined in section 2 of the Freedom to Breathe Act ) in any elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965) or institution of higher education (as defined in section 102 of the Higher Education Act of 1965) in response to a public health emergency declared under section 319 9 during the applicable period (as defined in such section)..", "id": "id993A15E72A054E6084176617868BE936", "header": "No authority To issue or enforce mask mandates in educational settings in response to a public health emergency", "nested": [], "links": [ { "text": "42 U.S.C. 264", "legal-doc": "usc", "parsable-cite": "usc/42/264" } ] } ], "links": [ { "text": "42 U.S.C. 264", "legal-doc": "usc", "parsable-cite": "usc/42/264" } ] }, { "text": "7. Regulations \nNot later than 90 days after the date of enactment of this Act, the head of each Federal agency or office to which this Act applies shall issue such new or revised regulations as are necessary to carry out this Act.", "id": "id19e827f993f1454b951b7a61aef896e9", "header": "Regulations", "nested": [], "links": [] }, { "text": "8. Preemption \nThe provisions of this Act shall supersede any provision of Federal, State, Tribal, territorial, or local law, declaration, guidance, or directive to the extent that such laws, declarations, guidance, or directives are inconsistent with this Act.", "id": "id669d0b32d9c341ab83b3d0276d1abea8", "header": "Preemption", "nested": [], "links": [] } ]

[ "Aviation and airports", "Elementary and secondary education", "Federal preemption", "Health promotion and preventive care", "Health technology, devices, supplies", "Higher education", "Public transit" ]

[ { "text": "1. Sgt. Wolfgang Kyle Weninger Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 12804 Chillicothe Road in Chesterland, Ohio, shall be known and designated as the Sgt. Wolfgang Kyle Weninger 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 Sgt. Wolfgang Kyle Weninger Post Office Building.", "id": "H426ED5F983794B018D07CA5E35A6C4DB", "header": "Sgt. Wolfgang Kyle Weninger Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 12804 Chillicothe Road in Chesterland, Ohio, shall be known and designated as the Sgt. Wolfgang Kyle Weninger Post Office Building.", "id": "H0112A05F0E124C5BBB45C186BAA83AB7", "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 Sgt. Wolfgang Kyle Weninger Post Office Building.", "id": "H72D40EDF6B9648B4BEE685DF49AFD704", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional tributes", "Government buildings, facilities, and property", "Ohio", "Postal service" ]

[ { "text": "1. Short title \nThis Act may be cited as the Recruit and Retain Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving COPS grants for police hiring purposes \n(a) Grant use expansion \nSection 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) ) is amended— (1) by redesignating paragraphs (5) through (23) as paragraphs (6) through (24), respectively; and (2) by inserting after paragraph (4) the following: (5) to support hiring activities by law enforcement agencies experiencing declines in officer recruitment applications by reducing application-related fees, such as fees for background checks, psychological evaluations, and testing;. (b) Technical amendment \nSection 1701(b)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(23) ) is amended by striking (21) and inserting (22).", "id": "id5D1347A7A577445F973D8F035C9A7E65", "header": "Improving COPS grants for police hiring purposes", "nested": [ { "text": "(a) Grant use expansion \nSection 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) ) is amended— (1) by redesignating paragraphs (5) through (23) as paragraphs (6) through (24), respectively; and (2) by inserting after paragraph (4) the following: (5) to support hiring activities by law enforcement agencies experiencing declines in officer recruitment applications by reducing application-related fees, such as fees for background checks, psychological evaluations, and testing;.", "id": "idD7676D35D5DD47A496D7AF2854640C79", "header": "Grant use expansion", "nested": [], "links": [ { "text": "34 U.S.C. 10381(b)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "(b) Technical amendment \nSection 1701(b)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(23) ) is amended by striking (21) and inserting (22).", "id": "id4BAEC765D2A349A58C931B92C0234846", "header": "Technical amendment", "nested": [], "links": [ { "text": "34 U.S.C. 10381(b)(23)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] } ], "links": [ { "text": "34 U.S.C. 10381(b)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" }, { "text": "34 U.S.C. 10381(b)(23)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "3. Administrative costs \nSection 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) by redesignating subsections (i) through (n) as subsections (j) through (o), respectively; and (2) by inserting after subsection (h) the following: (i) Administrative costs \nNot more than 2 percent of a grant made for the hiring or rehiring of additional career law enforcement officers may be used for costs incurred to administer such grant..", "id": "idB56707670BB2445BBA3ED9FB3CAA873A", "header": "Administrative costs", "nested": [], "links": [ { "text": "34 U.S.C. 10381", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "4. Pipeline Partnership Program \nSection 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended by inserting after subsection (o) the following: (p) COPS Pipeline Partnership Program \n(1) Eligible entity defined \nIn this subsection, the term eligible entity means a law enforcement agency in partnership with not less than 1 educational institution, which may include 1 or any combination of the following: (A) An elementary school. (B) A secondary school. (C) An institution of higher education. (D) A Hispanic-serving institution. (E) A historically Black college or university. (F) A Tribal college. (2) Grants \nThe Attorney General shall award competitive grants to eligible entities for recruiting activities that— (A) support substantial student engagement for the exploration of potential future career opportunities in law enforcement; (B) strengthen recruitment by law enforcement agencies experiencing a decline in recruits, or high rates of resignations or retirements; (C) enhance community interactions between local youth and law enforcement agencies that are designed to increase recruiting; and (D) otherwise improve the outcomes of local law enforcement recruitment through activities such as dedicated programming for students, work-based learning opportunities, project-based learning, mentoring, community liaisons, career or job fairs, work site visits, job shadowing, apprenticeships, or skills-based internships. (3) Funding \nOf the amounts made available to carry out this part for a fiscal year, the Attorney General may use not more than $3,000,000 to carry out this subsection..", "id": "idF2B7E6A822754BD7BE90EE92B42750F4", "header": "Pipeline Partnership Program", "nested": [], "links": [ { "text": "34 U.S.C. 10381", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "5. COPS Grant guidance for agencies operating below budgeted strength \nSection 1704 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10384 ) is amended by adding at the end the following: (d) Guidance for understaffed law enforcement agencies \n(1) Definitions \nIn this subsection: (A) Covered applicant \nThe term covered applicant means an applicant for a hiring grant under this part seeking funding for a law enforcement agency operating below the budgeted strength of the law enforcement agency. (B) Budgeted strength \nThe term budgeted strength means the employment of the maximum number of sworn law enforcement officers the budget of a law enforcement agency allows the agency to employ. (2) Procedures \nNot later than 180 days after the date of enactment of this Act, the Attorney General shall establish consistent procedures for covered applicants, including guidance that— (A) clarifies that covered applicants remain eligible for funding under this part; and (B) enables covered applicants to attest that the funding from a grant awarded under this part is not being used by the law enforcement agency to supplant State or local funds, as described in subsection (a). (3) Paperwork reduction \nIn developing the procedures and guidance under paragraph (2), the Attorney General shall take measures to reduce paperwork requirements for grants to covered applicants..", "id": "idE588310897E84CEEB7265D6D0DC33CF4", "header": "COPS Grant guidance for agencies operating below budgeted strength", "nested": [], "links": [ { "text": "34 U.S.C. 10384", "legal-doc": "usc", "parsable-cite": "usc/34/10384" } ] }, { "text": "6. Study on Police Recruitment \n(a) Study \n(1) In general \nThe Comptroller General of the United States shall conduct a study to consider the comprehensive effects of recruitment and attrition rates on Federal, State, Tribal, and local law enforcement agencies in the United States, to identify— (A) the primary reasons that law enforcement officers— (i) join law enforcement agencies; and (ii) resign or retire from law enforcement agencies; (B) how the reasons described in subparagraph (A) may have changed over time; (C) the effects of recruitment and attrition on public safety; (D) the effects of electronic media on recruitment efforts; (E) barriers to the recruitment and retention of Federal, State, and local law enforcement officers; and (F) recommendations for potential ways to address barriers to the recruitment and retention of law enforcement officers, including the barriers identified in subparagraph (E). (2) Representative cross-section \n(A) In general \nThe Comptroller General of the United States shall endeavor to ensure accurate representation of law enforcement agencies in the study conducted pursuant to paragraph (1) by surveying a broad cross-section of law enforcement agencies— (i) from various regions of the United States; (ii) of different sizes; and (iii) from rural, suburban, and urban jurisdictions. (B) Methods description \nThe study conducted pursuant to paragraph (1) shall include in the report under subsection (b) a description of the methods used to identify a representative sample of law enforcement agencies. (b) Report \nNot later than 540 days after the date of enactment of this Act, the Comptroller General of the United States shall— (1) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the study conducted under subsection (a); and (2) make the report submitted under paragraph (1) publicly available online. (c) Confidentiality \nThe Comptroller General of the United States shall ensure that the study conducted under subsection (a) protects the privacy of participating law enforcement agencies.", "id": "idDC741C077391422F92C67A2AC2692A58", "header": "Study on Police Recruitment", "nested": [ { "text": "(a) Study \n(1) In general \nThe Comptroller General of the United States shall conduct a study to consider the comprehensive effects of recruitment and attrition rates on Federal, State, Tribal, and local law enforcement agencies in the United States, to identify— (A) the primary reasons that law enforcement officers— (i) join law enforcement agencies; and (ii) resign or retire from law enforcement agencies; (B) how the reasons described in subparagraph (A) may have changed over time; (C) the effects of recruitment and attrition on public safety; (D) the effects of electronic media on recruitment efforts; (E) barriers to the recruitment and retention of Federal, State, and local law enforcement officers; and (F) recommendations for potential ways to address barriers to the recruitment and retention of law enforcement officers, including the barriers identified in subparagraph (E). (2) Representative cross-section \n(A) In general \nThe Comptroller General of the United States shall endeavor to ensure accurate representation of law enforcement agencies in the study conducted pursuant to paragraph (1) by surveying a broad cross-section of law enforcement agencies— (i) from various regions of the United States; (ii) of different sizes; and (iii) from rural, suburban, and urban jurisdictions. (B) Methods description \nThe study conducted pursuant to paragraph (1) shall include in the report under subsection (b) a description of the methods used to identify a representative sample of law enforcement agencies.", "id": "id1C89F11873BC479FA65F4067895BFF0C", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 540 days after the date of enactment of this Act, the Comptroller General of the United States shall— (1) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing the study conducted under subsection (a); and (2) make the report submitted under paragraph (1) publicly available online.", "id": "idAFF3A5EE280E410587715B109C99CDBD", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Confidentiality \nThe Comptroller General of the United States shall ensure that the study conducted under subsection (a) protects the privacy of participating law enforcement agencies.", "id": "idA6D4E7B93D094607A614A3279AEEDD2B", "header": "Confidentiality", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Elementary and secondary education", "Employee hiring", "Government information and archives", "Government studies and investigations", "Higher education", "Law enforcement administration and funding", "Law enforcement officers", "State and local government operations", "User charges and fees" ]

[ { "text": "1. Short title \nThis Act may be cited as the Tribal Trust Land Homeownership Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Applicable Bureau office \nThe term applicable Bureau office means— (A) a Regional office of the Bureau; (B) an Agency office of the Bureau; or (C) a Land Titles and Records Office of the Bureau. (2) Bureau \nThe term Bureau means the Bureau of Indian Affairs. (3) Director \nThe term Director means the Director of the Bureau. (4) First certified title status report \nThe term first certified title status report means the title status report needed to verify title status on Indian land. (5) Indian land \nThe term Indian land has the meaning given the term in section 162.003 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Land mortgage \nThe term land mortgage means a mortgage obtained by an individual Indian who owns a tract of trust land for the purpose of— (A) home acquisition; (B) home construction; (C) home improvements; or (D) economic development. (7) Leasehold mortgage \nThe term leasehold mortgage means a mortgage, deed of trust, or other instrument that pledges the leasehold interest of a lessee as security for a debt or other obligation owed by the lessee to a lender or other mortgagee. (8) Mortgage package \nThe term mortgage package means a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document submitted to an applicable Bureau office under section 3(a)(1). (9) Relevant Federal agency \nThe term relevant Federal agency means any of the following Federal agencies that guarantee or make direct mortgage loans on Indian land: (A) The Department of Agriculture. (B) The Department of Housing and Urban Development. (C) The Department of Veterans Affairs. (10) Right-of-way document \nThe term right-of-way document has the meaning given the term in section 169.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (11) Subsequent certified title status report \nThe term subsequent certified title status report means the title status report needed to identify any liens against a residential, business, or land lease on Indian land.", "id": "idE94CDE0494F6470181295931BBE02D7F", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Mortgage review and processing \n(a) Review and processing deadlines \n(1) In general \nAs soon as practicable after receiving a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall notify the lender that the proposed residential leasehold mortgage, business leasehold mortgage, or right-of-way document has been received. (2) Preliminary review \n(A) In general \nNot later than 10 calendar days after receipt of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall conduct and complete a preliminary review of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document to verify that all required documents are included. (B) Incomplete documents \nAs soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under subparagraph (A), the applicable Bureau office shall notify the lender of the missing documents. (3) Approval or disapproval \n(A) Leasehold mortgages \nNot later than 20 calendar days after receipt of a complete executed residential leasehold mortgage or business leasehold mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the residential leasehold mortgage or business leasehold mortgage. (B) Right-of-way documents \nNot later than 30 calendar days after receipt of a complete executed right-of-way document, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the right-of-way document. (C) Land Mortgages \nNot later than 30 calendar days after receipt of a complete executed land mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the land mortgage. (D) Requirements \nThe determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)— (i) shall be in writing; and (ii) in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination. (E) Application \nThis paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d) )) that has been approved for leasing under subsection (h) of that section (69 Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h) ). (4) Certified title status reports \n(A) Completion of reports \n(i) In general \nNot later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable— (I) a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and (II) a subsequent certified title status report. (ii) Requests for first certified title status reports \nNotwithstanding clause (i), not later than 14 calendar days after the applicable Bureau office receives a request for a first certified title status report from an applicant for a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (1), the applicable Bureau office shall complete the processing of the first certified title status report. (B) Notice \n(i) In general \nAs soon as practicable after completion of the processing of, as applicable, a first certified title status report or a subsequent certified title status report under subparagraph (A), but by not later than the applicable deadline described in that subparagraph, the applicable Bureau office shall give notice of the completion to the lender. (ii) Form of notice \nThe applicable Bureau office shall give notice under clause (i)— (I) electronically through secure, encryption software; and (II) through the United States mail. (iii) Option to opt out \nThe lender may opt out of receiving notice electronically under clause (ii)(I). (b) Notices \n(1) In general \nIf the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to— (A) the party that submitted the mortgage package or requested the first certified title status report; and (B) the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested. (2) Requests for updates \nIn addition to providing the notices required under paragraph (1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted mortgage package from the party that submitted the mortgage package or the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested or an inquiry with respect to a requested first certified title status report from the party that requested the first certified title status report, the applicable Bureau office shall respond to the inquiry. (c) Delivery of first and subsequent certified title status reports \nNotwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to— (1) the lender; (2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report; (3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and (4) if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (d) Access to trust asset and accounting management system \nBeginning on the date of enactment of this Act, the relevant Federal agencies and Indian Tribes shall have read-only access to the Trust Asset and Accounting Management System maintained by the Bureau. (e) Annual report \n(1) In general \nNot later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of— (i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and (ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and (B) the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1). (2) Requirement \nIn submitting the report required under paragraph (1), the Director shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any corresponding first certified title status reports and subsequent certified title status reports). (f) GAO study \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes— (1) an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and (2) an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau.", "id": "idBB8940BA989044018F72DC28914B6E98", "header": "Mortgage review and processing", "nested": [ { "text": "(a) Review and processing deadlines \n(1) In general \nAs soon as practicable after receiving a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall notify the lender that the proposed residential leasehold mortgage, business leasehold mortgage, or right-of-way document has been received. (2) Preliminary review \n(A) In general \nNot later than 10 calendar days after receipt of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall conduct and complete a preliminary review of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document to verify that all required documents are included. (B) Incomplete documents \nAs soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under subparagraph (A), the applicable Bureau office shall notify the lender of the missing documents. (3) Approval or disapproval \n(A) Leasehold mortgages \nNot later than 20 calendar days after receipt of a complete executed residential leasehold mortgage or business leasehold mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the residential leasehold mortgage or business leasehold mortgage. (B) Right-of-way documents \nNot later than 30 calendar days after receipt of a complete executed right-of-way document, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the right-of-way document. (C) Land Mortgages \nNot later than 30 calendar days after receipt of a complete executed land mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the land mortgage. (D) Requirements \nThe determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)— (i) shall be in writing; and (ii) in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination. (E) Application \nThis paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d) )) that has been approved for leasing under subsection (h) of that section (69 Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h) ). (4) Certified title status reports \n(A) Completion of reports \n(i) In general \nNot later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable— (I) a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and (II) a subsequent certified title status report. (ii) Requests for first certified title status reports \nNotwithstanding clause (i), not later than 14 calendar days after the applicable Bureau office receives a request for a first certified title status report from an applicant for a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (1), the applicable Bureau office shall complete the processing of the first certified title status report. (B) Notice \n(i) In general \nAs soon as practicable after completion of the processing of, as applicable, a first certified title status report or a subsequent certified title status report under subparagraph (A), but by not later than the applicable deadline described in that subparagraph, the applicable Bureau office shall give notice of the completion to the lender. (ii) Form of notice \nThe applicable Bureau office shall give notice under clause (i)— (I) electronically through secure, encryption software; and (II) through the United States mail. (iii) Option to opt out \nThe lender may opt out of receiving notice electronically under clause (ii)(I).", "id": "idDE6B0DB6AED34237B3BCFE9F110F9D11", "header": "Review and processing deadlines", "nested": [], "links": [ { "text": "25 U.S.C. 415(d)", "legal-doc": "usc", "parsable-cite": "usc/25/415" }, { "text": "25 U.S.C. 415(h)", "legal-doc": "usc", "parsable-cite": "usc/25/415" } ] }, { "text": "(b) Notices \n(1) In general \nIf the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to— (A) the party that submitted the mortgage package or requested the first certified title status report; and (B) the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested. (2) Requests for updates \nIn addition to providing the notices required under paragraph (1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted mortgage package from the party that submitted the mortgage package or the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested or an inquiry with respect to a requested first certified title status report from the party that requested the first certified title status report, the applicable Bureau office shall respond to the inquiry.", "id": "idB56FA31C28DA4A8480F5E99A4B75406D", "header": "Notices", "nested": [], "links": [] }, { "text": "(c) Delivery of first and subsequent certified title status reports \nNotwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to— (1) the lender; (2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report; (3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and (4) if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).", "id": "idADEF4A08DE40447AA9697C707C235923", "header": "Delivery of first and subsequent certified title status reports", "nested": [], "links": [] }, { "text": "(d) Access to trust asset and accounting management system \nBeginning on the date of enactment of this Act, the relevant Federal agencies and Indian Tribes shall have read-only access to the Trust Asset and Accounting Management System maintained by the Bureau.", "id": "idd725129f96b44e15adca98970b887150", "header": "Access to trust asset and accounting management system", "nested": [], "links": [] }, { "text": "(e) Annual report \n(1) In general \nNot later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of— (i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and (ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and (B) the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1). (2) Requirement \nIn submitting the report required under paragraph (1), the Director shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any corresponding first certified title status reports and subsequent certified title status reports).", "id": "idC6566410697C42158E0FCC2040B8A587", "header": "Annual report", "nested": [], "links": [] }, { "text": "(f) GAO study \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes— (1) an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and (2) an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau.", "id": "id9a3f2e6eb91e45e68d7f34cb513e9b7b", "header": "GAO study", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 415(d)", "legal-doc": "usc", "parsable-cite": "usc/25/415" }, { "text": "25 U.S.C. 415(h)", "legal-doc": "usc", "parsable-cite": "usc/25/415" } ] }, { "text": "4. Establishment of Realty Ombudsman position \n(a) In general \nThe Director shall establish within the Division of Real Estate Services of the Bureau the position of Realty Ombudsman, who shall report directly to the Secretary of the Interior. (b) Functions \nThe Realty Ombudsman shall— (1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 3(a); (2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 3; (3) serve as a liaison to other Federal agencies, including by— (A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and (B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land; (4) receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and (5) serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints.", "id": "id2919ae43700e48b9a82b4285bdedeffc", "header": "Establishment of Realty Ombudsman position", "nested": [ { "text": "(a) In general \nThe Director shall establish within the Division of Real Estate Services of the Bureau the position of Realty Ombudsman, who shall report directly to the Secretary of the Interior.", "id": "id49d6cb36a51b4c348f1f08bb02ccf289", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Functions \nThe Realty Ombudsman shall— (1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 3(a); (2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 3; (3) serve as a liaison to other Federal agencies, including by— (A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and (B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land; (4) receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and (5) serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints.", "id": "id24F9F917E7ED4A6393CDDE86BC508ECA", "header": "Functions", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional oversight", "Government information and archives", "Government studies and investigations", "Housing and Community Development", "Housing finance and home ownership", "Indian lands and resources rights", "Intergovernmental relations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Autism Family Caregivers Act of 2023.", "id": "HD854C4F54C814F78AC0C41E60B606E20", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Caregiver Skills Training Pilot Program \n(a) Authorization \nThe Secretary shall carry out a program, to be known as the Caregiver Skills Training Pilot Program, under which the Secretary shall award grants to eligible entities to provide evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental disabilities or delays, for the purposes of— (1) improving the well-being of children and their caregivers; and (2) teaching caregivers of such children evidenced-based intervention strategies to promote— (A) improvement in the well-being of such children and their caregivers; and (B) the greater inclusion of such children in family and community life. (b) Eligibility \nTo be eligible to receive a grant under subsection (a), an entity shall be— (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (c) Application \nTo seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes— (1) a description of— (A) the applicant’s experience delivering evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for— (A) coordination with community-based organizations, State and local early intervention providers, State Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; (D) achieving sustainability of such program; and (E) establishing and maintaining a stakeholder implementation committee under subsection (f). (d) Selection of grantees \n(1) Selection criteria \nIn awarding a grant to an eligible entity or a collaboration or consortium of 2 or more entities described in subsection (b), the Secretary shall require at least one of the recipients to— (A) have at least 3 years of demonstrated experience— (i) delivering culturally competent services for children with autism spectrum disorder or other developmental delays or disabilities, as well as collaborating directly with their families, including in medically underserved communities; (ii) providing services to children with autism spectrum disorder or other developmental delays or disabilities, as well as collaborating directly with their families; (iii) providing individual caregiver coaching to caregivers of children with autism spectrum disorder or other developmental delays or disabilities; and (iv) working with self-advocates or adults with autism spectrum disorder or other developmental delays or disabilities; and (B) demonstrate the ability to access resources from and collaborate with— (i) health care providers; (ii) allied health professionals; (iii) educators; (iv) social workers; and (v) nonprofessional family caregivers who assist with daily living and developmental activities, including for children with autism spectrum disorder or other developmental delays or disabilities. (2) Reducing disparities \nIn awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregiver skills training programs for children with autism spectrum disorder or other developmental delays or disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of funds \nThe recipient of a grant under this section shall use the grant— (1) to provide, at no or minimal cost to participants— (A) evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental delays or disabilities; and (B) such training in areas related to children’s learning and development, including— (i) communication skills; (ii) social engagement; (iii) daily living skills; and (iv) caregiver response strategies to severe and challenging behaviors; and (2) to establish and maintain a stakeholder implementation committee under subsection (f). (f) Stakeholder implementation committee \n(1) In general \nAs a condition on receipt of a grant under this section, an eligible entity shall agree to use the grant to establish and maintain a stakeholder implementation committee to advise on ensuring that the training provided pursuant to the grant is accessible and culturally relevant. (2) Composition \nThe members of the stakeholder implementation committee shall all be from the local community served pursuant to the grant (or the relevant metropolitan statistical area) and shall include, at a minimum, the following: (A) Family caregivers of children with autism or other developmental disabilities, including autistic caregivers and other caregivers with disabilities. (B) Pediatric health care and early intervention providers with experience providing services to children with autism or other developmental delays or disabilities. (C) Educators with experience working with children with autism or other developmental delays or disabilities. (D) Representatives of local organizations familiar with the cultural values and priorities of individuals in the local community. (E) Local government officials. (g) Requirements \n(1) Number of recipients and States \nThe Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (2) Amount \nThe total amount of each grant awarded under subsection (a) shall be not less than $500,000 over a 5-year period. (h) Supplement not supplant \nAmounts received through a grant under this section shall be used to supplement, not supplant, other amounts received to provide— (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); or (3) adaptations of a training program using evidence-based approaches to serve children of different ages, communities, and underrepresented groups. (i) Activities of the Secretary \nThe Secretary shall— (1) assist recipients of grants under subsection (a) in— (A) the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or supported by the Health Resources and Services Administration; (B) ensuring the programs of the recipients assist medically underserved communities, when possible; and (C) developing plans for achieving sustainability of the programs of the recipients; (2) conduct an annual evaluation of activities funded through grants under subsection (a), in consultation with the grant recipients, including evaluation of the effectiveness of such grants at improving health outcomes and quality of life for children with autism spectrum disorder or other developmental delays or disabilities and their family caregivers; and (3) convene at least one national or regional meeting of such grant recipients to discuss best practices. (j) Reports \n(1) Initial report \nNot later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. Such report shall include— (A) how many grants have been awarded; (B) the name and location of the grant recipients; (C) the communities impacted by the grants; (D) a description of the kind of activities to be carried out with the grants; (E) an analysis, conducted by the Secretary, based on the evaluation under subsection (i)(2), of the effectiveness of such grants at improving health outcomes and quality of life for children with autism or other developmental delays or disabilities and their family caregivers; and (F) best practices to increase access to caregiver skills training programs described in subsection (a) in medically underserved communities. (2) Final report \nNot later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including— (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. (k) Definitions \nIn this section: (1) The term family caregiver means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, a child between the ages of 0 and 9 diagnosed with autism spectrum disorder or other developmental disabilities or delays. (2) The term Federally qualified health center has the meaning given the term in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) ). (3) The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration. (l) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028.", "id": "HD0C8CA138A1E4002A35632F5BD021E46", "header": "Caregiver Skills Training Pilot Program", "nested": [ { "text": "(a) Authorization \nThe Secretary shall carry out a program, to be known as the Caregiver Skills Training Pilot Program, under which the Secretary shall award grants to eligible entities to provide evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental disabilities or delays, for the purposes of— (1) improving the well-being of children and their caregivers; and (2) teaching caregivers of such children evidenced-based intervention strategies to promote— (A) improvement in the well-being of such children and their caregivers; and (B) the greater inclusion of such children in family and community life.", "id": "H3C757B4D467F4811B057048815498F21", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Eligibility \nTo be eligible to receive a grant under subsection (a), an entity shall be— (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4).", "id": "H70A63C13CD334F74B78BD789183EB999", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Application \nTo seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes— (1) a description of— (A) the applicant’s experience delivering evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for— (A) coordination with community-based organizations, State and local early intervention providers, State Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; (D) achieving sustainability of such program; and (E) establishing and maintaining a stakeholder implementation committee under subsection (f).", "id": "H377754DE88FF411BBF299915F259D017", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Selection of grantees \n(1) Selection criteria \nIn awarding a grant to an eligible entity or a collaboration or consortium of 2 or more entities described in subsection (b), the Secretary shall require at least one of the recipients to— (A) have at least 3 years of demonstrated experience— (i) delivering culturally competent services for children with autism spectrum disorder or other developmental delays or disabilities, as well as collaborating directly with their families, including in medically underserved communities; (ii) providing services to children with autism spectrum disorder or other developmental delays or disabilities, as well as collaborating directly with their families; (iii) providing individual caregiver coaching to caregivers of children with autism spectrum disorder or other developmental delays or disabilities; and (iv) working with self-advocates or adults with autism spectrum disorder or other developmental delays or disabilities; and (B) demonstrate the ability to access resources from and collaborate with— (i) health care providers; (ii) allied health professionals; (iii) educators; (iv) social workers; and (v) nonprofessional family caregivers who assist with daily living and developmental activities, including for children with autism spectrum disorder or other developmental delays or disabilities. (2) Reducing disparities \nIn awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregiver skills training programs for children with autism spectrum disorder or other developmental delays or disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds.", "id": "H0D0F1CFF422649FDB3478420A634F5E3", "header": "Selection of grantees", "nested": [], "links": [] }, { "text": "(e) Use of funds \nThe recipient of a grant under this section shall use the grant— (1) to provide, at no or minimal cost to participants— (A) evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental delays or disabilities; and (B) such training in areas related to children’s learning and development, including— (i) communication skills; (ii) social engagement; (iii) daily living skills; and (iv) caregiver response strategies to severe and challenging behaviors; and (2) to establish and maintain a stakeholder implementation committee under subsection (f).", "id": "H17806ED9AC9F4312A5091C3366046E89", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(f) Stakeholder implementation committee \n(1) In general \nAs a condition on receipt of a grant under this section, an eligible entity shall agree to use the grant to establish and maintain a stakeholder implementation committee to advise on ensuring that the training provided pursuant to the grant is accessible and culturally relevant. (2) Composition \nThe members of the stakeholder implementation committee shall all be from the local community served pursuant to the grant (or the relevant metropolitan statistical area) and shall include, at a minimum, the following: (A) Family caregivers of children with autism or other developmental disabilities, including autistic caregivers and other caregivers with disabilities. (B) Pediatric health care and early intervention providers with experience providing services to children with autism or other developmental delays or disabilities. (C) Educators with experience working with children with autism or other developmental delays or disabilities. (D) Representatives of local organizations familiar with the cultural values and priorities of individuals in the local community. (E) Local government officials.", "id": "HD8F43AE97E1A48CA952C0807BD9737C5", "header": "Stakeholder implementation committee", "nested": [], "links": [] }, { "text": "(g) Requirements \n(1) Number of recipients and States \nThe Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (2) Amount \nThe total amount of each grant awarded under subsection (a) shall be not less than $500,000 over a 5-year period.", "id": "H071816B4BD7040FCA71A464FF8E1AE88", "header": "Requirements", "nested": [], "links": [] }, { "text": "(h) Supplement not supplant \nAmounts received through a grant under this section shall be used to supplement, not supplant, other amounts received to provide— (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); or (3) adaptations of a training program using evidence-based approaches to serve children of different ages, communities, and underrepresented groups.", "id": "H031F8A1ABC2640ECA460D01AC57B28B4", "header": "Supplement not supplant", "nested": [], "links": [ { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] }, { "text": "(i) Activities of the Secretary \nThe Secretary shall— (1) assist recipients of grants under subsection (a) in— (A) the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or supported by the Health Resources and Services Administration; (B) ensuring the programs of the recipients assist medically underserved communities, when possible; and (C) developing plans for achieving sustainability of the programs of the recipients; (2) conduct an annual evaluation of activities funded through grants under subsection (a), in consultation with the grant recipients, including evaluation of the effectiveness of such grants at improving health outcomes and quality of life for children with autism spectrum disorder or other developmental delays or disabilities and their family caregivers; and (3) convene at least one national or regional meeting of such grant recipients to discuss best practices.", "id": "H68795FA5569846F09FE6FAA81E74F425", "header": "Activities of the Secretary", "nested": [], "links": [] }, { "text": "(j) Reports \n(1) Initial report \nNot later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. Such report shall include— (A) how many grants have been awarded; (B) the name and location of the grant recipients; (C) the communities impacted by the grants; (D) a description of the kind of activities to be carried out with the grants; (E) an analysis, conducted by the Secretary, based on the evaluation under subsection (i)(2), of the effectiveness of such grants at improving health outcomes and quality of life for children with autism or other developmental delays or disabilities and their family caregivers; and (F) best practices to increase access to caregiver skills training programs described in subsection (a) in medically underserved communities. (2) Final report \nNot later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including— (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section.", "id": "H491BA00B87CC42549E72A03D0E064BEB", "header": "Reports", "nested": [], "links": [] }, { "text": "(k) Definitions \nIn this section: (1) The term family caregiver means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, a child between the ages of 0 and 9 diagnosed with autism spectrum disorder or other developmental disabilities or delays. (2) The term Federally qualified health center has the meaning given the term in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) ). (3) The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration.", "id": "H6097C3B31774477BAECADA84C7A67667", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(l) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028.", "id": "HE1D594587DD44B8CB8F2C49FA89B4450", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" }, { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] } ]

[ "Child care and development", "Child health", "Congressional oversight", "Family services", "Hereditary and development disorders", "Performance measurement" ]

[ { "text": "1. Short title \nThis Act may be cited as the International Nuclear Energy Act of 2023.", "id": "id66EBAF96F5AF4A7E95F80C59EC24D078", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Advanced nuclear reactor \nThe term advanced nuclear reactor means— (A) a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on October 19, 2016, including improvements such as— (i) additional inherent safety features; (ii) lower waste yields; (iii) improved fuel and material performance; (iv) increased tolerance to loss of fuel cooling; (v) enhanced reliability or improved resilience; (vi) increased proliferation resistance; (vii) increased thermal efficiency; (viii) reduced consumption of cooling water and other environmental impacts; (ix) the ability to integrate into electric applications and nonelectric applications; (x) modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and (xi) operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage; (B) a fusion reactor; and (C) a radioisotope power system that utilizes heat from radioactive decay to generate energy. (2) Ally or partner nation \nThe term ally or partner nation means— (A) the Government of any country that is a member of the Organisation for Economic Co-operation and Development; (B) the Government of the Republic of India; and (C) the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this Act. (3) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committees on Foreign Relations and Energy and Natural Resources of the Senate; and (B) the Committees on Foreign Affairs and Energy and Commerce of the House of Representatives. (4) Assistant \nThe term Assistant means the Assistant to the President and Director for International Nuclear Energy Policy described in section 3(a)(1)(D). (5) Associated entity \nThe term associated entity means an entity that— (A) is owned, controlled, or operated by— (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph. (6) Associated individual \nThe term associated individual means a foreign national who is a national of a country described in paragraph (2). (7) Civil nuclear \nThe term civil nuclear means activities relating to— (A) nuclear plant construction; (B) nuclear fuel services; (C) nuclear energy financing; (D) nuclear plant operations; (E) nuclear plant regulation; (F) nuclear medicine; (G) nuclear safety; (H) community engagement in areas in reasonable proximity to nuclear sites; (I) infrastructure support for nuclear energy; (J) nuclear plant decommissioning; (K) nuclear liability; (L) safe storage and safe disposal of spent nuclear fuel; (M) environmental safeguards; (N) nuclear nonproliferation and security; and (O) technology related to the matters described in subparagraphs (A) through (N). (8) Embarking civil nuclear nation \n(A) In general \nThe term embarking civil nuclear nation means a country that— (i) does not have a civil nuclear energy program; (ii) is in the process of developing or expanding a civil nuclear energy program, including safeguards and a legal and regulatory framework, for— (I) nuclear safety; (II) nuclear security; (III) radioactive waste management; (IV) civil nuclear energy; (V) environmental safeguards; (VI) community engagement in areas in reasonable proximity to nuclear sites; (VII) nuclear liability; or (VIII) advanced nuclear reactor licensing; (iii) is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced civil nuclear technologies; or (iv) had an annual per capita gross domestic product of not more than $28,000 in 2020. (B) Exclusions \nThe term embarking civil nuclear nation does not include— (i) the People’s Republic of China; (ii) the Russian Federation; (iii) the Republic of Belarus; (iv) the Islamic Republic of Iran; (v) the Democratic People’s Republic of Korea; (vi) the Republic of Cuba; (vii) the Bolivarian Republic of Venezuela; (viii) the Syrian Arab Republic; (ix) Burma; or (x) any other country— (I) the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (II) the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of— (aa) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (bb) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); (cc) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); or (dd) any other relevant provision of law. (9) Nuclear safety \nThe term nuclear safety means issues relating to the design, construction, operation, or decommissioning of nuclear facilities in a manner that ensures adequate protection of workers, the public, and the environment, including— (A) the safe operation of nuclear reactors and other nuclear facilities; (B) radiological protection of— (i) members of the public; (ii) workers; and (iii) the environment; (C) nuclear waste management; (D) emergency preparedness; (E) nuclear liability; and (F) the safe transportation of nuclear materials. (10) Secretary \nThe term Secretary means the Secretary of Energy. (11) Spent nuclear fuel \nThe term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (12) U.S. nuclear energy company \nThe term U.S. nuclear energy company means a company that— (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry.", "id": "id00D3A0C3CC6342E99CD52F03EEA24229", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "22 U.S.C. 2371(a)", "legal-doc": "usc", "parsable-cite": "usc/22/2371" }, { "text": "22 U.S.C. 2780(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2780" }, { "text": "50 U.S.C. 4813(c)(1)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/50/4813" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" } ] }, { "text": "3. Civil nuclear coordination and strategy \n(a) White House focal point on civil nuclear coordination \n(1) Sense of Congress \nGiven the critical importance of developing and implementing, with input from various agencies throughout the executive branch, a cohesive policy with respect to international efforts related to civil nuclear energy, it is the sense of Congress that— (A) there should be a focal point within the White House, which may, if determined to be appropriate, report to the National Security Council, for coordination on issues relating to those efforts; (B) to provide that focal point, the President should establish, within the Executive Office of the President, an office, to be known as the Office of the Assistant to the President and Director for International Nuclear Energy Policy (referred to in this subsection as the Office ); (C) the Office should act as a coordinating office for— (i) international civil nuclear cooperation; and (ii) civil nuclear export strategy; (D) the Office should be headed by an individual appointed as an Assistant to the President with the title of Director for International Nuclear Energy Policy ; and (E) the Office should— (i) coordinate civil nuclear export policies for the United States; (ii) develop, in coordination with the officials described in paragraph (2), a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and the governments of embarking civil nuclear nations), associated entities, and associated individuals with respect to civil nuclear exports; (iii) coordinate with the officials described in paragraph (2) to ensure that necessary framework agreements and trade controls relating to civil nuclear materials and technologies are in place for key markets; and (iv) develop— (I) a whole-of-government coordinating strategy for civil nuclear cooperation; (II) a whole-of-government strategy for civil nuclear exports; and (III) a whole-of-government approach to support appropriate foreign investment in civil nuclear energy projects supported by the United States in embarking civil nuclear nations. (2) Officials described \nThe officials referred to in paragraph (1)(E) are— (A) the appropriate officials of— (i) the Department of State; (ii) the Department of Energy; (iii) the Department of Commerce; (iv) the Department of Transportation; (v) the Nuclear Regulatory Commission; (vi) the Department of Defense; (vii) the National Security Council; (viii) the National Economic Council; (ix) the Office of the United States Trade Representative; (x) the Office of Management and Budget; (xi) the Office of the Director of National Intelligence; (xii) the Export-Import Bank of the United States; (xiii) the United States International Development Finance Corporation; (xiv) the United States Agency for International Development; (xv) the United States Trade and Development Agency; (xvi) the Office of Science and Technology Policy; and (xvii) any other Federal agency that the President determines to be appropriate; and (B) appropriate officials representing foreign countries and governments, including— (i) ally or partner nations; (ii) embarking civil nuclear nations; and (iii) any other country or government that the Assistant (if appointed) and the officials described in subparagraph (A) jointly determine to be appropriate. (b) Nuclear Exports Working Group \n(1) Establishment \nThere is established a working group, to be known as the Nuclear Exports Working Group (referred to in this subsection as the working group ). (2) Composition \nThe working group shall be composed of— (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. (3) Reporting \nThe working group shall report to the appropriate White House official, which may be the Assistant (if appointed). (4) Duties \nThe working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A). (5) Strategy \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions. (B) Collaboration required \nIn establishing the strategy under subparagraph (A), the working group shall collaborate with— (i) the Secretary; (ii) the Secretary of Commerce; (iii) the Secretary of State; (iv) the Secretary of the Treasury; (v) the Nuclear Regulatory Commission; (vi) the President of the Export-Import Bank of the United States; (vii) the Chief Executive Officer of the United States International Development Finance Corporation; (viii) the United States Trade Representative; and (ix) representatives of private industry.", "id": "id072e623f75884b08a1c22e9b52907926", "header": "Civil nuclear coordination and strategy", "nested": [ { "text": "(a) White House focal point on civil nuclear coordination \n(1) Sense of Congress \nGiven the critical importance of developing and implementing, with input from various agencies throughout the executive branch, a cohesive policy with respect to international efforts related to civil nuclear energy, it is the sense of Congress that— (A) there should be a focal point within the White House, which may, if determined to be appropriate, report to the National Security Council, for coordination on issues relating to those efforts; (B) to provide that focal point, the President should establish, within the Executive Office of the President, an office, to be known as the Office of the Assistant to the President and Director for International Nuclear Energy Policy (referred to in this subsection as the Office ); (C) the Office should act as a coordinating office for— (i) international civil nuclear cooperation; and (ii) civil nuclear export strategy; (D) the Office should be headed by an individual appointed as an Assistant to the President with the title of Director for International Nuclear Energy Policy ; and (E) the Office should— (i) coordinate civil nuclear export policies for the United States; (ii) develop, in coordination with the officials described in paragraph (2), a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and the governments of embarking civil nuclear nations), associated entities, and associated individuals with respect to civil nuclear exports; (iii) coordinate with the officials described in paragraph (2) to ensure that necessary framework agreements and trade controls relating to civil nuclear materials and technologies are in place for key markets; and (iv) develop— (I) a whole-of-government coordinating strategy for civil nuclear cooperation; (II) a whole-of-government strategy for civil nuclear exports; and (III) a whole-of-government approach to support appropriate foreign investment in civil nuclear energy projects supported by the United States in embarking civil nuclear nations. (2) Officials described \nThe officials referred to in paragraph (1)(E) are— (A) the appropriate officials of— (i) the Department of State; (ii) the Department of Energy; (iii) the Department of Commerce; (iv) the Department of Transportation; (v) the Nuclear Regulatory Commission; (vi) the Department of Defense; (vii) the National Security Council; (viii) the National Economic Council; (ix) the Office of the United States Trade Representative; (x) the Office of Management and Budget; (xi) the Office of the Director of National Intelligence; (xii) the Export-Import Bank of the United States; (xiii) the United States International Development Finance Corporation; (xiv) the United States Agency for International Development; (xv) the United States Trade and Development Agency; (xvi) the Office of Science and Technology Policy; and (xvii) any other Federal agency that the President determines to be appropriate; and (B) appropriate officials representing foreign countries and governments, including— (i) ally or partner nations; (ii) embarking civil nuclear nations; and (iii) any other country or government that the Assistant (if appointed) and the officials described in subparagraph (A) jointly determine to be appropriate.", "id": "id0B75E80C496C40A4A80172F909EBE123", "header": "White House focal point on civil nuclear coordination", "nested": [], "links": [] }, { "text": "(b) Nuclear Exports Working Group \n(1) Establishment \nThere is established a working group, to be known as the Nuclear Exports Working Group (referred to in this subsection as the working group ). (2) Composition \nThe working group shall be composed of— (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. (3) Reporting \nThe working group shall report to the appropriate White House official, which may be the Assistant (if appointed). (4) Duties \nThe working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A). (5) Strategy \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions. (B) Collaboration required \nIn establishing the strategy under subparagraph (A), the working group shall collaborate with— (i) the Secretary; (ii) the Secretary of Commerce; (iii) the Secretary of State; (iv) the Secretary of the Treasury; (v) the Nuclear Regulatory Commission; (vi) the President of the Export-Import Bank of the United States; (vii) the Chief Executive Officer of the United States International Development Finance Corporation; (viii) the United States Trade Representative; and (ix) representatives of private industry.", "id": "idBB34409C82B14DE4B758A6BC754F5B87", "header": "Nuclear Exports Working Group", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Engagement with ally or partner nations \n(a) In general \nThe President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear nations. (b) Financing \nIn carrying out the initiative described in subsection (a), the President, acting through an appropriate Federal official, who may be the Assistant (if appointed) or the Chief Executive Officer of the International Development Finance Corporation, if determined to be appropriate, and in coordination with the officials described in section 3(a)(2), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations. (c) Activities \nIn carrying out the initiative described in subsection (a), the President shall— (1) assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy and other relevant Federal agencies and offices in providing education and training to foreign governments in nuclear safety, security, and safeguards— (A) through engagement with the International Atomic Energy Agency; or (B) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; (2) assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards; (3) coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation and the Export-Import Bank of the United States to expand outreach to the private investment community to create public-private financing relationships to assist in the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States; (4) seek to better coordinate, to the maximum extent practicable, the work carried out by each of— (A) the Nuclear Regulatory Commission; (B) the Department of Energy; (C) the Department of Commerce; (D) the Nuclear Energy Agency; (E) the International Atomic Energy Agency; and (F) the nuclear regulatory agencies and organizations of embarking civil nuclear nations and ally or partner nations; and (5) coordinate the work of the Export-Import Bank of the United States to improve the efficient and effective exporting and importing of civil nuclear technologies and materials.", "id": "idEE1B49BCC1734656891A55B2F3F0746C", "header": "Engagement with ally or partner nations", "nested": [ { "text": "(a) In general \nThe President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear nations.", "id": "id2cfae9a781974e3389df0ad8f207564b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Financing \nIn carrying out the initiative described in subsection (a), the President, acting through an appropriate Federal official, who may be the Assistant (if appointed) or the Chief Executive Officer of the International Development Finance Corporation, if determined to be appropriate, and in coordination with the officials described in section 3(a)(2), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations.", "id": "idF2C3D9B501EC4931B039648553D2A841", "header": "Financing", "nested": [], "links": [] }, { "text": "(c) Activities \nIn carrying out the initiative described in subsection (a), the President shall— (1) assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy and other relevant Federal agencies and offices in providing education and training to foreign governments in nuclear safety, security, and safeguards— (A) through engagement with the International Atomic Energy Agency; or (B) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; (2) assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards; (3) coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation and the Export-Import Bank of the United States to expand outreach to the private investment community to create public-private financing relationships to assist in the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States; (4) seek to better coordinate, to the maximum extent practicable, the work carried out by each of— (A) the Nuclear Regulatory Commission; (B) the Department of Energy; (C) the Department of Commerce; (D) the Nuclear Energy Agency; (E) the International Atomic Energy Agency; and (F) the nuclear regulatory agencies and organizations of embarking civil nuclear nations and ally or partner nations; and (5) coordinate the work of the Export-Import Bank of the United States to improve the efficient and effective exporting and importing of civil nuclear technologies and materials.", "id": "idbd158a4941ad4c3abcf42355ea71aafe", "header": "Activities", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Cooperative financing relationships with ally or partner nations and embarking civil nuclear nations \n(a) In general \nThe President shall designate an appropriate White House official, who may be the Assistant (if appointed), and the Chief Executive Officer of the United States International Development Finance Corporation to coordinate with the officials described in section 3(a)(2) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations. (b) United States competitiveness clauses \n(1) Definition of United States competitiveness clause \nIn this subsection, the term United States competitiveness clause means any United States competitiveness provision in any agreement entered into by the Department of Energy, including— (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. (2) Consideration \nIn carrying out subsection (a), the relevant officials described in that subsection shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that subsection. (3) Waiver \nThe Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under subsection (a).", "id": "idA69B9734C703441C8970688C7967B8CC", "header": "Cooperative financing relationships with ally or partner nations and embarking civil nuclear nations", "nested": [ { "text": "(a) In general \nThe President shall designate an appropriate White House official, who may be the Assistant (if appointed), and the Chief Executive Officer of the United States International Development Finance Corporation to coordinate with the officials described in section 3(a)(2) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations.", "id": "idA510832C846D4B4D8EDDA479B1D21833", "header": "In general", "nested": [], "links": [] }, { "text": "(b) United States competitiveness clauses \n(1) Definition of United States competitiveness clause \nIn this subsection, the term United States competitiveness clause means any United States competitiveness provision in any agreement entered into by the Department of Energy, including— (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. (2) Consideration \nIn carrying out subsection (a), the relevant officials described in that subsection shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that subsection. (3) Waiver \nThe Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under subsection (a).", "id": "idA3A740338688463B9674441DBC1DBBA9", "header": "United States competitiveness clauses", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities for civil nuclear energy \n(a) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy. (b) Requirement \nThe meetings described in subsection (a) shall include— (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing energy security and climate change; and (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to— (A) the demonstration and deployment of advanced nuclear reactors; and (B) the development of cooperative research facilities. (c) Financing arrangements \nIn conducting the meetings described in subsection (a), the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings. (d) Report \nNot later than 1 year after the date of enactment of this Act, the Secretary, the Secretary of State, and the Secretary of Commerce shall jointly submit to Congress a report highlighting potential partners— (1) for the establishment of cost-share arrangements described in subsection (c); or (2) with which the United States may enter into agreements with respect to— (A) the demonstration of advanced nuclear reactors; or (B) cooperative research facilities.", "id": "idF5A2EF66DFCD4DBEA3204CEEA8EB0E01", "header": "Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities for civil nuclear energy", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy.", "id": "idf8fa426c8cb0461185c5384c10fb0720", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirement \nThe meetings described in subsection (a) shall include— (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing energy security and climate change; and (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to— (A) the demonstration and deployment of advanced nuclear reactors; and (B) the development of cooperative research facilities.", "id": "id1fca5caa27f14e65a0df7c76a5462fd2", "header": "Requirement", "nested": [], "links": [] }, { "text": "(c) Financing arrangements \nIn conducting the meetings described in subsection (a), the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.", "id": "idb8e4ad0fba7c4e229dde721b8ab8ec6c", "header": "Financing arrangements", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 1 year after the date of enactment of this Act, the Secretary, the Secretary of State, and the Secretary of Commerce shall jointly submit to Congress a report highlighting potential partners— (1) for the establishment of cost-share arrangements described in subsection (c); or (2) with which the United States may enter into agreements with respect to— (A) the demonstration of advanced nuclear reactors; or (B) cooperative research facilities.", "id": "idf462335785434b6dbe8a09ca51611dc5", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "7. International civil nuclear energy cooperation \nSection 959B of the Energy Policy Act of 2005 ( 42 U.S.C. 16279b ) is amended— (1) in the matter preceding paragraph (1), by striking The Secretary and inserting the following: (a) In general \nThe Secretary ; (2) in subsection (a) (as so designated)— (A) in paragraph (1)— (i) by striking financing, ; and (ii) by striking and after the semicolon at the end; (B) in paragraph (2)— (i) in subparagraph (A), by striking preparations for ; and (ii) in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) to support, in coordination with the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and (4) to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in section 2 of the International Nuclear Energy Act of 2023 ) in civil nuclear energy programs outside the United States through— (A) bilateral and multilateral arrangements developed and executed in coordination with the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in that section); (B) the designation of 1 or more U.S. nuclear energy companies (as defined in that section) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; (C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section; and (D) the issuance of loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out activities related to an arrangement under subparagraph (A), to the extent appropriated funds are available. ; and (3) by adding at the end the following: (b) Requirements \nThe program under subsection (a) shall be supported in consultation with the Secretary of State and implemented by the Secretary— (1) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as— (A) training; (B) financing; (C) safety; (D) security; (E) safeguards; (F) liability; (G) advanced fuels; (H) operations; and (I) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )); and (2) in coordination with— (A) the National Security Council; (B) the Secretary of State; (C) the Secretary of Commerce; and (D) the Nuclear Regulatory Commission. (c) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2023 through 2027..", "id": "idD1466D5A9BF34278BE73D9E77ED1490F", "header": "International civil nuclear energy cooperation", "nested": [], "links": [ { "text": "42 U.S.C. 16279b", "legal-doc": "usc", "parsable-cite": "usc/42/16279b" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" } ] }, { "text": "8. International civil nuclear program support \n(a) In general \nNot later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), shall launch an international initiative (referred to in this section as the initiative ) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this section, embarking civil nuclear nations for activities relating to the development of civil nuclear energy programs. (b) Financial assistance \n(1) In general \nIn carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award grants of financial assistance to embarking civil nuclear nations in accordance with this subsection— (A) for activities relating to the development of civil nuclear energy programs; and (B) to facilitate the building of technical capacities for those activities. (2) Amount \nThe amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000. (3) Limitations \nThe Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award— (A) not more than 1 grant of financial assistance under paragraph (1) to any 1 embarking civil nuclear nation each fiscal year; and (B) not more than a total of 5 grants of financial assistance under paragraph (1) to any 1 embarking civil nuclear nation. (c) Senior advisors \n(1) In general \nIn carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may provide financial assistance to an embarking civil nuclear nation for the purpose of contracting with a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear nation in establishing a civil nuclear program. (2) Requirement \nA senior advisor described in paragraph (1) shall have relevant experience and qualifications to advise the embarking civil nuclear nation on, and facilitate on behalf of the embarking civil nuclear nation, 1 or more of the following activities: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for— (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (D) The identification of qualified organizations and service providers. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (H) Risk allocation, risk management, and nuclear liability. (I) Technical assessments of nuclear reactors and technologies. (J) The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (3) Clarification \nFinancial assistance under this subsection may be provided to an embarking civil nuclear nation in addition to any financial assistance provided to that embarking civil nuclear nation under subsection (b). (d) Limitation on assistance to embarking civil nuclear nations \nNot later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate— (1) to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this section to prevent fraud, waste, and abuse; and (2) to engage in independent and effective oversight of activities authorized under this section through joint or individual audits, inspections, investigations, or evaluations. (e) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027.", "id": "id13f19b7555574a4c878fbc326baab49d", "header": "International civil nuclear program support", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), shall launch an international initiative (referred to in this section as the initiative ) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this section, embarking civil nuclear nations for activities relating to the development of civil nuclear energy programs.", "id": "id026486ab446f485aa35a13a0be05fe6c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Financial assistance \n(1) In general \nIn carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award grants of financial assistance to embarking civil nuclear nations in accordance with this subsection— (A) for activities relating to the development of civil nuclear energy programs; and (B) to facilitate the building of technical capacities for those activities. (2) Amount \nThe amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000. (3) Limitations \nThe Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award— (A) not more than 1 grant of financial assistance under paragraph (1) to any 1 embarking civil nuclear nation each fiscal year; and (B) not more than a total of 5 grants of financial assistance under paragraph (1) to any 1 embarking civil nuclear nation.", "id": "id159600c6addb4f638f334c5e4307c46c", "header": "Financial assistance", "nested": [], "links": [] }, { "text": "(c) Senior advisors \n(1) In general \nIn carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may provide financial assistance to an embarking civil nuclear nation for the purpose of contracting with a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear nation in establishing a civil nuclear program. (2) Requirement \nA senior advisor described in paragraph (1) shall have relevant experience and qualifications to advise the embarking civil nuclear nation on, and facilitate on behalf of the embarking civil nuclear nation, 1 or more of the following activities: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for— (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (D) The identification of qualified organizations and service providers. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (H) Risk allocation, risk management, and nuclear liability. (I) Technical assessments of nuclear reactors and technologies. (J) The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (3) Clarification \nFinancial assistance under this subsection may be provided to an embarking civil nuclear nation in addition to any financial assistance provided to that embarking civil nuclear nation under subsection (b).", "id": "id4d9e77d6e8f341759930112d84bf66bd", "header": "Senior advisors", "nested": [], "links": [] }, { "text": "(d) Limitation on assistance to embarking civil nuclear nations \nNot later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate— (1) to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this section to prevent fraud, waste, and abuse; and (2) to engage in independent and effective oversight of activities authorized under this section through joint or individual audits, inspections, investigations, or evaluations.", "id": "idDB63173C1BA34742A0BBBBFE012E1B56", "header": "Limitation on assistance to embarking civil nuclear nations", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027.", "id": "id39d4c2940db3426983eb52c870a8dea2", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "9. Biennial cabinet-level international conference on nuclear safety, security, safeguards, and sustainability \n(a) In general \nThe President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this section as a conference ). (b) Conference functions \nIt is the sense of Congress that each conference should— (1) be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to— (A) nuclear safety, security, safeguards, and sustainability; (B) environmental safeguards; and (C) local community engagement in areas in reasonable proximity to nuclear sites; and (2) facilitate— (A) the development of— (i) joint commitments and goals to improve— (I) nuclear safety, security, safeguards, and sustainability; (II) environmental safeguards; and (III) local community engagement in areas in reasonable proximity to nuclear sites; (ii) stronger international institutions that support nuclear safety, security, safeguards, and sustainability; (iii) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; (iv) a standardized financing and project management framework for the construction of civil nuclear power plants; (v) a standardized licensing framework for civil nuclear technologies; (vi) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; (vii) a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and (viii) a global civil nuclear liability regime; (B) cooperation for enhancing the overall aspects of civil nuclear power, such as— (i) nuclear safety, security, safeguards, and sustainability; (ii) nuclear laws (including regulations); (iii) waste management; (iv) quality management systems; (v) technology transfer; (vi) human resources development; (vii) localization; (viii) reactor operations; (ix) nuclear liability; and (x) decommissioning; and (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 10(a), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that section. (c) Input from industry and government \nIt is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to— (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.", "id": "id16331F59564E45F3A1F377A960DE9761", "header": "Biennial cabinet-level international conference on nuclear safety, security, safeguards, and sustainability", "nested": [ { "text": "(a) In general \nThe President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this section as a conference ).", "id": "id3e8263f7d84c47038f1d1ea4d52fcce3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conference functions \nIt is the sense of Congress that each conference should— (1) be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to— (A) nuclear safety, security, safeguards, and sustainability; (B) environmental safeguards; and (C) local community engagement in areas in reasonable proximity to nuclear sites; and (2) facilitate— (A) the development of— (i) joint commitments and goals to improve— (I) nuclear safety, security, safeguards, and sustainability; (II) environmental safeguards; and (III) local community engagement in areas in reasonable proximity to nuclear sites; (ii) stronger international institutions that support nuclear safety, security, safeguards, and sustainability; (iii) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; (iv) a standardized financing and project management framework for the construction of civil nuclear power plants; (v) a standardized licensing framework for civil nuclear technologies; (vi) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; (vii) a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and (viii) a global civil nuclear liability regime; (B) cooperation for enhancing the overall aspects of civil nuclear power, such as— (i) nuclear safety, security, safeguards, and sustainability; (ii) nuclear laws (including regulations); (iii) waste management; (iv) quality management systems; (v) technology transfer; (vi) human resources development; (vii) localization; (viii) reactor operations; (ix) nuclear liability; and (x) decommissioning; and (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 10(a), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that section.", "id": "idCB162EC06ECC4F3A9C345BEC7F1A600D", "header": "Conference functions", "nested": [], "links": [] }, { "text": "(c) Input from industry and government \nIt is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to— (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.", "id": "id5f67c30b0891451885c1e47c2bf74423", "header": "Input from industry and government", "nested": [], "links": [] } ], "links": [] }, { "text": "10. Advanced Reactor Coordination and Resource Center \n(a) In general \nThe President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the Advanced Reactor Coordination and Resource Center (referred to in this section as the Center ), for the purposes of— (1) identifying qualified organizations and service providers— (A) for embarking civil nuclear nations; (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)— (A) to identify funds to support payment for services required to develop a civil nuclear program; (B) to provide market analysis; and (C) to create— (i) project structure models; (ii) models for electricity market analysis; (iii) models for nonelectric applications market analysis; and (iv) financial models; (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (5) developing and strengthening communications, engagement, and consensus-building; (6) carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program; (7) developing mechanisms for how to fund and staff the Center; and (8) determining mechanisms for the selection of the location or locations of the Center. (b) Objective \nThe President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so.", "id": "id167B153E610148C0B6520219DF3A7873", "header": "Advanced Reactor Coordination and Resource Center", "nested": [ { "text": "(a) In general \nThe President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the Advanced Reactor Coordination and Resource Center (referred to in this section as the Center ), for the purposes of— (1) identifying qualified organizations and service providers— (A) for embarking civil nuclear nations; (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)— (A) to identify funds to support payment for services required to develop a civil nuclear program; (B) to provide market analysis; and (C) to create— (i) project structure models; (ii) models for electricity market analysis; (iii) models for nonelectric applications market analysis; and (iv) financial models; (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (5) developing and strengthening communications, engagement, and consensus-building; (6) carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program; (7) developing mechanisms for how to fund and staff the Center; and (8) determining mechanisms for the selection of the location or locations of the Center.", "id": "id431312C573A2458DA18B4C98537FF902", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Objective \nThe President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so.", "id": "idDB96113FE69D48778AD826F8E801C22D", "header": "Objective", "nested": [], "links": [] } ], "links": [] }, { "text": "11. Investment by allies and partners of the United States \n(a) Commercial licenses \nSection 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence— (1) by inserting for a production facility after No license ; and (2) by striking any any and inserting any. (b) Medical therapy and research development licenses \nSection 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(d) ) is amended, in the second sentence, by inserting for a production facility after No license.", "id": "idE27BCDC3AF8B44DBA1BBDB0FF032BB2D", "header": "Investment by allies and partners of the United States", "nested": [ { "text": "(a) Commercial licenses \nSection 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence— (1) by inserting for a production facility after No license ; and (2) by striking any any and inserting any.", "id": "idb40b27a8f61642bfa5d75523c2f7c6b4", "header": "Commercial licenses", "nested": [], "links": [ { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" } ] }, { "text": "(b) Medical therapy and research development licenses \nSection 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(d) ) is amended, in the second sentence, by inserting for a production facility after No license.", "id": "idd0bb17471fa548c78c554608e85e8d5e", "header": "Medical therapy and research development licenses", "nested": [], "links": [ { "text": "42 U.S.C. 2134(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" } ] } ], "links": [ { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2134(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" } ] }, { "text": "12. Strategic Infrastructure Fund Working Group \n(a) Establishment \nThere is established a working group, to be known as the Strategic Infrastructure Fund Working Group (referred to in this section as the working group ) to provide input on the feasibility of establishing a program to support strategically important capital-intensive infrastructure projects. (b) Composition \nThe working group shall be— (1) led by a White House official, who may be the Assistant (if appointed), who shall serve as the White House focal point with respect to matters relating to the working group; and (2) composed of— (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the White House official described in paragraph (1) from any Federal agency or organization. (c) Reporting \nThe working group shall report to the National Security Council. (d) Duties \nThe working group shall— (1) provide direction and advice to the officials described in section 3(a)(2)(A) and appropriate Federal agencies, as determined by the working group, with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the Fund ) to be used— (A) to support those aspects of projects relating to— (i) civil nuclear technologies; and (ii) microprocessors; and (B) for strategic investments identified by the working group; and (2) address critical areas in determining the appropriate design for the Fund, including— (A) transfer of assets to the Fund; (B) transfer of assets from the Fund; (C) how assets in the Fund should be invested; and (D) governance and implementation of the Fund. (e) Report required \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (2) Committees described \nThe committees referred to in paragraph (1) are— (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. (3) Administration of the Fund \nThe report submitted under paragraph (1) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this section to be administered by the Secretary of State (or a designee of the Secretary of State).", "id": "id988fdc8276a64b3c874e9751b5d02f65", "header": "Strategic Infrastructure Fund Working Group", "nested": [ { "text": "(a) Establishment \nThere is established a working group, to be known as the Strategic Infrastructure Fund Working Group (referred to in this section as the working group ) to provide input on the feasibility of establishing a program to support strategically important capital-intensive infrastructure projects.", "id": "id1a1d98a2eb23456f8287b6fc9e18ef93", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Composition \nThe working group shall be— (1) led by a White House official, who may be the Assistant (if appointed), who shall serve as the White House focal point with respect to matters relating to the working group; and (2) composed of— (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the White House official described in paragraph (1) from any Federal agency or organization.", "id": "idec3a74f7864946699006727bdc4e4186", "header": "Composition", "nested": [], "links": [] }, { "text": "(c) Reporting \nThe working group shall report to the National Security Council.", "id": "id6bf0c2ea4e00473bb4ca055298eceb97", "header": "Reporting", "nested": [], "links": [] }, { "text": "(d) Duties \nThe working group shall— (1) provide direction and advice to the officials described in section 3(a)(2)(A) and appropriate Federal agencies, as determined by the working group, with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the Fund ) to be used— (A) to support those aspects of projects relating to— (i) civil nuclear technologies; and (ii) microprocessors; and (B) for strategic investments identified by the working group; and (2) address critical areas in determining the appropriate design for the Fund, including— (A) transfer of assets to the Fund; (B) transfer of assets from the Fund; (C) how assets in the Fund should be invested; and (D) governance and implementation of the Fund.", "id": "iddf84b3f2796446cebd842c2477d0e6a0", "header": "Duties", "nested": [], "links": [] }, { "text": "(e) Report required \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (2) Committees described \nThe committees referred to in paragraph (1) are— (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. (3) Administration of the Fund \nThe report submitted under paragraph (1) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this section to be administered by the Secretary of State (or a designee of the Secretary of State).", "id": "id3D082B5E3D3E45C0BDB875BCCE422067", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "13. Joint assessment between the United States and India on nuclear liability rules \n(a) In general \nThe Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the U.S.-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis— (1) to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206); (2) to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and (3) to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities. (b) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to subsection (a)(1).", "id": "id539c66b4233646e182100b79f95a1bf2", "header": "Joint assessment between the United States and India on nuclear liability rules", "nested": [ { "text": "(a) In general \nThe Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the U.S.-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis— (1) to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206); (2) to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and (3) to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities.", "id": "id91ea9b1ea0554833a4c04bf8f59ed605", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to subsection (a)(1).", "id": "id8ac6afaf62f1458ab0a32d042b0639ab", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]

[ "Administrative law and regulatory procedures", "Advanced technology and technological innovations", "Advisory bodies", "Alliances", "Asia", "Burma", "Buy American requirements", "China", "Civil actions and liability", "Competitiveness, trade promotion, trade deficits", "Computer security and identity theft", "Congressional oversight", "Cuba", "Department of Energy", "Diplomacy, foreign officials, Americans abroad", "Emergency planning and evacuation", "Energy research", "Europe", "Executive Office of the President", "Executive agency funding and structure", "Foreign aid and international relief", "Foreign and international corporations", "Government lending and loan guarantees", "India", "International organizations and cooperation", "Iran", "Latin America", "Licensing and registrations", "Manufacturing", "Metals", "North Korea", "Nuclear power", "Presidents and presidential powers, Vice Presidents", "Public-private cooperation", "Radiation", "Radioactive wastes and releases", "Research and development", "Russia", "Strategic materials and reserves", "Syria", "Technology transfer and commercialization", "Trade restrictions", "Transportation safety and security", "Venezuela" ]

[ { "text": "1. Report on dangers posed by nuclear reactors in areas that might experience armed conflict \n(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator for Nuclear Security shall jointly submit to the appropriate committees of Congress a report assessing the following: (1) The dangers posed to the national security of the United States, to the interests of allies and partners of the United States, and to the safety and security of civilian populations, by nuclear reactors and nuclear power plants in existence as of such date of enactment or scheduled to be completed during the 10-year period beginning on such date of enactment and located in the following areas: (A) Regions that have experienced armed conflict in the 25 years preceding such date of enactment. (B) Areas that are contested or likely to experience armed conflict during the life span of those reactors and plants. (C) Areas that would be involved in any of the following hypothetical conflicts: (i) An attack by the Russian Federation on the eastern European countries of Estonia, Latvia, Belarus, Lithuania, or Poland. (ii) A conflict between India and Pakistan. (iii) A conflict over Taiwan. (iv) An attack by North Korea on South Korea. (2) Steps the United States or allies and partners of the United States can take to prevent, prepare for, and mitigate the risks to the national security of the United States, to the interests of allies and partners of the United States, and to the safety and security of civilian populations, posed by nuclear reactors and power plants in places that may experience armed conflict. (b) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate committees of congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Environment and Public Works of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives.", "id": "id3626418A1D1441A584EEA3062F63A877", "header": "Report on dangers posed by nuclear reactors in areas that might experience armed conflict", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator for Nuclear Security shall jointly submit to the appropriate committees of Congress a report assessing the following: (1) The dangers posed to the national security of the United States, to the interests of allies and partners of the United States, and to the safety and security of civilian populations, by nuclear reactors and nuclear power plants in existence as of such date of enactment or scheduled to be completed during the 10-year period beginning on such date of enactment and located in the following areas: (A) Regions that have experienced armed conflict in the 25 years preceding such date of enactment. (B) Areas that are contested or likely to experience armed conflict during the life span of those reactors and plants. (C) Areas that would be involved in any of the following hypothetical conflicts: (i) An attack by the Russian Federation on the eastern European countries of Estonia, Latvia, Belarus, Lithuania, or Poland. (ii) A conflict between India and Pakistan. (iii) A conflict over Taiwan. (iv) An attack by North Korea on South Korea. (2) Steps the United States or allies and partners of the United States can take to prevent, prepare for, and mitigate the risks to the national security of the United States, to the interests of allies and partners of the United States, and to the safety and security of civilian populations, posed by nuclear reactors and power plants in places that may experience armed conflict.", "id": "id0c06e8f2b0f946dc9461f4aa0e44b9c2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.", "id": "id75a8c522b5b44596b9285ac4448873aa", "header": "Form of report", "nested": [], "links": [] }, { "text": "(c) Appropriate committees of congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Environment and Public Works of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives.", "id": "id2e4c67eb47a348308b06d4cb5069fc90", "header": "Appropriate committees of congress defined", "nested": [], "links": [] } ], "links": [] } ]

[ "Asia", "Belarus", "Conflicts and wars", "Congressional oversight", "Estonia", "Europe", "Geography and mapping", "Government information and archives", "India", "Latvia", "North Korea", "Nuclear power", "Pakistan", "Poland", "Russia", "South Korea", "Taiwan" ]

[ { "text": "1. Short title \nThis Act may be cited as the Community College Agriculture Advancement Act of 2023.", "id": "id305f89cc07a744c09b957945221f75e6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Capacity building grants for community college agriculture and natural resources programs \nSubtitle K of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 et seq. ) is amended by adding at the end the following: 1473I. Capacity building grants for community college agriculture and natural resources programs \n(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a junior or community college supporting agriculture advancement; and (B) a consortium or alliance of 2-year public colleges supporting agriculture advancement. (2) Junior or community college \nThe term junior or community college has the meaning given the term in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ). (b) Competitive grants \nThe Secretary shall make competitive grants to eligible entities to assist the eligible entities in maintaining and expanding the capacity of the eligible entities to conduct workforce training, education, research, and outreach activities relating to— (1) agriculture; and (2) other similar disciplines. (c) Priority \nIn making grants under subsection (b), the Secretary shall give priority to an eligible entity coordinating with a local agriculture industry operator to provide experiential training and other opportunities for students. (d) Use of funds \nAn eligible entity that receives a grant under subsection (b) may use the funds made available through the grant to expand and maintain the capacity of the eligible entity— (1) to successfully compete for funds from Federal grants and other sources to carry out educational, research, and outreach activities that address priority concerns of national, regional, State, and local interest; (2) to offer educational programming on agricultural industry jobs, including farm business management-related subjects, such as accounting, paralegal studies, and finance; (3) to disseminate information relating to the priority concerns described in paragraph (1) to interested members of the agriculture and other relevant communities and to the public; (4) to encourage members of those communities to participate in priority education, research, and outreach activities through providing matching funding from sources other than funds received through the grant; and (5) through— (A) the purchase or other acquisition of equipment and other infrastructure (not including the alteration, repair, renovation, or construction of buildings); (B) the professional growth and development of faculty; and (C) the development of apprenticeships and other work-based learning opportunities. (e) Centers of agriculture advancement \n(1) In general \nAn eligible entity may submit to the Secretary an application for designation and funding as a center of excellence for agriculture advancement. (2) Use of funds \nA center of excellence for agriculture advancement designated under paragraph (1) shall use funding received as a result of that designation— (A) to demonstrate best practices relating to agriculture; and (B) to provide leadership in capacity building at a regional or national level. (f) Evaluation and report \nNot later than 3 years after the date of enactment of this section, the Secretary shall— (1) conduct an evaluation of activities carried out under this section; and (2) submit a report describing the evaluation conducted under paragraph (1) to— (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. (g) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2024 through 2029..", "id": "id8e55da1440d5449da5703d92958c20c4", "header": "Capacity building grants for community college agriculture and natural resources programs", "nested": [], "links": [ { "text": "7 U.S.C. 3310 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/3310" }, { "text": "20 U.S.C. 1058", "legal-doc": "usc", "parsable-cite": "usc/20/1058" } ] }, { "text": "1473I. Capacity building grants for community college agriculture and natural resources programs \n(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a junior or community college supporting agriculture advancement; and (B) a consortium or alliance of 2-year public colleges supporting agriculture advancement. (2) Junior or community college \nThe term junior or community college has the meaning given the term in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ). (b) Competitive grants \nThe Secretary shall make competitive grants to eligible entities to assist the eligible entities in maintaining and expanding the capacity of the eligible entities to conduct workforce training, education, research, and outreach activities relating to— (1) agriculture; and (2) other similar disciplines. (c) Priority \nIn making grants under subsection (b), the Secretary shall give priority to an eligible entity coordinating with a local agriculture industry operator to provide experiential training and other opportunities for students. (d) Use of funds \nAn eligible entity that receives a grant under subsection (b) may use the funds made available through the grant to expand and maintain the capacity of the eligible entity— (1) to successfully compete for funds from Federal grants and other sources to carry out educational, research, and outreach activities that address priority concerns of national, regional, State, and local interest; (2) to offer educational programming on agricultural industry jobs, including farm business management-related subjects, such as accounting, paralegal studies, and finance; (3) to disseminate information relating to the priority concerns described in paragraph (1) to interested members of the agriculture and other relevant communities and to the public; (4) to encourage members of those communities to participate in priority education, research, and outreach activities through providing matching funding from sources other than funds received through the grant; and (5) through— (A) the purchase or other acquisition of equipment and other infrastructure (not including the alteration, repair, renovation, or construction of buildings); (B) the professional growth and development of faculty; and (C) the development of apprenticeships and other work-based learning opportunities. (e) Centers of agriculture advancement \n(1) In general \nAn eligible entity may submit to the Secretary an application for designation and funding as a center of excellence for agriculture advancement. (2) Use of funds \nA center of excellence for agriculture advancement designated under paragraph (1) shall use funding received as a result of that designation— (A) to demonstrate best practices relating to agriculture; and (B) to provide leadership in capacity building at a regional or national level. (f) Evaluation and report \nNot later than 3 years after the date of enactment of this section, the Secretary shall— (1) conduct an evaluation of activities carried out under this section; and (2) submit a report describing the evaluation conducted under paragraph (1) to— (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. (g) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2024 through 2029.", "id": "idba9d212f785a40c4af222745c87062c7", "header": "Capacity building grants for community college agriculture and natural resources programs", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a junior or community college supporting agriculture advancement; and (B) a consortium or alliance of 2-year public colleges supporting agriculture advancement. (2) Junior or community college \nThe term junior or community college has the meaning given the term in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ).", "id": "id479e9f52568e466eba0776b565e14445", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1058", "legal-doc": "usc", "parsable-cite": "usc/20/1058" } ] }, { "text": "(b) Competitive grants \nThe Secretary shall make competitive grants to eligible entities to assist the eligible entities in maintaining and expanding the capacity of the eligible entities to conduct workforce training, education, research, and outreach activities relating to— (1) agriculture; and (2) other similar disciplines.", "id": "idb1615a3eea064c098099db6667a73d9d", "header": "Competitive grants", "nested": [], "links": [] }, { "text": "(c) Priority \nIn making grants under subsection (b), the Secretary shall give priority to an eligible entity coordinating with a local agriculture industry operator to provide experiential training and other opportunities for students.", "id": "id7da9faf0d6b5416cb39a958c4670023f", "header": "Priority", "nested": [], "links": [] }, { "text": "(d) Use of funds \nAn eligible entity that receives a grant under subsection (b) may use the funds made available through the grant to expand and maintain the capacity of the eligible entity— (1) to successfully compete for funds from Federal grants and other sources to carry out educational, research, and outreach activities that address priority concerns of national, regional, State, and local interest; (2) to offer educational programming on agricultural industry jobs, including farm business management-related subjects, such as accounting, paralegal studies, and finance; (3) to disseminate information relating to the priority concerns described in paragraph (1) to interested members of the agriculture and other relevant communities and to the public; (4) to encourage members of those communities to participate in priority education, research, and outreach activities through providing matching funding from sources other than funds received through the grant; and (5) through— (A) the purchase or other acquisition of equipment and other infrastructure (not including the alteration, repair, renovation, or construction of buildings); (B) the professional growth and development of faculty; and (C) the development of apprenticeships and other work-based learning opportunities.", "id": "id5a3e65ba0db24bbaa30f7c7f78c5af1e", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Centers of agriculture advancement \n(1) In general \nAn eligible entity may submit to the Secretary an application for designation and funding as a center of excellence for agriculture advancement. (2) Use of funds \nA center of excellence for agriculture advancement designated under paragraph (1) shall use funding received as a result of that designation— (A) to demonstrate best practices relating to agriculture; and (B) to provide leadership in capacity building at a regional or national level.", "id": "id34ecaa1a5b9f444bb39296774202ab7c", "header": "Centers of agriculture advancement", "nested": [], "links": [] }, { "text": "(f) Evaluation and report \nNot later than 3 years after the date of enactment of this section, the Secretary shall— (1) conduct an evaluation of activities carried out under this section; and (2) submit a report describing the evaluation conducted under paragraph (1) to— (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate.", "id": "id1a8bacbd5df24ca2867083e2743a7139", "header": "Evaluation and report", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2024 through 2029.", "id": "id3f9690839c1a461fb2cc9e6a42e6ec84", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1058", "legal-doc": "usc", "parsable-cite": "usc/20/1058" } ] } ]

[ "Agricultural education", "Agricultural research", "Congressional oversight", "Education programs funding", "Employment and training programs", "Higher education" ]

[ { "text": "1. Short title \nThis Act may be cited as the Supporting Community Lenders Act.", "id": "id4f1d08e117d84369aef6b36f1d78b7db", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Office of Community Financial Institutions \nSection 7 of the Small Business Act ( 15 U.S.C. 636 ) is amended by adding at the end the following: (o) Office of Community Financial Institutions \n(1) Definitions \nIn this subsection— (A) the term Associate Administrator means the Associate Administrator of the Office of Capital Access of the Administration; (B) the term community financial institution has the meaning given the term in paragraph (36); and (C) the term Director means the Director of the Office of Community Financial Institutions. (2) Establishment \nThere is established within the Administration the Office of Community Financial Institutions, which shall be— (A) under the general management and oversight of the Administration; and (B) responsible for the planning, coordination, implementation, evaluation, and improvement of the efforts of the Administrator to enhance the performance of community financial institutions and support access to capital for small business concerns. (3) Director \n(A) In general \nNot later than 180 days after the date of enactment of the Supporting Community Lenders Act , the Administrator shall appoint a Director of the Office of Community Financial Institutions, who shall— (i) supervise the Office of Community Financial Institutions and report to the Associate Administrator; (ii) be in the Senior Executive Service; and (iii) have knowledge of community financial institutions and experience providing access to capital to small business concerns in underserved communities. (B) Duties \nThe Director shall— (i) create and implement strategies and programs that support the activities, development, and growth of community financial institutions; (ii) administer and manage outreach, technical support, and training programs to existing, and potential, community financial institutions; (iii) establish partnerships within the Administration and with relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, the Department of Agriculture, and the Minority Business Development Agency, to advance the goal of supporting the economic success of small business concerns through community financial institutions; (iv) review the effectiveness and impact of community financial institutions; (v) when appropriate, advocate on behalf of community financial institutions within the Administration, and to outside organizations, including other relevant Federal agencies; (vi) hold public meetings with relevant stakeholders not less frequently than once every 6 months beginning 1 year after the date of enactment of the Supporting Community Lenders Act ; and (vii) not later than 3 years after the date of enactment of the Supporting Community Lenders Act , and not less frequently than once every 3 years thereafter, submit to Congress a report on the major activities of the Office of Community Financial Institutions, recommendations for congressional action based on the expertise of the Office, and areas for growth within the Office. (C) Consultation \nIn carrying out the duties under this paragraph, the Director shall consult with— (i) district offices of the Administration; and (ii) other relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, and the Minority Business Development Agency..", "id": "id7D8A006D8D91418CBDF301F3B09DE2CC", "header": "Office of Community Financial Institutions", "nested": [], "links": [ { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "1. Short title \nThis Act may be cited as the Supporting Community Lenders Act.", "id": "idd2397a2f-0bad-4e13-8ca3-20bf601923a3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Coordinator for Community Financial Institutions \nSection 7 of the Small Business Act ( 15 U.S.C. 636 ) is amended by adding at the end the following: (o) Coordinator for Community Financial Institutions \n(1) Definitions \nIn this subsection— (A) the term Associate Administrator means the Associate Administrator of the Office of Capital Access of the Administration; (B) the term community financial institution has the meaning given the term in paragraph (36); and (C) the term Coordinator means the Coordinator for Community Financial Institutions. (2) Establishment \nThere is established within the Office of Capital Access of the Administration the position of Coordinator for Community Financial Institutions, the occupant of which shall be responsible for the planning, coordination, implementation, evaluation, and improvement of the efforts of the Administrator to enhance the performance of community financial institutions and support access to capital for small business concerns. (3) Coordinator \n(A) In general \nNot later than 180 days after the date of enactment of the Supporting Community Lenders Act , the Administrator shall designate an individual to serve as Coordinator, who shall— (i) report to the Associate Administrator; and (ii) have knowledge of community financial institutions and experience providing access to capital to small business concerns in underserved communities. (B) Duties \nThe Coordinator shall— (i) create and implement strategies and programs that support the activities, development, and growth of community financial institutions; (ii) administer and manage outreach, technical support, and training programs to existing, and potential, community financial institutions; (iii) establish partnerships within the Administration and with relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, the Department of Agriculture, and the Minority Business Development Agency, to advance the goal of supporting the economic success of small business concerns through community financial institutions; (iv) review the effectiveness and impact of community financial institutions; (v) when appropriate, advocate on behalf of community financial institutions within the Administration, and to outside organizations, including other relevant Federal agencies; (vi) hold public meetings with relevant stakeholders not less frequently than once every 6 months beginning 1 year after the date of enactment of the Supporting Community Lenders Act ; and (vii) not later than 3 years after the date of enactment of the Supporting Community Lenders Act , and not less frequently than once every 3 years thereafter, submit to Congress a report on the major activities of the Coordinator, recommendations for congressional action based on the expertise of the Coordinator, and potential for growth within the areas in which the Coordinator operates. (C) Consultation \nIn carrying out the duties under this paragraph, the Coordinator shall consult with— (i) district offices of the Administration; and (ii) other relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, and the Minority Business Development Agency..", "id": "idc0da1748-be18-4499-864a-fda0e11eca71", "header": "Coordinator for Community Financial Institutions", "nested": [], "links": [ { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "3. Office of advocacy employee eligibility for family and medical leave \nThe Chief Counsel for Advocacy of the Small Business Administration shall immediately notify the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives if, at any point, an employee, including a contracted employee, of the Office of Advocacy who has been employed at the Office of Advocacy for more than 1 year is not eligible for paid leave under subchapter V of chapter 63 of title 5, United States Code.", "id": "idcb668769d2a24bfb9f1ed5c1fbd5bdb1", "header": "Office of advocacy employee eligibility for family and medical leave", "nested": [], "links": [ { "text": "chapter 63", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/63" } ] } ]

[ "Banking and financial institutions regulation", "Business investment and capital", "Congressional oversight", "Executive agency funding and structure", "Small Business Administration", "Small business" ]

[ { "text": "1. Short title \nThis Act may be cited as the Student Empowerment Act.", "id": "H2F62123BB624428CA58D9780D922A255", "header": "Short title", "nested": [], "links": [] }, { "text": "2. 529 account funding for homeschool and additional elementary and secondary expenses \n(a) In general \nSection 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows: (7) Treatment of elementary and secondary tuition \nAny reference in this section to the term qualified higher education expense shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school: (A) Tuition. (B) Curriculum and curricular materials. (C) Books or other instructional materials. (D) Online educational materials. (E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and— (i) is licensed as a teacher in any State, (ii) has taught at an eligible educational institution, or (iii) is a subject matter expert in the relevant subject. (F) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. (G) Fees for dual enrollment in an institution of higher education. (H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law).. (b) Effective date \nThe amendment made by this section shall apply to distributions made after the date of the enactment of this Act.", "id": "H58A40EA720764E9194968550797C4A13", "header": "529 account funding for homeschool and additional elementary and secondary expenses", "nested": [ { "text": "(a) In general \nSection 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows: (7) Treatment of elementary and secondary tuition \nAny reference in this section to the term qualified higher education expense shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school: (A) Tuition. (B) Curriculum and curricular materials. (C) Books or other instructional materials. (D) Online educational materials. (E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and— (i) is licensed as a teacher in any State, (ii) has taught at an eligible educational institution, or (iii) is a subject matter expert in the relevant subject. (F) Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. (G) Fees for dual enrollment in an institution of higher education. (H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law)..", "id": "HFA348597D55042D6B4553041352B268E", "header": "In general", "nested": [], "links": [ { "text": "Section 529(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/26/529" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to distributions made after the date of the enactment of this Act.", "id": "HD2A3B2E007A04CBEB704A007928BFD0E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 529(c)(7)", "legal-doc": "usc", "parsable-cite": "usc/26/529" } ] } ]

[ "Academic performance and assessments", "Bank accounts, deposits, capital", "Elementary and secondary education", "Higher education", "Income tax exclusion", "Special education", "Student aid and college costs", "Teaching, teachers, curricula" ]

[ { "text": "1. Short title \nThis Act may be cited as the Dental and Optometric Care Access Act of 2023 or the DOC Access Act of 2023.", "id": "H26B69B34358F454FA2129B7E797B6BE0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving health care coverage under vision and dental plans \n(a) In general \nTitle XXVII of the Public Health Service Act is amended by inserting after section 2719A ( 42 U.S.C. 300gg–19a ) the following new section: 2719B. Improving coverage under vision and dental plans \n(a) In general \nUnder a group health plan or individual or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: (1) Payment amounts from covered persons \n(A) In general \nThe plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. (B) Items or services considered covered by a plan \nFor purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C) Exception for dental cleaning \nFor purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2) Duration of limited scope vision and dental plans \nIn the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits— (A) the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and (B) the agreement may be extended for unlimited terms, subject to subparagraph (A). (3) No restrictions on choice of laboratories \nThe plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage. (b) Notification \nThe Secretary shall on an annual basis notify each State of the State’s authority to enforce the provisions of subsection (a) against a group health plan or health insurance coverage described in subsection (a) pursuant to section 2723(a)(1) and request confirmation from the State whether or not the State will enforce the provisions of subsection (a). If a State notifies the Secretary that the State will not enforce the provisions of subsection (a) or fails to respond within 90 days of the Secretary’s request, the Secretary shall treat such State as failing to substantially enforce such provisions for purposes of subsections (a)(2) and (b) of section 2723. (c) Relationship to exception for limited, excepted benefits \nSection 2722(c)(1) shall not apply with respect to the requirements of this section. (d) Election To be excluded \n(1) In general \nIf a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2) Period of election \nAn election under paragraph (1)— (A) shall apply for a single specified plan year; (B) may be extended through subsequent elections under this subsection; and (C) shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e) Definitions \nIn this section: (1) The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2) The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. (3) The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices.. (b) Conforming amendment \nSection 2722(c)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–21(c)(1) ) is amended by striking The requirements and inserting Subject to section 2719B, the requirements. (c) Exclusive applicability of State law \nNotwithstanding any amendment made by this Act, State law that directly affects any standard or requirement relating to health insurance issuers and dental or vision benefit plans, shall have exclusive application and the amendments made by this Act shall not apply to the extent that such State law conflicts with such amendments. The State shall retain exclusive jurisdiction over health insurance issuers and limited scope dental or vision benefit plans that are directly governed by such State.", "id": "H3D1F601B53D7468A8E912B811A772487", "header": "Improving health care coverage under vision and dental plans", "nested": [ { "text": "(a) In general \nTitle XXVII of the Public Health Service Act is amended by inserting after section 2719A ( 42 U.S.C. 300gg–19a ) the following new section: 2719B. Improving coverage under vision and dental plans \n(a) In general \nUnder a group health plan or individual or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: (1) Payment amounts from covered persons \n(A) In general \nThe plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. (B) Items or services considered covered by a plan \nFor purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C) Exception for dental cleaning \nFor purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2) Duration of limited scope vision and dental plans \nIn the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits— (A) the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and (B) the agreement may be extended for unlimited terms, subject to subparagraph (A). (3) No restrictions on choice of laboratories \nThe plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage. (b) Notification \nThe Secretary shall on an annual basis notify each State of the State’s authority to enforce the provisions of subsection (a) against a group health plan or health insurance coverage described in subsection (a) pursuant to section 2723(a)(1) and request confirmation from the State whether or not the State will enforce the provisions of subsection (a). If a State notifies the Secretary that the State will not enforce the provisions of subsection (a) or fails to respond within 90 days of the Secretary’s request, the Secretary shall treat such State as failing to substantially enforce such provisions for purposes of subsections (a)(2) and (b) of section 2723. (c) Relationship to exception for limited, excepted benefits \nSection 2722(c)(1) shall not apply with respect to the requirements of this section. (d) Election To be excluded \n(1) In general \nIf a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2) Period of election \nAn election under paragraph (1)— (A) shall apply for a single specified plan year; (B) may be extended through subsequent elections under this subsection; and (C) shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e) Definitions \nIn this section: (1) The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2) The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. (3) The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices..", "id": "H132C57305DBC44949014EA6E7E627831", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–19a", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-19a" } ] }, { "text": "(b) Conforming amendment \nSection 2722(c)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–21(c)(1) ) is amended by striking The requirements and inserting Subject to section 2719B, the requirements.", "id": "H72658FD6293D4128A90C7387366C499F", "header": "Conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–21(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-21" } ] }, { "text": "(c) Exclusive applicability of State law \nNotwithstanding any amendment made by this Act, State law that directly affects any standard or requirement relating to health insurance issuers and dental or vision benefit plans, shall have exclusive application and the amendments made by this Act shall not apply to the extent that such State law conflicts with such amendments. The State shall retain exclusive jurisdiction over health insurance issuers and limited scope dental or vision benefit plans that are directly governed by such State.", "id": "H3961DFB626A348A2B4BE735655586593", "header": "Exclusive applicability of State law", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 300gg–19a", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-19a" }, { "text": "42 U.S.C. 300gg–21(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-21" } ] }, { "text": "2719B. Improving coverage under vision and dental plans \n(a) In general \nUnder a group health plan or individual or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: (1) Payment amounts from covered persons \n(A) In general \nThe plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. (B) Items or services considered covered by a plan \nFor purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C) Exception for dental cleaning \nFor purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2) Duration of limited scope vision and dental plans \nIn the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits— (A) the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and (B) the agreement may be extended for unlimited terms, subject to subparagraph (A). (3) No restrictions on choice of laboratories \nThe plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage. (b) Notification \nThe Secretary shall on an annual basis notify each State of the State’s authority to enforce the provisions of subsection (a) against a group health plan or health insurance coverage described in subsection (a) pursuant to section 2723(a)(1) and request confirmation from the State whether or not the State will enforce the provisions of subsection (a). If a State notifies the Secretary that the State will not enforce the provisions of subsection (a) or fails to respond within 90 days of the Secretary’s request, the Secretary shall treat such State as failing to substantially enforce such provisions for purposes of subsections (a)(2) and (b) of section 2723. (c) Relationship to exception for limited, excepted benefits \nSection 2722(c)(1) shall not apply with respect to the requirements of this section. (d) Election To be excluded \n(1) In general \nIf a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2) Period of election \nAn election under paragraph (1)— (A) shall apply for a single specified plan year; (B) may be extended through subsequent elections under this subsection; and (C) shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e) Definitions \nIn this section: (1) The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2) The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. (3) The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices.", "id": "HE388C39B013C49A2BE7B73D6FC5CCF8A", "header": "Improving coverage under vision and dental plans", "nested": [ { "text": "(a) In general \nUnder a group health plan or individual or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply: (1) Payment amounts from covered persons \n(A) In general \nThe plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services. (B) Items or services considered covered by a plan \nFor purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C) Exception for dental cleaning \nFor purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2) Duration of limited scope vision and dental plans \nIn the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits— (A) the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and (B) the agreement may be extended for unlimited terms, subject to subparagraph (A). (3) No restrictions on choice of laboratories \nThe plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage.", "id": "H2C4C88A41BC04597A60015799B82D307", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Notification \nThe Secretary shall on an annual basis notify each State of the State’s authority to enforce the provisions of subsection (a) against a group health plan or health insurance coverage described in subsection (a) pursuant to section 2723(a)(1) and request confirmation from the State whether or not the State will enforce the provisions of subsection (a). If a State notifies the Secretary that the State will not enforce the provisions of subsection (a) or fails to respond within 90 days of the Secretary’s request, the Secretary shall treat such State as failing to substantially enforce such provisions for purposes of subsections (a)(2) and (b) of section 2723.", "id": "HB7FF6C3072CF42F8934005D25F29C146", "header": "Notification", "nested": [], "links": [] }, { "text": "(c) Relationship to exception for limited, excepted benefits \nSection 2722(c)(1) shall not apply with respect to the requirements of this section.", "id": "H20467750DF334D16B535E26FDD528564", "header": "Relationship to exception for limited, excepted benefits", "nested": [], "links": [] }, { "text": "(d) Election To be excluded \n(1) In general \nIf a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2) Period of election \nAn election under paragraph (1)— (A) shall apply for a single specified plan year; (B) may be extended through subsequent elections under this subsection; and (C) shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2).", "id": "H038DD0196A6C44B99FCE557A86834719", "header": "Election To be excluded", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2) The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions. (3) The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices.", "id": "H72E8D6811F2C4D46B741A67484A6333F", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Civil actions and liability", "Dental care", "Employee benefits and pensions", "Health care costs and insurance", "Health care coverage and access", "Hearing, speech, and vision care", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2023 or the STOP CSAM Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Mandatory reporting of child abuse \n(a) In general \nSection 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) is amended— (1) in subsection (a)(2)— (A) by striking A covered individual and inserting the following: (A) In general \nA covered individual ; and (B) by adding at the end the following: (B) Geographic applicability \nSubparagraph (A) shall apply with respect to an incident of child abuse that— (i) occurred within the United States; or (ii) (I) occurred outside the United States; and (II) was committed by a United States citizen or an alien lawfully admitted for permanent residence. ; (2) in subsection (b)(8), by inserting and computer repair technicians after photo processors ; (3) in subsection (c)— (A) in paragraph (1), by striking physical or mental injury and inserting physical injury, psychological abuse ; (B) by striking paragraph (3) and inserting the following: (3) the term psychological abuse includes— (A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize, a child; and (B) the infliction of trauma on a child through— (i) isolation; (ii) the withholding of food or other necessities in order to control behavior; (iii) physical restraint; or (iv) confinement of the child without the child's consent and in degrading conditions; ; (C) in paragraph (5)(D)— (i) by striking genitals and inserting anus, genitals, ; and (ii) by striking or animal ; (D) in paragraph (6), by striking child prostitution and inserting child sex trafficking ; (E) in paragraph (8), by striking the term child abuse and inserting the terms physical injury and psychological abuse ; (F) in paragraph (9)— (i) in subparagraph (A)— (I) by striking minor and inserting child ; and (II) by striking or at the end; (ii) in subparagraph (B), by adding or at the end; and (iii) by adding at the end the following: (C) is authorized to interact with a child by a covered program that is providing any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to that child; ; (G) in paragraph (11), by striking and at the end; (H) in paragraph (12), by striking the period and inserting a semicolon; and (I) by adding at the end the following: (13) the term child means a person who is under the age of 18; (14) the term computer has the meaning given the term in section 1030 of title 18, United States Code; (15) the term covered program means any program that receives, in any 1-year period, benefits in excess of $10,000 under a Federal program involving a grant (not including a formula grant to a State, territory, or Tribe), contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance to provide any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to a child; and (16) the term privileged communication means any communication between 2 parties that, under any applicable law where the communication takes place— (A) is recognized as privileged; (B) is not subject to any exception; and (C) is not subject to a reporting requirement regardless of any applicable privilege. ; (4) in subsection (d)— (A) in the first sentence, by striking an agency and inserting one or more agencies ; and (B) by striking and law enforcement personnel and inserting , law enforcement personnel, and children’s advocacy center personnel in a multidisciplinary team setting ; (5) in subsection (i)— (A) in the heading, by striking Rule and inserting Rules ; (B) by striking Nothing and inserting the following: (1) Applicability to victims \nNothing ; and (C) by adding at the end the following: (2) Applicability to attorneys \nNothing in this section shall be construed to require a licensed attorney to take any action that would violate any applicable rule of professional conduct. (3) Privileged communications \nNothing in this section shall be construed to require a covered individual described in subsection (c)(9)(C) who engages in privileged communication through the covered individual's work for the covered program, whether or not for compensation, to report any information exclusively received in the context of a privileged communication. ; and (6) by adding at the end the following: (j) Outreach to covered programs \n(1) In general \nEach Federal agency that has provided Federal assistance to a program that may cause the program to qualify as a covered program shall make reasonable efforts to promote awareness of the reporting requirements under subsection (a) among such programs. (2) Rule of construction \nParagraph (1) shall not be construed to require individual notice to each program to which a Federal agency has provided Federal assistance as described in that paragraph.. (b) Conforming amendment to title 18, United States Code \nSection 2258 of title 18, United States Code, is amended to read as follows: 2258. Failure to report child abuse \n(a) Definitions \nIn this section, the terms child abuse and covered individual have the meanings given those terms in section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). (b) Offenses \n(1) Covered professionals \nIt shall be unlawful for a person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, to knowingly fail to make a timely report as required by subsection (a)(1) of that section. (2) Covered individuals \nIt shall be unlawful for a covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse described in subsection (c) to knowingly fail to make a timely report as required by subsection (a)(2) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). (c) Incidents of child abuse that covered individuals must report \nAn incident of child abuse referred to in subsection (b)(2) is an incident of child abuse that— (1) occurred within the United States; or (2) (A) occurred outside the United States; and (B) was committed by a United States citizen or an alien lawfully admitted for permanent residence. (d) Penalty \nA person or individual who violates subsection (b) shall be fined under this title or imprisoned not more than 1 year or both.. (c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 120 days after the date of enactment of this Act. (2) Outreach \nThe amendment made by subsection (a)(5) shall take effect on the date of enactment of this Act. (d) ICAC Task Force Supplemental Grant Program \n(1) Definitions \nIn this subsection: (A) Child \nThe term child means an individual who has not attained 18 years of age. (B) Child abuse \nThe term child abuse — (i) has the meaning given the term under any applicable State law requiring reporting of child abuse or neglect by individuals; or (ii) in the case of a State in which a law described in clause (i) that defines child abuse is not in effect, has the meaning given the term in section 226(c) of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341(c) ). (C) Covered entity \nThe term covered entity means any institution, program, or organization that provides any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to a child. (D) ICAC Grant Program \nThe term ICAC Grant Program means the grant program under section 106 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116 ). (E) ICAC Task Force \nThe term ICAC Task Force means a task force that is part of the National Internet Crimes Against Children Task Force Program established under section 102 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21112 ). (F) Eligible ICAC Task Force \nThe term Eligible ICAC Task Force means an ICAC Task Force that— (i) was established on or before the date of enactment of this Act; and (ii) is located in a State that, as of the last day of the preceding fiscal year, had in effect a law that, at a minimum— (I) with respect to a mandatory reporter who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, requires the mandatory reporter to report the suspected child abuse to a law enforcement agency, a child protective services agency, or both; (II) requires the report described in subclause (I) to be made as soon as possible, and in any event not later than 48 hours after the mandatory reporter learns of the facts that give reason to suspect that a child has suffered an incident of child abuse; (III) prohibits a covered entity from— (aa) taking any action to prevent or discourage reporting of child abuse; or (bb) retaliating against a mandatory reporter for making a report described in subclause (I); and (IV) provides a criminal, civil, or administrative penalty for the knowing failure by a mandatory reporter to submit a report in accordance with the requirement described in subclause (I). (G) Mandatory reporter \nThe term mandatory reporter means an individual who— (i) has attained the age of 18 years; and (ii) is authorized to interact with a child by a covered entity that is providing any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to that child. (H) Privileged communication \nThe term privileged communication means any communication between 2 parties that, under any applicable law where the communication takes place— (i) is recognized as privileged; (ii) is not subject to any exception; and (iii) is not subject to a reporting requirement regardless of any applicable privilege. (2) Waiver of match for eligible ICAC task forces \nThe Attorney General shall waive the matching requirement for an Eligible ICAC Task Force under section 106(a)(3)(B) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116(a)(3)(B) ) for not more than 4 fiscal years in accordance with this subsection. (3) Establishment of ICAC Task Force Supplemental Grant Program \n(A) Supplemental grant program established \nThere is established an ICAC Task Force Supplemental Grant Program within the Department of Justice, under which the Attorney General shall award grants (referred to in this subsection as supplemental grants ) to an Eligible ICAC Task Force in addition to any grants distributed to the Eligible ICAC Task Force under the ICAC Grant Program. (B) Grant amount \nThe amount of a supplemental grant awarded to an Eligible ICAC Task Force shall be not less than 10 percent of the average amount of the 3 most recent awards to the Eligible ICAC Task Force under the ICAC Grant Program. (C) Remaining funds \nAny amounts appropriated to carry out this subsection that are not used for supplemental grants shall be distributed to any Eligible ICAC Task Force in accordance with section 106(a)(3)(A) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116(a)(3)(A) ). (D) Number of supplemental grants \nThe Attorney General may provide a supplemental grant to an Eligible ICAC Task Force for not more than 4 fiscal years. (4) Application \nAn Eligible ICAC Task Force seeking the waiver described in paragraph (2) or a supplemental grant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in paragraph (1)(F)(ii). (5) Rule of construction \nNothing in paragraph (1)(F)(ii) shall be construed to require a State to have in effect a law that requires an individual who engages in privileged communication through the individual’s work for a covered entity, whether or not for compensation, to report any information exclusively received in the context of a privileged communication. (6) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2024 through 2029.", "id": "id2b92da30ed31429a89773cde402f1dbb", "header": "Mandatory reporting of child abuse", "nested": [ { "text": "(a) In general \nSection 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) is amended— (1) in subsection (a)(2)— (A) by striking A covered individual and inserting the following: (A) In general \nA covered individual ; and (B) by adding at the end the following: (B) Geographic applicability \nSubparagraph (A) shall apply with respect to an incident of child abuse that— (i) occurred within the United States; or (ii) (I) occurred outside the United States; and (II) was committed by a United States citizen or an alien lawfully admitted for permanent residence. ; (2) in subsection (b)(8), by inserting and computer repair technicians after photo processors ; (3) in subsection (c)— (A) in paragraph (1), by striking physical or mental injury and inserting physical injury, psychological abuse ; (B) by striking paragraph (3) and inserting the following: (3) the term psychological abuse includes— (A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize, a child; and (B) the infliction of trauma on a child through— (i) isolation; (ii) the withholding of food or other necessities in order to control behavior; (iii) physical restraint; or (iv) confinement of the child without the child's consent and in degrading conditions; ; (C) in paragraph (5)(D)— (i) by striking genitals and inserting anus, genitals, ; and (ii) by striking or animal ; (D) in paragraph (6), by striking child prostitution and inserting child sex trafficking ; (E) in paragraph (8), by striking the term child abuse and inserting the terms physical injury and psychological abuse ; (F) in paragraph (9)— (i) in subparagraph (A)— (I) by striking minor and inserting child ; and (II) by striking or at the end; (ii) in subparagraph (B), by adding or at the end; and (iii) by adding at the end the following: (C) is authorized to interact with a child by a covered program that is providing any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to that child; ; (G) in paragraph (11), by striking and at the end; (H) in paragraph (12), by striking the period and inserting a semicolon; and (I) by adding at the end the following: (13) the term child means a person who is under the age of 18; (14) the term computer has the meaning given the term in section 1030 of title 18, United States Code; (15) the term covered program means any program that receives, in any 1-year period, benefits in excess of $10,000 under a Federal program involving a grant (not including a formula grant to a State, territory, or Tribe), contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance to provide any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to a child; and (16) the term privileged communication means any communication between 2 parties that, under any applicable law where the communication takes place— (A) is recognized as privileged; (B) is not subject to any exception; and (C) is not subject to a reporting requirement regardless of any applicable privilege. ; (4) in subsection (d)— (A) in the first sentence, by striking an agency and inserting one or more agencies ; and (B) by striking and law enforcement personnel and inserting , law enforcement personnel, and children’s advocacy center personnel in a multidisciplinary team setting ; (5) in subsection (i)— (A) in the heading, by striking Rule and inserting Rules ; (B) by striking Nothing and inserting the following: (1) Applicability to victims \nNothing ; and (C) by adding at the end the following: (2) Applicability to attorneys \nNothing in this section shall be construed to require a licensed attorney to take any action that would violate any applicable rule of professional conduct. (3) Privileged communications \nNothing in this section shall be construed to require a covered individual described in subsection (c)(9)(C) who engages in privileged communication through the covered individual's work for the covered program, whether or not for compensation, to report any information exclusively received in the context of a privileged communication. ; and (6) by adding at the end the following: (j) Outreach to covered programs \n(1) In general \nEach Federal agency that has provided Federal assistance to a program that may cause the program to qualify as a covered program shall make reasonable efforts to promote awareness of the reporting requirements under subsection (a) among such programs. (2) Rule of construction \nParagraph (1) shall not be construed to require individual notice to each program to which a Federal agency has provided Federal assistance as described in that paragraph..", "id": "id71C7D0D772F44CA09A4CCA2842C8745E", "header": "In general", "nested": [], "links": [ { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" } ] }, { "text": "(b) Conforming amendment to title 18, United States Code \nSection 2258 of title 18, United States Code, is amended to read as follows: 2258. Failure to report child abuse \n(a) Definitions \nIn this section, the terms child abuse and covered individual have the meanings given those terms in section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). (b) Offenses \n(1) Covered professionals \nIt shall be unlawful for a person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, to knowingly fail to make a timely report as required by subsection (a)(1) of that section. (2) Covered individuals \nIt shall be unlawful for a covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse described in subsection (c) to knowingly fail to make a timely report as required by subsection (a)(2) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). (c) Incidents of child abuse that covered individuals must report \nAn incident of child abuse referred to in subsection (b)(2) is an incident of child abuse that— (1) occurred within the United States; or (2) (A) occurred outside the United States; and (B) was committed by a United States citizen or an alien lawfully admitted for permanent residence. (d) Penalty \nA person or individual who violates subsection (b) shall be fined under this title or imprisoned not more than 1 year or both..", "id": "id87B2FB87C8E94C669E713B184B0D088B", "header": "Conforming amendment to title 18, United States Code", "nested": [], "links": [ { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" } ] }, { "text": "(c) Effective date \n(1) In general \nExcept as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 120 days after the date of enactment of this Act. (2) Outreach \nThe amendment made by subsection (a)(5) shall take effect on the date of enactment of this Act.", "id": "id5969005F11BB47DDAA4C194261701CE7", "header": "Effective date", "nested": [], "links": [] }, { "text": "(d) ICAC Task Force Supplemental Grant Program \n(1) Definitions \nIn this subsection: (A) Child \nThe term child means an individual who has not attained 18 years of age. (B) Child abuse \nThe term child abuse — (i) has the meaning given the term under any applicable State law requiring reporting of child abuse or neglect by individuals; or (ii) in the case of a State in which a law described in clause (i) that defines child abuse is not in effect, has the meaning given the term in section 226(c) of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341(c) ). (C) Covered entity \nThe term covered entity means any institution, program, or organization that provides any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to a child. (D) ICAC Grant Program \nThe term ICAC Grant Program means the grant program under section 106 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116 ). (E) ICAC Task Force \nThe term ICAC Task Force means a task force that is part of the National Internet Crimes Against Children Task Force Program established under section 102 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21112 ). (F) Eligible ICAC Task Force \nThe term Eligible ICAC Task Force means an ICAC Task Force that— (i) was established on or before the date of enactment of this Act; and (ii) is located in a State that, as of the last day of the preceding fiscal year, had in effect a law that, at a minimum— (I) with respect to a mandatory reporter who learns of facts that give reason to suspect that a child has suffered an incident of child abuse, requires the mandatory reporter to report the suspected child abuse to a law enforcement agency, a child protective services agency, or both; (II) requires the report described in subclause (I) to be made as soon as possible, and in any event not later than 48 hours after the mandatory reporter learns of the facts that give reason to suspect that a child has suffered an incident of child abuse; (III) prohibits a covered entity from— (aa) taking any action to prevent or discourage reporting of child abuse; or (bb) retaliating against a mandatory reporter for making a report described in subclause (I); and (IV) provides a criminal, civil, or administrative penalty for the knowing failure by a mandatory reporter to submit a report in accordance with the requirement described in subclause (I). (G) Mandatory reporter \nThe term mandatory reporter means an individual who— (i) has attained the age of 18 years; and (ii) is authorized to interact with a child by a covered entity that is providing any care, treatment, education, training, instruction, religious guidance, supervision, or recreational opportunities to that child. (H) Privileged communication \nThe term privileged communication means any communication between 2 parties that, under any applicable law where the communication takes place— (i) is recognized as privileged; (ii) is not subject to any exception; and (iii) is not subject to a reporting requirement regardless of any applicable privilege. (2) Waiver of match for eligible ICAC task forces \nThe Attorney General shall waive the matching requirement for an Eligible ICAC Task Force under section 106(a)(3)(B) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116(a)(3)(B) ) for not more than 4 fiscal years in accordance with this subsection. (3) Establishment of ICAC Task Force Supplemental Grant Program \n(A) Supplemental grant program established \nThere is established an ICAC Task Force Supplemental Grant Program within the Department of Justice, under which the Attorney General shall award grants (referred to in this subsection as supplemental grants ) to an Eligible ICAC Task Force in addition to any grants distributed to the Eligible ICAC Task Force under the ICAC Grant Program. (B) Grant amount \nThe amount of a supplemental grant awarded to an Eligible ICAC Task Force shall be not less than 10 percent of the average amount of the 3 most recent awards to the Eligible ICAC Task Force under the ICAC Grant Program. (C) Remaining funds \nAny amounts appropriated to carry out this subsection that are not used for supplemental grants shall be distributed to any Eligible ICAC Task Force in accordance with section 106(a)(3)(A) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21116(a)(3)(A) ). (D) Number of supplemental grants \nThe Attorney General may provide a supplemental grant to an Eligible ICAC Task Force for not more than 4 fiscal years. (4) Application \nAn Eligible ICAC Task Force seeking the waiver described in paragraph (2) or a supplemental grant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in paragraph (1)(F)(ii). (5) Rule of construction \nNothing in paragraph (1)(F)(ii) shall be construed to require a State to have in effect a law that requires an individual who engages in privileged communication through the individual’s work for a covered entity, whether or not for compensation, to report any information exclusively received in the context of a privileged communication. (6) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2024 through 2029.", "id": "ide1ee6d7f699c448ab714cb83e4cd8de6", "header": "ICAC Task Force Supplemental Grant Program", "nested": [], "links": [ { "text": "34 U.S.C. 20341(c)", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 21116", "legal-doc": "usc", "parsable-cite": "usc/34/21116" }, { "text": "34 U.S.C. 21112", "legal-doc": "usc", "parsable-cite": "usc/34/21112" }, { "text": "34 U.S.C. 21116(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/34/21116" }, { "text": "34 U.S.C. 21116(a)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/34/21116" } ] } ], "links": [ { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341(c)", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 21116", "legal-doc": "usc", "parsable-cite": "usc/34/21116" }, { "text": "34 U.S.C. 21112", "legal-doc": "usc", "parsable-cite": "usc/34/21112" }, { "text": "34 U.S.C. 21116(a)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/34/21116" }, { "text": "34 U.S.C. 21116(a)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/34/21116" } ] }, { "text": "2258. Failure to report child abuse \n(a) Definitions \nIn this section, the terms child abuse and covered individual have the meanings given those terms in section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). (b) Offenses \n(1) Covered professionals \nIt shall be unlawful for a person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, to knowingly fail to make a timely report as required by subsection (a)(1) of that section. (2) Covered individuals \nIt shall be unlawful for a covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse described in subsection (c) to knowingly fail to make a timely report as required by subsection (a)(2) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ). (c) Incidents of child abuse that covered individuals must report \nAn incident of child abuse referred to in subsection (b)(2) is an incident of child abuse that— (1) occurred within the United States; or (2) (A) occurred outside the United States; and (B) was committed by a United States citizen or an alien lawfully admitted for permanent residence. (d) Penalty \nA person or individual who violates subsection (b) shall be fined under this title or imprisoned not more than 1 year or both.", "id": "id4AA155EB35554ADB84D673BC85CB0450", "header": "Failure to report child abuse", "nested": [ { "text": "(a) Definitions \nIn this section, the terms child abuse and covered individual have the meanings given those terms in section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ).", "id": "id91BEA4CFD96A4F92BF1646A8320F7B04", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" } ] }, { "text": "(b) Offenses \n(1) Covered professionals \nIt shall be unlawful for a person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ) on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, to knowingly fail to make a timely report as required by subsection (a)(1) of that section. (2) Covered individuals \nIt shall be unlawful for a covered individual who learns of facts that give reason to suspect that a child has suffered an incident of child abuse described in subsection (c) to knowingly fail to make a timely report as required by subsection (a)(2) of section 226 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341 ).", "id": "id25723B29C33A4773AE3B54B24020E793", "header": "Offenses", "nested": [], "links": [ { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" } ] }, { "text": "(c) Incidents of child abuse that covered individuals must report \nAn incident of child abuse referred to in subsection (b)(2) is an incident of child abuse that— (1) occurred within the United States; or (2) (A) occurred outside the United States; and (B) was committed by a United States citizen or an alien lawfully admitted for permanent residence.", "id": "id0E66F17875C7463EB605866395A6FAE9", "header": "Incidents of child abuse that covered individuals must report", "nested": [], "links": [] }, { "text": "(d) Penalty \nA person or individual who violates subsection (b) shall be fined under this title or imprisoned not more than 1 year or both.", "id": "idC4403BEBD52E408A835EC7C56299991D", "header": "Penalty", "nested": [], "links": [] } ], "links": [ { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20341", "legal-doc": "usc", "parsable-cite": "usc/34/20341" } ] }, { "text": "3. Protecting child victims and witnesses in Federal court \n(a) In general \nSection 3509 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)(A), by striking or exploitation and inserting exploitation, or kidnapping, including international parental kidnapping ; (B) in paragraph (3), by striking physical or mental injury and inserting physical injury, psychological abuse ; (C) by striking paragraph (5) and inserting the following: (5) the term psychological abuse includes— (A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and (B) the infliction of trauma on a child through— (i) isolation; (ii) the withholding of food or other necessities in order to control behavior; (iii) physical restraint; or (iv) the confinement of the child without the child's consent and in degrading conditions; ; (D) in paragraph (6), by striking child prostitution and inserting child sex trafficking ; (E) by striking paragraph (7) and inserting the following: (7) the term multidisciplinary child abuse team means a professional unit of individuals working together to investigate child abuse and provide assistance and support to a victim of child abuse, composed of representatives from— (A) health, social service, and legal service agencies that represent the child; (B) law enforcement agencies and prosecutorial offices; and (C) children's advocacy centers; ; (F) in paragraph (9)(D)— (i) by striking genitals and inserting anus, genitals, ; and (ii) by striking or animal ; (G) in paragraph (11), by striking and at the end; (H) in paragraph (12)— (i) by striking the term child abuse does not and inserting the terms physical injury and psychological abuse do not ; and (ii) by striking the period and inserting a semicolon; and (I) by adding at the end the following: (13) the term covered person means a person of any age who— (A) is or is alleged to be— (i) a victim of a crime of physical abuse, sexual abuse, exploitation, or kidnapping, including international parental kidnapping; or (ii) a witness to a crime committed against another person; and (B) was under the age of 18 when the crime described in subparagraph (A) was committed; and (14) the term protected information , with respect to a covered person, includes— (A) personally identifiable information of the covered person, including— (i) the name of the covered person; (ii) an address; (iii) a phone number; (iv) a user name or identifying information for an online, social media, or email account; and (v) any information that can be used to distinguish or trace the identity of the covered person, either alone or when combined with other information that is linked or linkable to the covered person; (B) medical, dental, behavioral, psychiatric, or psychological information of the covered person; (C) educational or juvenile justice records of the covered person; and (D) any other information concerning the covered person that is deemed protected information by order of the court under subsection (d)(5). ; (2) in subsection (b)— (A) in paragraph (1)(C), by striking minor and inserting child ; and (B) in paragraph (2)— (i) in the heading, by striking Videotaped and inserting Recorded ; (ii) in subparagraph (A), by striking that the deposition be recorded and preserved on videotape and inserting that a video recording of the deposition be made and preserved ; (iii) in subparagraph (B)— (I) in clause (ii), by striking that the child's deposition be taken and preserved by videotape and inserting that a video recording of the child's deposition be made and preserved ; (II) in clause (iii)— (aa) in the matter preceding subclause (I), by striking videotape and inserting recorded ; and (bb) in subclause (IV), by striking videotape and inserting recording ; and (III) in clause (v)— (aa) in the heading, by striking videotape and inserting video recording ; (bb) in the first sentence, by striking made and preserved on video tape and inserting recorded and preserved ; and (cc) in the second sentence, by striking videotape and inserting video recording ; (iv) in subparagraph (C), by striking child's videotaped and inserting video recording of the child's ; (v) in subparagraph (D)— (I) by striking videotaping and inserting deposition ; and (II) by striking videotaped and inserting recorded ; (vi) in subparagraph (E), by striking videotaped and inserting recorded ; and (vii) in subparagraph (F), by striking videotape each place the term appears and inserting video recording ; (3) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (i), by striking the name of or any other information concerning a child and inserting a covered person's protected information ; and (ii) in clause (ii)— (I) by striking documents described in clause (i) or the information in them that concerns a child and inserting a covered person’s protected information ; and (II) by striking , have reason to know such information and inserting (including witnesses or potential witnesses), have reason to know each item of protected information to be disclosed ; (B) in paragraph (2)— (i) by striking the name of or any other information concerning a child each place the term appears and inserting a covered person’s protected information ; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (iii) by striking All papers and inserting the following: (A) In general \nAll papers ; and (iv) by adding at the end the following: (B) Enforcement of violations \nThe court may address a violation of subparagraph (A) in the same manner as disobedience or resistance to a lawful court order under section 401(3). ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) by striking a child from public disclosure of the name of or any other information concerning the child and inserting a covered person's protected information from public disclosure ; and (II) by striking , if the court determines that there is a significant possibility that such disclosure would be detrimental to the child ; (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking a child witness, and the testimony of any other witness and inserting any witness ; and (bb) by striking the name of or any other information concerning a child and inserting the covered person's protected information ; and (II) in clause (ii), by striking child and inserting covered person ; and (iii) by adding at the end the following: (C) (i) For purposes of this paragraph, there shall be a presumption that public disclosure of a covered person’s protected information would be detrimental to the covered person. (ii) The court shall deny a motion for a protective order under subparagraph (A) only if the court finds that the party opposing the motion has rebutted the presumption under clause (i) of this subparagraph. ; (D) in paragraph (4)— (i) by striking This subsection and inserting the following: (A) Disclosure to certain parties \nThis subsection ; (ii) in subparagraph (A), as so designated— (I) by striking the name of or other information concerning a child and inserting a covered person's protected information ; and (II) by striking or an adult attendant, or to and inserting an adult attendant, a law enforcement agency for any intelligence or investigative purpose, or ; and (iii) by adding at the end the following: (B) Request for public disclosure \nIf any party requests public disclosure of a covered person’s protected information to further a public interest, the court shall deny the request unless the court finds that— (i) the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person’s protected information; (ii) there is a substantial probability that the public interest would be harmed if the covered person’s protected information is not disclosed; (iii) the substantial probability of harm to the public interest outweighs the harm to the covered person from public disclosure of the covered person’s protected information; and (iv) there is no alternative to public disclosure of the covered person’s protected information that would adequately protect the public interest. ; and (E) by adding at the end the following: (5) Other protected information \nThe court may order that information shall be considered to be protected information for purposes of this subsection if the court finds that the information is sufficiently personal, sensitive, or identifying that it should be subject to the protections and presumptions under this subsection. ; (4) by striking subsection (f) and inserting the following: (f) Victim impact statement \n(1) Probation officer \nIn preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team, if applicable, or other appropriate sources to determine the impact of the offense on a child victim and any other children who may have been affected by the offense. (2) Guardian ad litem \nA guardian ad litem appointed under subsection (h) shall— (A) make every effort to obtain and report information that accurately expresses the views of a child victim, and the views of family members as appropriate, concerning the impact of the offense; and (B) use forms that permit a child victim to express the child's views concerning the personal consequences of the offense, at a level and in a form of communication commensurate with the child's age and ability. ; (5) in subsection (h), by adding at the end the following: (4) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the United States courts to carry out this subsection $25,000,000 for each fiscal year. (B) Supervision of payments \nPayments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts. ; (6) in subsection (i)— (A) by striking A child testifying at or attending a judicial proceeding and inserting the following: (1) In general \nA child testifying at a judicial proceeding, including in a manner described in subsection (b), ; (B) in paragraph (1), as so designated— (i) in the third sentence, by striking proceeding and inserting testimony ; and (ii) by striking the fifth sentence; and (C) by adding at the end the following: (2) Recording \nIf the adult attendant is in close physical proximity to or in contact with the child while the child testifies— (A) at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or (B) in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition. (3) Covered persons attending proceeding \nA covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding. ; (7) in subsection (j)— (A) by striking child each place the term appears and inserting covered person ; and (B) in the fourth sentence— (i) by striking and the potential and inserting the potential ; (ii) by striking child's and inserting covered person's ; and (iii) by inserting before the period at the end the following: , and the necessity of the continuance to protect the defendant's rights ; (8) in subsection (k), by striking child each place the term appears and inserting covered person ; and (9) in subsection (l), by striking child each place the term appears and inserting covered person. (b) Effective date \nThe amendments made by this section shall apply to conduct that occurred before, on, or after the date of enactment of this Act.", "id": "id79ed4e4238fb46e0a744ca2688cbe340", "header": "Protecting child victims and witnesses in Federal court", "nested": [ { "text": "(a) In general \nSection 3509 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)(A), by striking or exploitation and inserting exploitation, or kidnapping, including international parental kidnapping ; (B) in paragraph (3), by striking physical or mental injury and inserting physical injury, psychological abuse ; (C) by striking paragraph (5) and inserting the following: (5) the term psychological abuse includes— (A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and (B) the infliction of trauma on a child through— (i) isolation; (ii) the withholding of food or other necessities in order to control behavior; (iii) physical restraint; or (iv) the confinement of the child without the child's consent and in degrading conditions; ; (D) in paragraph (6), by striking child prostitution and inserting child sex trafficking ; (E) by striking paragraph (7) and inserting the following: (7) the term multidisciplinary child abuse team means a professional unit of individuals working together to investigate child abuse and provide assistance and support to a victim of child abuse, composed of representatives from— (A) health, social service, and legal service agencies that represent the child; (B) law enforcement agencies and prosecutorial offices; and (C) children's advocacy centers; ; (F) in paragraph (9)(D)— (i) by striking genitals and inserting anus, genitals, ; and (ii) by striking or animal ; (G) in paragraph (11), by striking and at the end; (H) in paragraph (12)— (i) by striking the term child abuse does not and inserting the terms physical injury and psychological abuse do not ; and (ii) by striking the period and inserting a semicolon; and (I) by adding at the end the following: (13) the term covered person means a person of any age who— (A) is or is alleged to be— (i) a victim of a crime of physical abuse, sexual abuse, exploitation, or kidnapping, including international parental kidnapping; or (ii) a witness to a crime committed against another person; and (B) was under the age of 18 when the crime described in subparagraph (A) was committed; and (14) the term protected information , with respect to a covered person, includes— (A) personally identifiable information of the covered person, including— (i) the name of the covered person; (ii) an address; (iii) a phone number; (iv) a user name or identifying information for an online, social media, or email account; and (v) any information that can be used to distinguish or trace the identity of the covered person, either alone or when combined with other information that is linked or linkable to the covered person; (B) medical, dental, behavioral, psychiatric, or psychological information of the covered person; (C) educational or juvenile justice records of the covered person; and (D) any other information concerning the covered person that is deemed protected information by order of the court under subsection (d)(5). ; (2) in subsection (b)— (A) in paragraph (1)(C), by striking minor and inserting child ; and (B) in paragraph (2)— (i) in the heading, by striking Videotaped and inserting Recorded ; (ii) in subparagraph (A), by striking that the deposition be recorded and preserved on videotape and inserting that a video recording of the deposition be made and preserved ; (iii) in subparagraph (B)— (I) in clause (ii), by striking that the child's deposition be taken and preserved by videotape and inserting that a video recording of the child's deposition be made and preserved ; (II) in clause (iii)— (aa) in the matter preceding subclause (I), by striking videotape and inserting recorded ; and (bb) in subclause (IV), by striking videotape and inserting recording ; and (III) in clause (v)— (aa) in the heading, by striking videotape and inserting video recording ; (bb) in the first sentence, by striking made and preserved on video tape and inserting recorded and preserved ; and (cc) in the second sentence, by striking videotape and inserting video recording ; (iv) in subparagraph (C), by striking child's videotaped and inserting video recording of the child's ; (v) in subparagraph (D)— (I) by striking videotaping and inserting deposition ; and (II) by striking videotaped and inserting recorded ; (vi) in subparagraph (E), by striking videotaped and inserting recorded ; and (vii) in subparagraph (F), by striking videotape each place the term appears and inserting video recording ; (3) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (i), by striking the name of or any other information concerning a child and inserting a covered person's protected information ; and (ii) in clause (ii)— (I) by striking documents described in clause (i) or the information in them that concerns a child and inserting a covered person’s protected information ; and (II) by striking , have reason to know such information and inserting (including witnesses or potential witnesses), have reason to know each item of protected information to be disclosed ; (B) in paragraph (2)— (i) by striking the name of or any other information concerning a child each place the term appears and inserting a covered person’s protected information ; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (iii) by striking All papers and inserting the following: (A) In general \nAll papers ; and (iv) by adding at the end the following: (B) Enforcement of violations \nThe court may address a violation of subparagraph (A) in the same manner as disobedience or resistance to a lawful court order under section 401(3). ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) by striking a child from public disclosure of the name of or any other information concerning the child and inserting a covered person's protected information from public disclosure ; and (II) by striking , if the court determines that there is a significant possibility that such disclosure would be detrimental to the child ; (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking a child witness, and the testimony of any other witness and inserting any witness ; and (bb) by striking the name of or any other information concerning a child and inserting the covered person's protected information ; and (II) in clause (ii), by striking child and inserting covered person ; and (iii) by adding at the end the following: (C) (i) For purposes of this paragraph, there shall be a presumption that public disclosure of a covered person’s protected information would be detrimental to the covered person. (ii) The court shall deny a motion for a protective order under subparagraph (A) only if the court finds that the party opposing the motion has rebutted the presumption under clause (i) of this subparagraph. ; (D) in paragraph (4)— (i) by striking This subsection and inserting the following: (A) Disclosure to certain parties \nThis subsection ; (ii) in subparagraph (A), as so designated— (I) by striking the name of or other information concerning a child and inserting a covered person's protected information ; and (II) by striking or an adult attendant, or to and inserting an adult attendant, a law enforcement agency for any intelligence or investigative purpose, or ; and (iii) by adding at the end the following: (B) Request for public disclosure \nIf any party requests public disclosure of a covered person’s protected information to further a public interest, the court shall deny the request unless the court finds that— (i) the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person’s protected information; (ii) there is a substantial probability that the public interest would be harmed if the covered person’s protected information is not disclosed; (iii) the substantial probability of harm to the public interest outweighs the harm to the covered person from public disclosure of the covered person’s protected information; and (iv) there is no alternative to public disclosure of the covered person’s protected information that would adequately protect the public interest. ; and (E) by adding at the end the following: (5) Other protected information \nThe court may order that information shall be considered to be protected information for purposes of this subsection if the court finds that the information is sufficiently personal, sensitive, or identifying that it should be subject to the protections and presumptions under this subsection. ; (4) by striking subsection (f) and inserting the following: (f) Victim impact statement \n(1) Probation officer \nIn preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team, if applicable, or other appropriate sources to determine the impact of the offense on a child victim and any other children who may have been affected by the offense. (2) Guardian ad litem \nA guardian ad litem appointed under subsection (h) shall— (A) make every effort to obtain and report information that accurately expresses the views of a child victim, and the views of family members as appropriate, concerning the impact of the offense; and (B) use forms that permit a child victim to express the child's views concerning the personal consequences of the offense, at a level and in a form of communication commensurate with the child's age and ability. ; (5) in subsection (h), by adding at the end the following: (4) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the United States courts to carry out this subsection $25,000,000 for each fiscal year. (B) Supervision of payments \nPayments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts. ; (6) in subsection (i)— (A) by striking A child testifying at or attending a judicial proceeding and inserting the following: (1) In general \nA child testifying at a judicial proceeding, including in a manner described in subsection (b), ; (B) in paragraph (1), as so designated— (i) in the third sentence, by striking proceeding and inserting testimony ; and (ii) by striking the fifth sentence; and (C) by adding at the end the following: (2) Recording \nIf the adult attendant is in close physical proximity to or in contact with the child while the child testifies— (A) at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or (B) in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition. (3) Covered persons attending proceeding \nA covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding. ; (7) in subsection (j)— (A) by striking child each place the term appears and inserting covered person ; and (B) in the fourth sentence— (i) by striking and the potential and inserting the potential ; (ii) by striking child's and inserting covered person's ; and (iii) by inserting before the period at the end the following: , and the necessity of the continuance to protect the defendant's rights ; (8) in subsection (k), by striking child each place the term appears and inserting covered person ; and (9) in subsection (l), by striking child each place the term appears and inserting covered person.", "id": "id7ECB74E1F44A4BDFAF0159226D7F428D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to conduct that occurred before, on, or after the date of enactment of this Act.", "id": "id19bd59029d06444780a51e2781dbe17c", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Facilitating payment of restitution; technical amendments to restitution statutes \nTitle 18, United States Code, is amended— (1) in section 1593(c)— (A) by inserting (1) after (c) ; (B) by striking chapter, including, in and inserting the following: chapter. (2) In ; and (C) in paragraph (2), as so designated, by inserting may assume the rights of the crime victim under this section after suitable by the court ; (2) in section 2248(c)— (A) by striking For purposes and inserting the following: (1) In general \nFor purposes ; (B) by striking chapter, including, in and inserting the following: chapter. (2) Assumption of crime victim's rights \nIn ; and (C) in paragraph (2), as so designated, by inserting may assume the rights of the crime victim under this section after suitable by the court ; (3) in section 2259— (A) in subsection (b)— (i) in paragraph (1), by striking Directions.—Except as provided in paragraph (2), the and inserting Restitution for child pornography production.—If the defendant was convicted of child pornography production, the ; and (ii) in paragraph (2)(B), by striking $3,000. and inserting the following: “— (i) $3,000; or (ii) 10 percent of the full amount of the victim’s losses, if the full amount of the victim's losses is less than $3,000. ; and (B) in subsection (c)— (i) by striking paragraph (1) and inserting the following: (1) Child pornography production \nFor purposes of this section and section 2259A, the term child pornography production means— (A) a violation of subsection (a), (b), or (c) of section 2251, or an attempt or conspiracy to violate any of those subsections under subsection (e) of that section; (B) a violation of section 2251A; (C) a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography— (i) produced by the defendant; or (ii) that the defendant attempted or conspired to produce; (D) a violation of section 2252A(g) if the series of felony violations involves not fewer than 1 violation— (i) described in subparagraph (A), (B), (E), or (F) of this paragraph; (ii) of section 1591; or (iii) of section 1201, chapter 109A, or chapter 117, if the victim is a minor; (E) a violation of subsection (a) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(1) of that section; (F) (i) a violation of section 2260B(a)(2) for promoting or facilitating an offense— (I) described in subparagraph (A), (B), (D), or (E) of this paragraph; or (II) under section 2422(b); or (ii) attempting or conspiring to promote or facilitate an offense described in clause (i) of this subparagraph under section 2260B(b); and (G) a violation of chapter 109A or chapter 117, if the offense involves the production or attempted production of, or conspiracy to produce, child pornography. ; and (ii) by striking paragraph (3) and inserting the following: (3) Trafficking in child pornography \nFor purposes of this section and section 2259A, the term trafficking in child pornography means— (A) a violation of subsection (d) of section 2251 or an attempt or conspiracy to violate that subsection under subsection (e) of that section; (B) a violation of paragraph (1), (2), or (3) of subsection (a) of section 2252, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section; (C) a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography— (i) not produced by the defendant; or (ii) that the defendant did not attempt or conspire to produce; (D) a violation of paragraph (1), (2), (3), (4), or (6) of subsection (a) of section 2252A, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section; (E) a violation of subsection (a)(7) of section 2252A, or an attempt or conspiracy to violate that subsection under subsection (b)(3) of that section; (F) a violation of section 2252A(g) if the series of felony violations exclusively involves violations described in this paragraph; (G) a violation of subsection (b) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(2) of that section; (H) (i) a violation of subsection (a)(1) of section 2260B, or a violation of subsection (a)(2) of that section for promoting or facilitating an offense described in this paragraph; or (ii) an attempt or conspiracy to commit the conduct described in clause (i) of this subparagraph under section 2260B(b). ; (4) in section 2259A(a)— (A) in paragraph (1), by striking under section 2252(a)(4) or 2252A(a)(5) and inserting described in section 2259(c)(3)(C) ; and (B) in paragraph (2), by striking any other offense for trafficking in child pornography and inserting any offense for trafficking in child pornography other than an offense described in section 2259(c)(3)(C) ; (5) in section 2429— (A) in subsection (b)(3), by striking 2259(b)(3) and inserting 2259(c)(2) ; and (B) in subsection (d)— (i) by inserting (1) after (d) ; (ii) by striking chapter, including, in and inserting the following: chapter. (2) In ; and (iii) in paragraph (2), as so designated, by inserting may assume the rights of the crime victim under this section after suitable by the court ; and (6) in section 3664, by adding at the end the following: (q) Trustee or other fiduciary \n(1) In general \n(A) Appointment of trustee or other fiduciary \nWhen the court issues an order of restitution under section 1593, 2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of section 3663A(c)(1), for a victim described in subparagraph (B) of this paragraph, the court, at its own discretion or upon motion by the Government, may appoint a trustee or other fiduciary to hold any amount paid for restitution in a trust or other official account for the benefit of the victim. (B) Covered victims \nA victim referred to in subparagraph (A) is a victim who is— (i) under the age of 18 at the time of the proceeding; (ii) incompetent or incapacitated; or (iii) subject to paragraph (3), a foreign citizen or stateless person residing outside the United States. (2) Order \nWhen the court appoints a trustee or other fiduciary under paragraph (1), the court shall issue an order specifying— (A) the duties of the trustee or other fiduciary, which shall require— (i) the administration of the trust or maintaining an official account in the best interests of the victim; and (ii) disbursing payments from the trust or account— (I) to the victim; or (II) to any individual or entity on behalf of the victim; (B) that the trustee or other fiduciary— (i) shall avoid any conflict of interest; (ii) may not profit from the administration of the trust or maintaining an official account for the benefit of the victim other than as specified in the order; and (iii) may not delegate administration of the trust or maintaining the official account to any other person; (C) if and when the trust or the duties of the other fiduciary will expire; and (D) the fees payable to the trustee or other fiduciary to cover expenses of administering the trust or maintaining the official account for the benefit of the victim, and the schedule for payment of those fees. (3) Fact-finding regarding foreign citizens and stateless person \nIn the case of a victim who is a foreign citizen or stateless person residing outside the United States and is not under the age of 18 at the time of the proceeding or incompetent or incapacitated, the court may appoint a trustee or other fiduciary under paragraph (1) only if the court finds it necessary to— (A) protect the safety or security of the victim; or (B) provide a reliable means for the victim to access or benefit from the restitution payments. (4) Payment of fees \n(A) In general \nThe court may, with respect to the fees of the trustee or other fiduciary— (i) pay the fees in whole or in part; or (ii) order the defendant to pay the fees in whole or in part. (B) Applicability of other provisions \nWith respect to a court order under subparagraph (A)(ii) requiring a defendant to pay fees— (i) subsection (f)(3) shall apply to the court order in the same manner as that subsection applies to a restitution order; (ii) subchapter C of chapter 227 (other than section 3571) shall apply to the court order in the same manner as that subchapter applies to a sentence of a fine; and (iii) subchapter B of chapter 229 shall apply to the court order in the same manner as that subchapter applies to the implementation of a sentence of a fine. (C) Effect on other penalties \nImposition of payment under subparagraph (A)(ii) shall not relieve a defendant of, or entitle a defendant to a reduction in the amount of, any special assessment, restitution, other fines, penalties, or costs, or other payments required under the defendant's sentence. (D) Schedule \nNotwithstanding any other provision of law, if the court orders the defendant to make any payment under subparagraph (A)(ii), the court may provide a payment schedule that is concurrent with the payment of any other financial obligation described in subparagraph (C). (5) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the United States courts to carry out this subsection $15,000,000 for each fiscal year. (B) Supervision of payments \nPayments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts..", "id": "idead377fa622245bca75afc260692425c", "header": "Facilitating payment of restitution; technical amendments to restitution statutes", "nested": [], "links": [] }, { "text": "5. Cybertipline improvements, and accountability and transparency by the tech industry \n(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A— (A) by striking subsections (a), (b), and (c) and inserting the following: (a) Duty To report \n(1) Duty \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2) or any apparent child pornography on the provider’s service, network, or platform, and in any event not later than 60 days after obtaining such knowledge, a provider shall— (A) submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report containing— (i) the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and (ii) information described in subsection (b) concerning such facts or circumstances or apparent child pornography; and (B) if applicable, remove the apparent child pornography that is the subject of the report described in subparagraph (A), if such child pornography is publicly available. (2) Facts or circumstances \nThe facts or circumstances described in this paragraph are any facts or circumstances indicating an apparent, planned, or imminent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260. (3) Permitted actions based on reasonable belief \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, if a provider has a reasonable belief that any facts or circumstances described in paragraph (2) exist, the provider may submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report described in paragraph (1)(A). (b) Contents of report \n(1) In general \nIn an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, each report provided under subsection (a)(1)(A)— (A) shall include, to the extent that it is applicable and reasonably available— (i) identifying information regarding any individual who is the subject of the report, including name, address, electronic mail address, user or account identification, Internet Protocol address, and uniform resource locator; (ii) the terms of service in effect at the time of— (I) the apparent violation; or (II) the detection of apparent child pornography or a planned or imminent violation; (iii) a copy of any apparent child pornography that is the subject of the report that was identified in a publicly available location; (iv) for each item of apparent child pornography included in the report under clause (iii) or paragraph (2)(C), information indicating whether— (I) the reported child pornography was publicly available; or (II) the provider, in its sole discretion, viewed the reported child pornography, or any copy thereof, at any point concurrent with or prior to the submission of the report; and (v) for each item of apparent child pornography that is the subject of the report, an indication as to whether the child pornography— (I) has previously been the subject of a report under paragraph (1)(A) or (3) of subsection (a); or (II) is the subject of multiple contemporaneous reports due to rapid and widespread distribution; and (B) may, at the sole discretion of the provider, include the information described in paragraph (2) of this subsection. (2) Other information \nThe information referred to in paragraph (1)(B) is the following: (A) Historical reference \nInformation relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider, including a date and time stamp and time zone. (B) Geographic location information \nInformation relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider. (C) Apparent child pornography \nAny apparent child pornography not described in paragraph (1)(A)(iii), or other content related to the subject of the report. (D) Complete communication \nThe complete communication containing any apparent child pornography or other content, including— (i) any data or information regarding the transmission of the communication; and (ii) any visual depictions, data, or other digital files contained in, or attached to, the communication. (E) Technical identifier \nAn industry-standard hash value or other similar industry-standard technical identifier for any reported visual depiction as it existed on the provider’s service, network, or platform. (F) Description \nFor any item of apparent child pornography that is the subject of the report, an indication of whether— (i) the depicted sexually explicit conduct involves— (I) genital, oral, or anal sexual intercourse; (II) bestiality; (III) masturbation; (IV) sadistic or masochistic abuse; or (V) lascivious exhibition of the anus, genitals, or pubic area of any person; and (ii) the depicted minor is— (I) an infant or toddler; (II) prepubescent; (III) pubescent; (IV) post-pubescent; or (V) of an indeterminate age or developmental stage. ; (c) Forwarding of report and other information to law enforcement \n(1) In general \nPursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report submitted under paragraph (1)(A) or (3) of subsection (a) to one or more of the following law enforcement agencies: (A) Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (B) Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation. (C) A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (2) Technical identifiers \nIf a report submitted under paragraph (1)(A) or (3) of subsection (a) contains an industry-standard hash value or other similar industry-standard technical identifier— (A) NCMEC may compare that hash value or identifier with any database or repository of visual depictions owned or operated by NCMEC; and (B) if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1). ; (B) in subsection (d)— (i) in paragraph (2), by striking subsection (c)(1) and inserting subsection (c)(1)(A) ; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; and (II) in subparagraph (C), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; (C) by striking subsection (e) and inserting the following: (e) Failure To comply with requirements \n(1) Criminal penalty \n(A) Offense \nIt shall be unlawful for a provider to knowingly— (i) fail to submit a report under subsection (a)(1)(A) within the time period required by that subsection; or (ii) fail to preserve material as required under subsection (h). (B) Penalty \n(i) In general \nA provider that violates subparagraph (A) shall be fined— (I) in the case of an initial violation, not more than $150,000; and (II) in the case of any second or subsequent violation, not more than $300,000. (ii) Harm to individuals \nThe maximum fine under clause (i) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (2) Civil penalty \n(A) Violations relating to CyberTipline reports, content removal, and material preservation \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $50,000 and not more than $100,000 if the provider knowingly— (i) fails to submit a report under subsection (a)(1)(A) within the time period required by that subsection; (ii) fails to remove apparent child pornography as required under subsection (a)(1)(B); (iii) fails to preserve material as required under subsection (h); or (iv) submits a report under subsection (a)(1)(A) that— (I) contains materially false or fraudulent information; or (II) omits information described in subsection (b)(1)(A) that is reasonably available. (B) Annual report violations \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $100,000 and not more than $1,000,000 if the provider knowingly— (i) fails to submit an annual report as required under subsection (i); or (ii) submits an annual report under subsection (i) that— (I) contains a materially false, fraudulent, or misleading statement; or (II) omits information described in subsection (i)(1) that is reasonably available. (C) Harm to individuals \nThe amount of a civil penalty under subparagraph (A) or (B) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (D) Costs of civil actions \nA provider that commits a violation described in subparagraph (A) or (B) shall be liable to the United States Government for the costs of a civil action brought to recover a civil penalty under that subparagraph. (E) Enforcement \nThis paragraph shall be enforced in accordance with sections 3731, 3732, and 3733 of title 31, except that a civil action to recover a civil penalty under subparagraph (A) or (B) of this paragraph may only be brought by the United States Government. (3) Deposit of fines and penalties \nNotwithstanding any other provision of law, any criminal fine or civil penalty collected under this subsection shall be deposited into the Child Pornography Victims Reserve as provided in section 2259B. ; (D) in subsection (f), by striking paragraph (3) and inserting the following: (3) affirmatively search, screen, or scan for— (A) facts or circumstances described in subsection (a)(2); (B) information described in subsection (b)(2); or (C) any apparent child pornography, including any copy of apparent child pornography removed pursuant to subsection (a)(1)(B). ; (E) in subsection (g)— (i) in paragraph (2)(A)— (I) in clause (iii), by inserting or personnel at a children's advocacy center after State) ; and (II) in clause (iv), by striking State or subdivision of a State and inserting State, subdivision of a State, or children's advocacy center ; (ii) in paragraph (3), in the matter preceding subparagraph (A), by inserting paragraph (1)(A) or (3) of before subsection (a) ; and (iii) in paragraph (4), by striking subsection (a)(1) and inserting paragraph (1)(A) or (3) of subsection (a) ; (F) in subsection (h)— (i) in paragraph (1), by striking subsection (a)(1) and inserting paragraph (1)(A) or (3) of subsection (a) ; and (ii) by adding at the end the following: (5) Relation to reporting requirement \nSubmission of a report as required under paragraph (1)(A) or (3) of subsection (a) does not satisfy the obligations under this subsection. ; and (G) by adding at the end the following: (i) Annual report \n(1) In general \nNot later than March 31 of the second year beginning after the date of enactment of the STOP CSAM Act of 2023 , and of each year thereafter, a provider that had more than 1,000,000 unique monthly visitors or users during each month of the preceding year and accrued revenue of more than $50,000,000 during the preceding year shall submit to the Attorney General and the Chair of the Federal Trade Commission a report, disaggregated by subsidiary, that provides the following information for the preceding year to the extent such information is applicable and reasonably available: (A) Cybertipline data \n(i) The total number of reports that the provider submitted under paragraph (1)(A) or (3) of subsection (a). (ii) The total number of publicly available items of apparent child pornography that the provider removed under subsection (a)(1)(B). (iii) Which items of information described in subsection (b)(2) are routinely included in the reports submitted by the provider under paragraph (1)(A) or (3) of subsection (a). (B) Report and remove data \nWith respect to section 7 of the STOP CSAM Act of 2023 — (i) a description of the provider’s designated reporting system; (ii) the number of notifications received; (iii) the number of proscribed visual depictions involving a minor that were removed; and (iv) the total amount of any fine ordered and paid. (C) Other reporting to the provider \n(i) The measures the provider has in place to receive other reports concerning child sexual exploitation and abuse using the provider's product or on the provider's service, platform, or network. (ii) The average time for responding to reports described in clause (i). (iii) The number of reports described in clause (i) that the provider received. (iv) A summary description of the actions taken upon receipt of the reports described in clause (i). (D) Policies \n(i) A description of the policies of the provider with respect to the commission of child sexual exploitation and abuse using the provider's product or on the provider's service, platform, or network, including how child sexual exploitation and abuse is defined. (ii) A description of possible consequences for violations of the policies described in clause (i). (iii) The methods of informing users of the policies described in clause (i). (iv) The process for adjudicating potential violations of the policies described in clause (i). (E) Culture of safety \n(i) The measures and technologies that the provider deploys to protect the safety of children using the provider’s product, service, platform, or network. (ii) The measures and technologies that the provider deploys to prevent the use of the provider’s product, service, platform, or network by individuals seeking to commit child sexual exploitation and abuse. (iii) Factors that interfere with the provider’s ability to detect or evaluate instances of child sexual exploitation and abuse. (iv) An assessment of the efficacy of the measures and technologies described in clauses (i) and (ii) and the impact of the factors described in clause (iii). (F) Safety by design \nThe measures that the provider takes before launching a new product, service, platform, or network to assess— (i) the safety risks for children; and (ii) whether and how individuals could use the new product, service, platform, or network to commit child sexual exploitation and abuse. (G) Trends and patterns \nAny information concerning emerging trends and changing patterns with respect to online child safety and the commission of child sexual exploitation and abuse. (2) Avoiding duplication \nFor purposes of subparagraphs (D) through (G) of paragraph (1), in the case of any report submitted under that paragraph after the initial report, a provider shall only be required to submit new or updated information described in those subparagraphs. (3) Limitation \nNothing in paragraph (1) shall require the disclosure of trade secrets or other proprietary information. (4) Publication \n(A) In general \nThe Attorney General and the Chair of the Federal Trade Commission shall publish the reports received under this subsection. (B) Redaction \nA provider may request the redaction of any information that is law enforcement sensitive or otherwise not suitable for public distribution, and the Attorney General and Chair of the Federal Trade Commission may, in their discretion, redact any such information, whether or not requested. ; (2) in section 2258B— (A) in subsection (a)— (i) by striking may not be brought in any Federal or State court ; and (ii) by striking Except as provided in subsection (b), a civil claim or criminal charge and inserting the following: (1) Limited liability \nExcept as provided in subsection (b), a civil claim or criminal charge described in paragraph (2) may not be brought in any Federal or State court. (2) Covered claims and charges \nA civil claim or criminal charge referred to in paragraph (1) is a civil claim or criminal charge ; and (B) in subsection (b)(1), by inserting or knowingly failed to comply with a requirement under section 2258A after misconduct ; (3) in section 2258C— (A) in subsection (a)(1), by inserting use of the provider's products, services, platforms, or networks to commit after stop the ; (B) in subsection (b)— (i) by striking Any provider and inserting the following: (1) In general \nAny provider ; (ii) in paragraph (1), as so designated, by striking receives and inserting , in its sole discretion, obtains ; and (iii) by adding at the end the following: (2) Limitation on sharing with other entities \nA provider that obtains elements under subsection (a)(1) may not distribute those elements, or make those elements available, to any other entity, except for the sole and exclusive purpose of stopping the online sexual exploitation of children. ; and (C) in subsection (c)— (i) by striking subsections and inserting subsection ; (ii) by striking providers receiving and inserting a provider to obtain ; (iii) by inserting , or after NCMEC ; and (iv) by inserting use of the provider's products, services, platforms, or networks to commit after stop the ; (4) in section 2258E(6), by striking electronic communication service provider and inserting electronic communication service ; (5) in section 2259B(a), by inserting , any fine or penalty collected under section 2258A(e) or subparagraph (A) of section 7(g)(24) of the STOP CSAM Act of 2023 (except as provided in clauses (i) and (ii)(I) of subparagraph (B) of such section 7(g)(24)), after 2259A ; and (6) by adding at the end the following: 2260B. Liability for certain child exploitation offenses \n(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b). (b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000. (c) Rule of construction \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement.. (b) Clerical amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by adding at the end the following: 2260B. Liability for certain child exploitation offenses..", "id": "id8f1ea99b84284fc3b3d3b18d3cb44242", "header": "Cybertipline improvements, and accountability and transparency by the tech industry", "nested": [ { "text": "(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A— (A) by striking subsections (a), (b), and (c) and inserting the following: (a) Duty To report \n(1) Duty \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2) or any apparent child pornography on the provider’s service, network, or platform, and in any event not later than 60 days after obtaining such knowledge, a provider shall— (A) submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report containing— (i) the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and (ii) information described in subsection (b) concerning such facts or circumstances or apparent child pornography; and (B) if applicable, remove the apparent child pornography that is the subject of the report described in subparagraph (A), if such child pornography is publicly available. (2) Facts or circumstances \nThe facts or circumstances described in this paragraph are any facts or circumstances indicating an apparent, planned, or imminent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260. (3) Permitted actions based on reasonable belief \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, if a provider has a reasonable belief that any facts or circumstances described in paragraph (2) exist, the provider may submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report described in paragraph (1)(A). (b) Contents of report \n(1) In general \nIn an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, each report provided under subsection (a)(1)(A)— (A) shall include, to the extent that it is applicable and reasonably available— (i) identifying information regarding any individual who is the subject of the report, including name, address, electronic mail address, user or account identification, Internet Protocol address, and uniform resource locator; (ii) the terms of service in effect at the time of— (I) the apparent violation; or (II) the detection of apparent child pornography or a planned or imminent violation; (iii) a copy of any apparent child pornography that is the subject of the report that was identified in a publicly available location; (iv) for each item of apparent child pornography included in the report under clause (iii) or paragraph (2)(C), information indicating whether— (I) the reported child pornography was publicly available; or (II) the provider, in its sole discretion, viewed the reported child pornography, or any copy thereof, at any point concurrent with or prior to the submission of the report; and (v) for each item of apparent child pornography that is the subject of the report, an indication as to whether the child pornography— (I) has previously been the subject of a report under paragraph (1)(A) or (3) of subsection (a); or (II) is the subject of multiple contemporaneous reports due to rapid and widespread distribution; and (B) may, at the sole discretion of the provider, include the information described in paragraph (2) of this subsection. (2) Other information \nThe information referred to in paragraph (1)(B) is the following: (A) Historical reference \nInformation relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider, including a date and time stamp and time zone. (B) Geographic location information \nInformation relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider. (C) Apparent child pornography \nAny apparent child pornography not described in paragraph (1)(A)(iii), or other content related to the subject of the report. (D) Complete communication \nThe complete communication containing any apparent child pornography or other content, including— (i) any data or information regarding the transmission of the communication; and (ii) any visual depictions, data, or other digital files contained in, or attached to, the communication. (E) Technical identifier \nAn industry-standard hash value or other similar industry-standard technical identifier for any reported visual depiction as it existed on the provider’s service, network, or platform. (F) Description \nFor any item of apparent child pornography that is the subject of the report, an indication of whether— (i) the depicted sexually explicit conduct involves— (I) genital, oral, or anal sexual intercourse; (II) bestiality; (III) masturbation; (IV) sadistic or masochistic abuse; or (V) lascivious exhibition of the anus, genitals, or pubic area of any person; and (ii) the depicted minor is— (I) an infant or toddler; (II) prepubescent; (III) pubescent; (IV) post-pubescent; or (V) of an indeterminate age or developmental stage. ; (c) Forwarding of report and other information to law enforcement \n(1) In general \nPursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report submitted under paragraph (1)(A) or (3) of subsection (a) to one or more of the following law enforcement agencies: (A) Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (B) Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation. (C) A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (2) Technical identifiers \nIf a report submitted under paragraph (1)(A) or (3) of subsection (a) contains an industry-standard hash value or other similar industry-standard technical identifier— (A) NCMEC may compare that hash value or identifier with any database or repository of visual depictions owned or operated by NCMEC; and (B) if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1). ; (B) in subsection (d)— (i) in paragraph (2), by striking subsection (c)(1) and inserting subsection (c)(1)(A) ; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; and (II) in subparagraph (C), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; (C) by striking subsection (e) and inserting the following: (e) Failure To comply with requirements \n(1) Criminal penalty \n(A) Offense \nIt shall be unlawful for a provider to knowingly— (i) fail to submit a report under subsection (a)(1)(A) within the time period required by that subsection; or (ii) fail to preserve material as required under subsection (h). (B) Penalty \n(i) In general \nA provider that violates subparagraph (A) shall be fined— (I) in the case of an initial violation, not more than $150,000; and (II) in the case of any second or subsequent violation, not more than $300,000. (ii) Harm to individuals \nThe maximum fine under clause (i) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (2) Civil penalty \n(A) Violations relating to CyberTipline reports, content removal, and material preservation \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $50,000 and not more than $100,000 if the provider knowingly— (i) fails to submit a report under subsection (a)(1)(A) within the time period required by that subsection; (ii) fails to remove apparent child pornography as required under subsection (a)(1)(B); (iii) fails to preserve material as required under subsection (h); or (iv) submits a report under subsection (a)(1)(A) that— (I) contains materially false or fraudulent information; or (II) omits information described in subsection (b)(1)(A) that is reasonably available. (B) Annual report violations \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $100,000 and not more than $1,000,000 if the provider knowingly— (i) fails to submit an annual report as required under subsection (i); or (ii) submits an annual report under subsection (i) that— (I) contains a materially false, fraudulent, or misleading statement; or (II) omits information described in subsection (i)(1) that is reasonably available. (C) Harm to individuals \nThe amount of a civil penalty under subparagraph (A) or (B) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (D) Costs of civil actions \nA provider that commits a violation described in subparagraph (A) or (B) shall be liable to the United States Government for the costs of a civil action brought to recover a civil penalty under that subparagraph. (E) Enforcement \nThis paragraph shall be enforced in accordance with sections 3731, 3732, and 3733 of title 31, except that a civil action to recover a civil penalty under subparagraph (A) or (B) of this paragraph may only be brought by the United States Government. (3) Deposit of fines and penalties \nNotwithstanding any other provision of law, any criminal fine or civil penalty collected under this subsection shall be deposited into the Child Pornography Victims Reserve as provided in section 2259B. ; (D) in subsection (f), by striking paragraph (3) and inserting the following: (3) affirmatively search, screen, or scan for— (A) facts or circumstances described in subsection (a)(2); (B) information described in subsection (b)(2); or (C) any apparent child pornography, including any copy of apparent child pornography removed pursuant to subsection (a)(1)(B). ; (E) in subsection (g)— (i) in paragraph (2)(A)— (I) in clause (iii), by inserting or personnel at a children's advocacy center after State) ; and (II) in clause (iv), by striking State or subdivision of a State and inserting State, subdivision of a State, or children's advocacy center ; (ii) in paragraph (3), in the matter preceding subparagraph (A), by inserting paragraph (1)(A) or (3) of before subsection (a) ; and (iii) in paragraph (4), by striking subsection (a)(1) and inserting paragraph (1)(A) or (3) of subsection (a) ; (F) in subsection (h)— (i) in paragraph (1), by striking subsection (a)(1) and inserting paragraph (1)(A) or (3) of subsection (a) ; and (ii) by adding at the end the following: (5) Relation to reporting requirement \nSubmission of a report as required under paragraph (1)(A) or (3) of subsection (a) does not satisfy the obligations under this subsection. ; and (G) by adding at the end the following: (i) Annual report \n(1) In general \nNot later than March 31 of the second year beginning after the date of enactment of the STOP CSAM Act of 2023 , and of each year thereafter, a provider that had more than 1,000,000 unique monthly visitors or users during each month of the preceding year and accrued revenue of more than $50,000,000 during the preceding year shall submit to the Attorney General and the Chair of the Federal Trade Commission a report, disaggregated by subsidiary, that provides the following information for the preceding year to the extent such information is applicable and reasonably available: (A) Cybertipline data \n(i) The total number of reports that the provider submitted under paragraph (1)(A) or (3) of subsection (a). (ii) The total number of publicly available items of apparent child pornography that the provider removed under subsection (a)(1)(B). (iii) Which items of information described in subsection (b)(2) are routinely included in the reports submitted by the provider under paragraph (1)(A) or (3) of subsection (a). (B) Report and remove data \nWith respect to section 7 of the STOP CSAM Act of 2023 — (i) a description of the provider’s designated reporting system; (ii) the number of notifications received; (iii) the number of proscribed visual depictions involving a minor that were removed; and (iv) the total amount of any fine ordered and paid. (C) Other reporting to the provider \n(i) The measures the provider has in place to receive other reports concerning child sexual exploitation and abuse using the provider's product or on the provider's service, platform, or network. (ii) The average time for responding to reports described in clause (i). (iii) The number of reports described in clause (i) that the provider received. (iv) A summary description of the actions taken upon receipt of the reports described in clause (i). (D) Policies \n(i) A description of the policies of the provider with respect to the commission of child sexual exploitation and abuse using the provider's product or on the provider's service, platform, or network, including how child sexual exploitation and abuse is defined. (ii) A description of possible consequences for violations of the policies described in clause (i). (iii) The methods of informing users of the policies described in clause (i). (iv) The process for adjudicating potential violations of the policies described in clause (i). (E) Culture of safety \n(i) The measures and technologies that the provider deploys to protect the safety of children using the provider’s product, service, platform, or network. (ii) The measures and technologies that the provider deploys to prevent the use of the provider’s product, service, platform, or network by individuals seeking to commit child sexual exploitation and abuse. (iii) Factors that interfere with the provider’s ability to detect or evaluate instances of child sexual exploitation and abuse. (iv) An assessment of the efficacy of the measures and technologies described in clauses (i) and (ii) and the impact of the factors described in clause (iii). (F) Safety by design \nThe measures that the provider takes before launching a new product, service, platform, or network to assess— (i) the safety risks for children; and (ii) whether and how individuals could use the new product, service, platform, or network to commit child sexual exploitation and abuse. (G) Trends and patterns \nAny information concerning emerging trends and changing patterns with respect to online child safety and the commission of child sexual exploitation and abuse. (2) Avoiding duplication \nFor purposes of subparagraphs (D) through (G) of paragraph (1), in the case of any report submitted under that paragraph after the initial report, a provider shall only be required to submit new or updated information described in those subparagraphs. (3) Limitation \nNothing in paragraph (1) shall require the disclosure of trade secrets or other proprietary information. (4) Publication \n(A) In general \nThe Attorney General and the Chair of the Federal Trade Commission shall publish the reports received under this subsection. (B) Redaction \nA provider may request the redaction of any information that is law enforcement sensitive or otherwise not suitable for public distribution, and the Attorney General and Chair of the Federal Trade Commission may, in their discretion, redact any such information, whether or not requested. ; (2) in section 2258B— (A) in subsection (a)— (i) by striking may not be brought in any Federal or State court ; and (ii) by striking Except as provided in subsection (b), a civil claim or criminal charge and inserting the following: (1) Limited liability \nExcept as provided in subsection (b), a civil claim or criminal charge described in paragraph (2) may not be brought in any Federal or State court. (2) Covered claims and charges \nA civil claim or criminal charge referred to in paragraph (1) is a civil claim or criminal charge ; and (B) in subsection (b)(1), by inserting or knowingly failed to comply with a requirement under section 2258A after misconduct ; (3) in section 2258C— (A) in subsection (a)(1), by inserting use of the provider's products, services, platforms, or networks to commit after stop the ; (B) in subsection (b)— (i) by striking Any provider and inserting the following: (1) In general \nAny provider ; (ii) in paragraph (1), as so designated, by striking receives and inserting , in its sole discretion, obtains ; and (iii) by adding at the end the following: (2) Limitation on sharing with other entities \nA provider that obtains elements under subsection (a)(1) may not distribute those elements, or make those elements available, to any other entity, except for the sole and exclusive purpose of stopping the online sexual exploitation of children. ; and (C) in subsection (c)— (i) by striking subsections and inserting subsection ; (ii) by striking providers receiving and inserting a provider to obtain ; (iii) by inserting , or after NCMEC ; and (iv) by inserting use of the provider's products, services, platforms, or networks to commit after stop the ; (4) in section 2258E(6), by striking electronic communication service provider and inserting electronic communication service ; (5) in section 2259B(a), by inserting , any fine or penalty collected under section 2258A(e) or subparagraph (A) of section 7(g)(24) of the STOP CSAM Act of 2023 (except as provided in clauses (i) and (ii)(I) of subparagraph (B) of such section 7(g)(24)), after 2259A ; and (6) by adding at the end the following: 2260B. Liability for certain child exploitation offenses \n(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b). (b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000. (c) Rule of construction \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement..", "id": "id8D044DD03D8E45319522C3BF8C3918AB", "header": "In general", "nested": [], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by adding at the end the following: 2260B. Liability for certain child exploitation offenses..", "id": "id08bccdb37a984978acdc495b7cbe5132", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] } ], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] }, { "text": "2260B. Liability for certain child exploitation offenses \n(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b). (b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000. (c) Rule of construction \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement.", "id": "id3ef4d8c9def345578fea771e77e9b2d6", "header": "Liability for certain child exploitation offenses", "nested": [ { "text": "(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b).", "id": "id5ae2d334bbd54ea8a9fe4c441eb21f7e", "header": "Offense", "nested": [], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "(b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000.", "id": "idd79f7b4afb6f495881d36ca1276f6c0d", "header": "Penalty", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement.", "id": "idd89e84f581564b96aae1b472c77d9c94", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "6. Expanding civil remedies for victims of online child sexual exploitation \nSection 2255 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and inserting a child exploitation violation or conduct relating to child exploitation ; (B) by inserting or conduct after as a result of such violation ; and (C) by striking sue in any and inserting bring a civil action in the ; and (2) by adding at the end the following: (d) Definitions \nIn this section— (1) the term child exploitation violation means a violation of section 1589, 1590, 1591, 1594(a) (involving a violation of section 1589, 1590, or 1591), 1594(b) (involving a violation of section 1589 or 1590), 1594(c), 2241, 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title; (2) the term conduct relating to child exploitation means— (A) with respect to a provider of an interactive computer service or a software distribution service operating through the use of any means or facility of interstate or foreign commerce, or in or affecting interstate or foreign commerce, the intentional, knowing, reckless, or negligent promotion or facilitation of conduct that violates section 1591, 1594(c), 2251, 2251A, 2252, 2252A, or 2422(b) of this title; and (B) with respect to a provider of an interactive computer service operating through the use of any means or facility of interstate or foreign commerce, or in or affecting interstate or foreign commerce, the intentional, knowing, reckless, or negligent hosting or storing of child pornography or making child pornography available to any person; (3) the term interactive computer service has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ); and (4) the term software distribution service means an online service, whether or not operated for pecuniary gain, from which individuals can purchase, obtain, or download software that— (A) can be used by an individual to communicate with another individual, by any means, to store, access, distribute, or receive any visual depiction, or to transmit any live visual depiction; and (B) was not developed by the software distribution service. (e) Relation to section 230 of the communications act of 1934 \nNothing in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) shall be construed to impair or limit any claim brought under this section for conduct relating to child exploitation. (f) Rule of construction \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement..", "id": "ide80b1f4bd95b4ec7a1e0c2263fc43eac", "header": "Expanding civil remedies for victims of online child sexual exploitation", "nested": [], "links": [ { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "7. Reporting and removal of proscribed visual depictions relating to children; establishment of Child Online Protection Board \n(a) Findings \nCongress finds the following: (1) Over 40 years ago, the Supreme Court of the United States ruled in New York v. Ferber, 458 U.S. 747 (1982), that child sexual abuse material (referred to in this subsection as CSAM ) is a category of material outside the protections of the First Amendment. The Court emphasized that children depicted in CSAM are harmed twice: first through the abuse and exploitation inherent in the creation of the materials, and then through the continued circulation of the imagery, which inflicts its own emotional and psychological injury. (2) The Supreme Court reiterated this point 9 years ago in Paroline v. United States, 572 U.S. 434 (2014), when it explained that CSAM victims suffer continuing and grievous harm as a result of [their] knowledge that a large, indeterminate number of individuals have viewed and will in the future view images of the sexual abuse [they] endured. (3) In these decisions, the Supreme Court noted that the distribution of child sexual abuse material invades the privacy interests of the victims. (4) The co-mingling online of CSAM with other, non-explicit depictions of the victims links the victim’s identity with the images of their abuse. This further invades a victim’s privacy and disrupts their sense of security, thwarting what the Supreme Court has described as the individual interest in avoiding disclosure of personal matters. (5) The internet is awash with child sexual abuse material. In 2021, the CyberTipline, operated by the National Center for Missing & Exploited Children to combat online child sexual exploitation, received reports about 39,900,000 images and 44,800,000 videos depicting child sexual abuse. (6) Since 2017, Project Arachnid, operated by the Canadian Centre for Child Protection, has sent over 26,000,000 notices to online providers about CSAM and other exploitive material found on their platforms. According to the Canadian Centre, some providers are slow to remove the material, or take it down only for it to be reposted again a short time later. (7) This legislation is needed to create an easy-to-use and effective procedure to get CSAM and harmful related imagery quickly taken offline and kept offline to protect children, stop the spread of illegal and harmful content, and thwart the continued invasion of the victims' privacy. (b) Implementation \n(1) Implementation \nExcept as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, the Child Online Protection Board established under subsection (d), shall begin operations, at which point providers shall begin receiving notifications as set forth in subsection (c)(2). (2) Extension \nThe Commission may extend the deadline under paragraph (1) by not more than 180 days if the Commission provides notice of the extension to the public and to Congress. (c) Reporting and removal of proscribed visual depictions relating to children \n(1) In general \nIf a provider receives a complete notification as set forth in paragraph (2)(A) that the provider is hosting a proscribed visual depiction relating to a child, not later than 48 hours after such notification is received by the provider (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider) the provider shall— (A) (i) remove the proscribed visual depiction relating to a child; and (ii) notify the complainant that it has done so; or (B) notify the complainant that the provider— (i) is unable to remove the proscribed visual depiction relating to a child using reasonable means; or (ii) has determined that the notification is duplicative under paragraph (2)(C)(i). (2) Notification requirements \n(A) In general \nTo be complete under this subsection, a notification must be a written communication to the designated reporting system of the provider (or, if the provider does not have a designated reporting system, a written communication that is served on the provider in accordance with subparagraph (F)) that includes the following: (i) An identification of, and information reasonably sufficient to permit the provider to locate, the alleged proscribed visual depiction relating to a child. Such information may include, at the option of the complainant, a copy of the alleged proscribed visual depiction relating to a child or the uniform resource locator where such proscribed visual depiction is located. (ii) The complainant’s name and contact information, to include a mailing address, telephone number, and an electronic mail address, except that, if the complainant is the victim depicted in the alleged proscribed visual depiction relating to a child, the complainant may elect to use an alias, including for purposes of the signed statement described in clause (v), and omit a mailing address. (iii) If applicable, a statement indicating that the complainant has previously notified the provider about the alleged proscribed visual depiction relating to a child which may, at the option of the complainant, include a copy of the previous notification. (iv) A statement indicating that the complainant has a good faith belief that the information in the notification is accurate. (v) A signed statement under penalty of perjury indicating that the notification is submitted by— (I) the victim depicted in the alleged proscribed visual depiction relating to a child; (II) an authorized representative of the victim depicted in the alleged proscribed visual depiction relating to a child; or (III) a qualified organization. (B) Inclusion of multiple visual depictions in same notification \nA notification may contain information about more than one proscribed visual depiction relating to a child, but shall only be effective with respect to each proscribed visual depiction relating to a child included in the notification to the extent that the notification includes sufficient information to identify and locate such visual depiction. (C) Limitation on duplicative notifications \n(i) In general \nAfter a complainant has submitted a notification to a provider, the complainant may submit additional notifications at any time only if the subsequent notifications involve— (I) a different proscribed visual depiction relating to a minor; (II) the same proscribed visual depiction relating to a minor that is in a different location; or (III) recidivist hosting. (ii) No obligation \nA provider who receives any additional notifications that do not comply with clause (i) shall not be required to take any additional action except— (I) as may be required with respect to the original notification; and (II) to notify the complainant as provided in paragraph (1)(B)(ii). (D) Incomplete or misdirected notification \n(i) Requirement to contact complainant regarding insufficient information \n(I) Requirement to contact complainant \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification but does contain the complainant contact information described in subparagraph (A)(ii), the provider shall, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic email address to obtain such information. (II) Effect of complainant providing sufficient information \nIf the provider is able to contact the complainant and obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the information needed to identify or locate the visual depiction. (III) Effect of complainant inability to provide sufficient information \nIf the provider is able to contact the complainant but does not obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall so notify the complainant not later than 48 hours after the provider determines that it is unable to identify or locate the visual depiction (or, in the case of a small provider, not later than 2 business days after the small provider makes such determination), after which no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (IV) Effect of complainant failure to respond \nIf the complainant does not respond to the provider's attempt to contact the complainant under this clause within 14 days of such attempt, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (ii) Treatment of incomplete notification where complainant cannot be contacted \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification and does not contain the complainant contact information described in subparagraph (A)(ii) (or if the provider is unable to contact the complainant using such information), no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Treatment of notification not submitted to designated reporting system \nIf a provider has a designated reporting system, and a complainant submits a notification under this subsection to the provider without using such system, the provider shall not be considered to have received the notification. (E) Option to contact complainant regarding the proscribed visual depiction involving a minor \n(i) Contact with complainant \nIf the provider believes that the proscribed visual depiction involving a minor referenced in the notification does not meet the definition of such term as provided in subsection (r)(10), the provider may, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic mail address to so indicate. (ii) Failure to respond \nIf the complainant does not respond to the provider within 14 days after receiving the notification, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Complainant response \nIf the complainant responds to the provider within 14 days after receiving the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the complainant’s response. (F) Service of notification where provider has no designated reporting system; process where complainant cannot serve provider \n(i) No designated reporting system \nIf a provider does not have a designated reporting system, a complainant may serve the provider with a notification under this subsection to the provider in the same manner that petitions are required to be served under subsection (g)(4). (ii) Complainant cannot serve provider \nIf a provider does not have a designated reporting system and a complainant cannot reasonably serve the provider with a notification as described in clause (i), the complainant may bring a petition under subsection (g)(1) without serving the provider with the notification. (G) Recidivist hosting \nIf a provider engages in recidivist hosting of a proscribed visual depiction relating to a child, in addition to any action taken under this section, a complainant may submit a report concerning such recidivist hosting to the CyberTipline operated by the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by the National Center for Missing and Exploited Children. (H) Preservation \nA provider that receives a complete notification under this subsection shall preserve the information in such notification in accordance with the requirements of sections 2713 and 2258A(h) of title 18, United States Code. For purposes of this subparagraph, the period for which providers shall be required to preserve information in accordance with such section 2258A(h) may be extended in 90-day increments on written request by the complainant or order of the Board. (I) Non-disclosure \nExcept as otherwise provided in subsection (g)(19)(C), for 180 days following receipt of a notification under this subsection, a provider may not disclose the existence of the notification to any person or entity except to an attorney for purposes of obtaining legal advice, the Board, the Commission, a law enforcement agency described in subparagraph (A), (B), or (C) of section 2258A(g)(3) of title 18, United States Code, the National Center for Missing and Exploited Children, or as necessary to respond to legal process. Nothing in the preceding sentence shall be construed to infringe on the provider’s ability to communicate general information about terms of service violations. (d) Establishment of Child Online Protection Board \n(1) In general \nThere is established in the Federal Trade Commission a Child Online Protection Board, which shall administer and enforce the requirements of subsection (e) in accordance with this section. (2) Officers and staff \nThe Board shall be composed of 3 full-time Child Online Protection Officers who shall be appointed by the Commission in accordance with paragraph (5)(A). A vacancy on the Board shall not impair the right of the remaining Child Online Protection Officers to exercise the functions and duties of the Board. (3) Child online protection attorneys \nNot fewer than 2 full-time Child Online Protection Attorneys shall be hired to assist in the administration of the Board. (4) Technological adviser \nOne or more technological advisers may be hired to assist with the handling of digital evidence and consult with the Child Online Protection Officers on matters concerning digital evidence and technological issues. (5) Qualifications \n(A) Officers \n(i) In general \nEach Child Online Protection Officer shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 7 years of legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (ii) Experience \nTwo of the Child Online Protection Officers shall have substantial experience in the evaluation, litigation, or adjudication of matters relating to child sexual abuse material or technology-facilitated crimes against children. (B) Attorneys \nEach Child Online Protection Attorney shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 3 years of substantial legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (C) Technological adviser \nA technological adviser shall have at least one year of specialized experience with digital forensic analysis. (6) Compensation \n(A) Child Online Protection Officers \n(i) Definition \nIn this subparagraph, the term senior level employee of the Federal Government means an employee, other than employee in the Senior Executive Service, the position of whom is classified above GS–15 of the General Schedule. (ii) Pay range \nEach Child Online Protection Officer shall be compensated at a rate of pay that is not less than the minimum, and not more than the maximum, rate of pay payable for senior level employees of the Federal Government, including locality pay, as applicable. (B) Child Online Protection Attorneys \nEach Child Online Protection Attorney shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–15 of the General Schedule, including locality pay, as applicable. (C) Technological adviser \nA technological adviser of the Board shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–14 of the General Schedule, including locality pay, as applicable. (7) Vacancy \nIf a vacancy occurs in the position of Child Online Protection Officer, the Commission shall act expeditiously to appoint an Officer for that position. (8) Sanction or removal \nSubject to subsection (e)(2), the Chair of the Commission or the Commission may sanction or remove a Child Online Protection Officer. (9) Administrative support \nThe Commission shall provide the Child Online Protection Officers and Child Online Protection Attorneys with necessary administrative support, including technological facilities, to carry out the duties of the Officers and Attorneys under this section. The Department of Justice may provide equipment and guidance on the storage and handling of proscribed visual depictions relating to children. (10) Location of Board \nThe offices and facilities of the Child Online Protection Officers and Child Online Protection Attorneys shall be located at the headquarters or other office of the Commission. (e) Authority and duties of the Board \n(1) Functions \n(A) Officers \nSubject to the provisions of this section and applicable regulations, the functions of the Officers of the Board shall be as follows: (i) To render determinations on petitions that may be brought before the Officers under this section. (ii) To ensure that petitions and responses are properly asserted and otherwise appropriate for resolution by the Board. (iii) To manage the proceedings before the Officers and render determinations pertaining to the consideration of petitions and responses, including with respect to scheduling, discovery, evidentiary, and other matters. (iv) To request, from participants and nonparticipants in a proceeding, the production of information and documents relevant to the resolution of a petition or response. (v) To conduct hearings and conferences. (vi) To facilitate the settlement by the parties of petitions and responses. (vii) To impose fines as set forth in subsection (g)(24). (viii) To provide information to the public concerning the procedures and requirements of the Board. (ix) To maintain records of the proceedings before the Officers, certify official records of such proceedings as needed, and, as provided in subsection (g)(19)(A), make the records in such proceedings available to the public. (x) To carry out such other duties as are set forth in this section. (xi) When not engaged in performing the duties of the Officers set forth in this section, to perform such other duties as may be assigned by the Chair of the Commission or the Commission. (B) Attorneys \nSubject to the provisions of this section and applicable regulations, the functions of the Attorneys of the Board shall be as follows: (i) To provide assistance to the Officers of the Board in the administration of the duties of those Officers under this section. (ii) To provide assistance to complainants, providers, and members of the public with respect to the procedures and requirements of the Board. (iii) When not engaged in performing the duties of the Attorneys set forth in this section, to perform such other duties as may be assigned by the Commission. (C) Designated service agents \nThe Board may maintain a publicly available directory of service agents designated to receive service of petitions filed with the Board. (2) Independence in determinations \n(A) In general \nThe Board shall render the determinations of the Board in individual proceedings independently on the basis of the records in the proceedings before it and in accordance with the provisions of this section, judicial precedent, and applicable regulations of the Commission. (B) Performance appraisals \nNotwithstanding any other provision of law or any regulation or policy of the Commission, any performance appraisal of an Officer or Attorney of the Board may not consider the substantive result of any individual determination reached by the Board as a basis for appraisal except to the extent that result may relate to any actual or alleged violation of an ethical standard of conduct. (3) Direction by Commission \nSubject to paragraph (2), the Officers and Attorneys shall, in the administration of their duties, be under the supervision of the Chair of the Commission. (4) Inconsistent duties barred \nAn Officer or Attorney of the Board may not undertake any duty that conflicts with the duties of the Officer or Attorney in connection with the Board. (5) Recusal \nAn Officer or Attorney of the Board shall recuse himself or herself from participation in any proceeding with respect to which the Officer or Attorney, as the case may be, has reason to believe that he or she has a conflict of interest. (6) Ex parte communications \nExcept as may otherwise be permitted by applicable law, any party or interested owner involved in a proceeding before the Board shall refrain from ex parte communications with the Officers of the Board and the Commission relevant to the merits of such proceeding before the Board. (7) Judicial review \nActions of the Officers and the Commission under this section in connection with the rendering of any determination are subject to judicial review as provided under subsection (g)(28). (f) Conduct of proceedings of the Board \n(1) In general \nProceedings of the Board shall be conducted in accordance with this section and regulations established by the Commission under this section, in addition to relevant principles of law. (2) Record \nThe Board shall maintain records documenting the proceedings before the Board. (3) Centralized process \nProceedings before the Board shall— (A) be conducted at the offices of the Board without the requirement of in-person appearances by parties or others; (B) take place by means of written submissions, hearings, and conferences carried out through internet-based applications and other telecommunications facilities, except that, in cases in which physical or other nontestimonial evidence material to a proceeding cannot be furnished to the Board through available telecommunications facilities, the Board may make alternative arrangements for the submission of such evidence that do not prejudice any party or interested owner; and (C) be conducted and concluded in an expeditious manner without causing undue prejudice to any party or interested owner. (4) Representation \n(A) In general \nA party or interested owner involved in a proceeding before the Board may be, but is not required to be, represented by— (i) an attorney; or (ii) a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis. (B) Representation of victims \n(i) In general \nA petition involving a victim under the age of 16 at the time the petition is filed shall be filed by an authorized representative, qualified organization, or a person described in subparagraph (A). (ii) No requirement for qualified organizations to have contact with, or knowledge of, victim \nA qualified organization may submit a notification to a provider or file a petition on behalf of a victim without regard to whether the qualified organization has contact with the victim or knows the identity, location, or contact information of the victim. (g) Procedures To contest a failure To remove a proscribed visual depiction relating to a child or a notification reporting a proscribed visual depiction relating to a child \n(1) Procedure to contest a failure to remove \n(A) Complainant petition \nA complainant may file a petition to the Board claiming that, as applicable— (i) the complainant submitted a complete notification to a provider concerning a proscribed visual depiction relating to a child, and that— (I) the provider— (aa) did not remove the proscribed visual depiction relating to a child within the timeframe required under subsection (c)(1)(A)(i); or (bb) incorrectly claimed that— (AA) the visual depiction at issue could not be located or removed through reasonable means; (BB) the notification was incomplete; or (CC) the notification was duplicative under subsection (c)(2)(C)(i); and (II) did not file a timely petition to contest the notification with the Board under paragraph (2); or (ii) a provider is hosting a proscribed visual depiction relating to a child, does not have a designated reporting system, and the complainant was unable to serve a notification on the provider under this subsection despite reasonable efforts. (B) Additional claim \nAs applicable, a petition filed under subparagraph (A) may also claim that the proscribed visual depiction relating to a child at issue in the petition involves recidivist hosting. (C) Timeframe \n(i) In general \nA petition under this paragraph shall be considered timely if it is filed within 30 days of the applicable start date, as defined under clause (ii). (ii) Applicable start date \nFor purposes of clause (i), the term applicable start date means— (I) in the case of a petition under subparagraph (A)(i) claiming that the visual depiction was not removed or that the provider made an incorrect claim relating to the visual depiction or notification, the day that the provider's option to file a petition has expired under paragraph (2)(B); and (II) in the case of a petition under subparagraph (A)(ii) related to a notification that could not be served, the last day of the 2-week period that begins on the day on which the complainant first attempted to serve a notification on the provider involved. (D) Identification of victim \nAny petition filed to the Board by the victim or an authorized representative of the victim shall include the victim’s legal name. A petition filed to the Board by a qualified organization may, but is not required to, include the victim's legal name. Any petition containing the victim’s legal name shall be filed under seal. The victim’s legal name shall be redacted from any documents served on the provider and interested owner or made publicly available. (E) Failure to remove visual depictions in timely manner \nA complainant may file a petition under subparagraph (A)(i) claiming that a visual depiction was not removed even if the visual depiction was removed prior to the petition being filed, so long as the petition claims that the visual depiction was not removed within the timeframe specified in subsection (c)(1). (2) Procedure to contest a notification \n(A) Provider petition \nIf a provider receives a complete notification as described in subsection (c)(2) through its designated reporting system or in accordance with subsection (c)(2)(F)(i), the provider may file a petition to the Board claiming that the provider has a good faith belief that, as applicable— (i) the visual depiction that is the subject of the notification does not constitute a proscribed visual depiction relating to a child; (ii) the notification is frivolous or was submitted with an intent to harass the provider or any person; (iii) the alleged proscribed visual depiction relating to a child cannot reasonably be located by the provider; (iv) for reasons beyond the control of the provider, the provider cannot remove the proscribed visual depiction relating to a child using reasonable means; or (v) the notification was duplicative under subsection (c)(2)(C)(i). (B) Timeframe \n(i) In general \nSubject to clauses (ii) and (iii), a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 14 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (ii) No designated reporting system \nSubject to clause (iii), if a provider does not have a designated reporting system, a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 7 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (iii) Small providers \nIn the case of a small provider, each of the timeframes applicable under clauses (i) and (ii) shall be increased by 48 hours. (C) Temporary removal of alleged proscribed visual depiction relating to a child \n(i) In general \nIf a provider files a petition to the Board contesting a notification solely on the basis of the reason described in subparagraph (A)(i), the provider shall disable public and user access to the alleged proscribed visual depiction relating to a child that is the subject of the notification prior to the submission of the petition and during the pendency of the adjudication, including judicial review as provided in subsection (g)(28). Such petition shall include a statement, under the penalty of perjury, that public and user access to the alleged proscribed visual depiction relating to a child has been disabled. (ii) Effect of failure to remove \n(I) In general \nIf a provider fails to comply with clause (i), the Board may— (aa) dismiss the petition with prejudice; and (bb) refer the matter to the Attorney General. (II) Effect of dismissal \nIf a provider’s petition is dismissed under clause (I)(aa), the complainant may bring a petition under paragraph (1) as if the provider did not file a petition within the timeframe specified in subparagraph (B). (iii) Effect on timing \nThe Board shall prioritize the issuance of a determination concerning any petition subject to this subparagraph to the extent possible without causing undue prejudice to any party or interested owner. (3) Commencement of proceeding \n(A) In general \nIn order to commence a proceeding under this section, a petitioning party shall, subject to such additional requirements as may be prescribed in regulations established by the Commission, file a petition with the Board, that includes a statement of claims and material facts in support of each claim in the petition. A petition may set forth more than one claim. A petition shall also include information establishing that it has been filed within the applicable timeframe. (B) Review of petitions by Child Online Protection Attorneys \nChild Online Protection Attorneys may review petitions to assess whether they are complete. The Board may permit a petitioning party to refile a defective petition. The Attorney may assist the petitioning party in making any corrections. (C) Dismissal \nThe Board may dismiss, with or without prejudice, any petition that fails to comply with subparagraph (A). (4) Service of process requirements for petitions \n(A) In general \nFor purposes of petitions under paragraphs (1) and (2), the petitioning party shall, at or before the time of filing a petition, serve a copy on the other party. A corporation, partnership, or unincorporated association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a copy of the petition to its service agent, if one has been so designated. (B) Manner of Service \n(i) Service by nondigital means \nService by nondigital means may be any of the following: (I) Personal, including delivery to a responsible person at the office of counsel. (II) By priority mail. (III) By third-party commercial carrier for delivery within 3 days. (ii) Service by digital means \nService of a paper may be made by sending it by any digital means, including through a provider's designated reporting system. (iii) When service is completed \nService by mail or by commercial carrier is complete 3 days after the mailing or delivery to the carrier. Service by digital means is complete on filing or sending, unless the party making service is notified that the paper was not received by the party served. (C) Proof of service \nA petition filed under paragraph (1) or (2) shall contain— (i) an acknowledgment of service by the person served; (ii) proof of service consisting of a statement by the person who made service certifying— (I) the date and manner of service; (II) the names of the persons served; and (III) their mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service; or (iii) a statement indicating that service could not reasonably be completed. (D) Attorneys fees and costs \nExcept as otherwise provided in this subsection, all parties to a petition shall bear their own attorney fees and costs. (5) Service of other documents \nDocuments submitted or relied upon in a proceeding, other than the petition, shall be served in accordance with regulations established by the Commission. (6) Notification of right to opt out \nIn order to effectuate service on a responding party, the petition shall notify the responding party of their right to opt out of the proceeding before the Board, and the consequences of opting out and not opting out, including a prominent statement that by not opting out the respondent— (A) loses the opportunity to have the dispute decided by a court created under article III of the Constitution of the United States; and (B) waives the right to a jury trial regarding the dispute. (7) Opt-out procedure \nWithin 1 week of completion of service of the petition under paragraph (4), 1 or more Officers of the Board shall hold a conference to explain that the responding party has a right to opt out of the proceeding before the Board, and describe the consequences of opting out and not opting out as described in paragraph (6). A responding party shall have a period of 30 days, beginning on the date of conference, in which to provide written notice of such choice to the petitioning party and the Child Online Protection Board. If the responding party does not submit an opt-out notice to the Child Online Protection Board within that 30-day period, the proceeding shall be deemed an active proceeding and the responding party shall be bound by the determination in the proceeding. If the responding party opts out of the proceeding during that 30-day period, the proceeding shall be dismissed without prejudice. (8) Scheduling \nUpon receipt of a complete petition and at the conclusion of the opt out procedure described in paragraph (7), the Board shall issue a schedule for the future conduct of the proceeding. A schedule issued by the Board may be amended by the Board in the interests of justice. (9) Conferences \nOne or more Officers of the Board may hold a conference to address case management or discovery issues in a proceeding, which shall be noted upon the record of the proceeding and may be recorded or transcribed. (10) Party submissions \nA proceeding of the Board may not include any formal motion practice, except that, subject to applicable regulations and procedures of the Board— (A) the parties to the proceeding and an interested owner may make requests to the Board to address case management and discovery matters, and submit responses thereto; and (B) the Board may request or permit parties and interested owners to make submissions addressing relevant questions of fact or law, or other matters, including matters raised sua sponte by the Officers of the Board, and offer responses thereto. (11) Discovery \n(A) In general \nDiscovery in a proceeding shall be limited to the production of relevant information and documents, written interrogatories, and written requests for admission, as provided in regulations established by the Commission, except that— (i) upon the request of a party, and for good cause shown, the Board may approve additional relevant discovery, on a limited basis, in particular matters, and may request specific information and documents from parties in the proceeding, consistent with the interests of justice; (ii) upon the request of a party or interested owner, and for good cause shown, the Board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information; (iii) after providing notice and an opportunity to respond, and upon good cause shown, the Board may apply an adverse inference with respect to disputed facts against a party or interested owner who has failed to timely provide discovery materials in response to a proper request for materials that could be relevant to such facts; and (iv) an interested owner shall only produce or receive discovery to the extent it relates to whether the visual depiction at issue constitutes a proscribed visual depiction relating to a child. (B) Privacy \nAny alleged proscribed visual depiction relating to a child received by the Board or the Commission as part of a proceeding shall be filed under seal and shall remain in the care, custody, and control of the Board or the Commission. For purposes of discovery, the Board or Commission shall make the proscribed visual depiction relating to a child reasonably available to the parties and interested owner but shall not provide copies. The privacy protections described in section 3509(d) of title 18, United States Code, shall apply to the Board, Commission, provider, complainant, and interested owner. (12) Responses \nThe responding party may refute any of the claims or factual assertions made by the petitioning party, and may also claim that the petition was not filed in the applicable timeframe or is barred under subsection (h). If a complainant is the petitioning party, a provider may claim in response that the notification was incomplete and could not be made complete under subsection (c)(2)(D)(i). The petitioning party may refute any responses submitted by the responding party. (13) Interested owner \nAn individual notified under paragraph (19)(C)(ii) may, within 14 days of being so notified, file a motion to join the proceeding for the limited purpose of claiming that the visual depiction at issue does not constitute a proscribed visual depiction relating to a child. The Board shall serve the motion on both parties. Such motion shall include a factual basis and a signed statement, submitted under penalty of perjury, indicating that the individual produced or created the visual depiction at issue. The Board shall dismiss any motion that does not include the signed statement or that was submitted by an individual who did not produce or create the visual depiction at issue. If the motion is granted, the interested owner may also claim that the notification and petition were filed with an intent to harass the interested owner. Any party may refute the claims and factual assertions made by the interested owner. (14) Evidence \nThe Board may consider the following types of evidence in a proceeding, and such evidence may be admitted without application of formal rules of evidence: (A) Documentary and other nontestimonial evidence that is relevant to the petitions or responses in the proceeding. (B) Testimonial evidence, submitted under penalty of perjury in written form or in accordance with paragraph (15), limited to statements of the parties and nonexpert witnesses, that is relevant to the petitions or responses in a proceeding, except that, in exceptional cases, expert witness testimony or other types of testimony may be permitted by the Board for good cause shown. (15) Hearings \nUnless waived by all parties, the Board shall conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding, including oral testimony, subject to the following: (A) Any such hearing shall be attended by not fewer than two of the Officers of the Board. (B) The hearing shall be noted upon the record of the proceeding and, subject to subparagraph (C), may be recorded or transcribed as deemed necessary by the Board. (C) A recording or transcript of the hearing shall be made available to any Officer of the Board who is not in attendance. (16) Voluntary dismissal \n(A) By petitioning party \nUpon the written request of a petitioning party, the Board shall dismiss the petition, with or without prejudice. (B) By responding party or interested owner \nUpon written request of a responding party or interested owner, the Board shall dismiss any responses to the petition, and shall consider all claims and factual assertions in the petition to be true. (17) Factual findings \nSubject to paragraph (11)(A)(iii), the Board shall make factual findings based upon a preponderance of the evidence. (18) Determinations \n(A) Nature and contents \nA determination rendered by the Board in a proceeding shall— (i) be reached by a majority of the Board; (ii) be in writing, and include an explanation of the factual and legal basis of the determination; and (iii) include a clear statement of all fines, costs, and other relief awarded. (B) Dissent \nAn Officer of the Board who dissents from a decision contained in a determination under subparagraph (A) may append a statement setting forth the grounds for that dissent. (19) Publication and disclosure \n(A) Publication \nEach final determination of the Board shall be made available on a publicly accessible website, except that the final determination shall be redacted to protect confidential information that is the subject of a protective order under paragraph (11)(A)(ii) or information protected pursuant to paragraph (11)(B) and any other information protected from public disclosure under the Federal Trade Commission Act or any other applicable provision of law. (B) Freedom of information act \nAll information relating to proceedings of the Board under this section is exempt from disclosure to the public under section 552(b)(3) of title 5, except for determinations, records, and information published under subparagraph (A). Any information that is disclosed under this subparagraph shall have redacted any information that is the subject of a protective order under paragraph (11)(A)(ii) or protected pursuant to paragraph (11)(B). (C) Effect of petition on non-disclosure period \n(i) Submission of a petition extends the non-disclosure period under subsection (c)(2)(I) for the pendency of the proceeding. The provider may submit an objection to the Board that nondisclosure is contrary to the interests of justice. The complainant may, but is not required to, respond to the objection. The Board should sustain the objection unless there is reason to believe that the circumstances in section 3486(a)(6)(B) of title 18, United States Code, exist and outweigh the interests of justice. (ii) If the Board sustains an objection to the nondisclosure period, the provider or the Board may notify the apparent owner of the visual depiction in question about the proceeding, and include instructions on how the owner may move to join the proceeding under paragraph (13). (iii) If applicable, the nondisclosure period expires 120 after the Board’s determination becomes final, except it shall expire immediately upon the Board's determination becoming final if the Board finds that the visual depiction is not a proscribed visual depiction relating to a minor. (iv) The interested owner of a visual depiction may not bring any legal action against any party related to the proscribed visual depiction relating to a child until the Board’s determination is final. Once the determination is final, the owner of the visual depiction may pursue any legal relief available under the law, subject to subsections (h), (k), and (l). (20) Responding party’s default \nIf the Board finds that service of the petition on the responding party could not reasonably be completed, or the responding party has failed to appear or has ceased participating in a proceeding, as demonstrated by the responding party’s failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may enter a default determination, including the dismissal of any responses asserted by the responding party, as follows and in accordance with such other requirements as the Commission may establish by regulation: (A) The Board shall require the petitioning party to submit relevant evidence and other information in support of the petitioning party’s claims and, upon review of such evidence and any other requested submissions from the petitioning party, shall determine whether the materials so submitted are sufficient to support a finding in favor of the petitioning party under applicable law and, if so, the appropriate relief and damages, if any, to be awarded. (B) If the Board makes an affirmative determination under subparagraph (A), the Board shall prepare a proposed default determination, and shall provide written notice to the responding party at all addresses, including email addresses, reflected in the records of the proceeding before the Board, of the pendency of a default determination by the Board and of the legal significance of such determination. Such notice shall be accompanied by the proposed default determination and shall provide that the responding party has a period of 30 days, beginning on the date of the notice, to submit any evidence or other information in opposition to the proposed default determination. (C) If the responding party responds to the notice provided under subparagraph (B) within the 30-day period provided in such subparagraph, the Board shall consider responding party’s submissions and, after allowing the petitioning party to address such submissions, maintain, or amend its proposed determination as appropriate, and the resulting determination shall not be a default determination. (D) If the respondent fails to respond to the notice provided under subparagraph (B), the Board shall proceed to issue the default determination. Thereafter, the respondent may only challenge such determination to the extent permitted under paragraph (28). (21) Petitioning party or interested owner’s failure to proceed \nIf a petitioning party or interested owner who has joined the proceeding fails to proceed, as demonstrated by the failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may, upon providing written notice to the petitioning party or interested owner and a period of 30 days, beginning on the date of the notice, to respond to the notice, and after considering any such response, issue a determination dismissing the claims made by the petitioning party or interested owner. The Board may order the petitioning party to pay attorneys’ fees and costs under paragraph (26)(B), if appropriate. Thereafter, the petitioning party may only challenge such determination to the extent permitted under paragraph (28). (22) Request for reconsideration \nA party or interested owner may, within 30 days after the date on which the Board issues a determination under paragraph (18), submit to the Board a written request for reconsideration of, or an amendment to, such determination if the party or interested owner identifies a clear error of law or fact material to the outcome, or a technical mistake. After providing the other parties an opportunity to address such request, the Board shall either deny the request or issue an amended determination. (23) Review by Commission \nIf the Board denies a party or interested owner a request for reconsideration of a determination under paragraph (22), the party or interested owner may, within 30 days after the date of such denial, request review of the determination by the Commission in accordance with regulations established by the Commission. After providing the other party or interested owner an opportunity to address the request, the Commission shall either deny the request for review, or remand the proceeding to the Board for reconsideration of issues specified in the remand and for issuance of an amended determination. Such amended determination shall not be subject to further consideration or review, other than under paragraph (28). (24) Favorable ruling on complainant petition \n(A) In general \nIf the Board grants a complainant’s petition filed under this section, notwithstanding any other law, the Board shall— (i) order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction; (ii) impose a fine of $50,000 per proscribed visual depiction relating to a child covered by the determination, but if the Board finds that— (I) the provider removed the proscribed visual depiction relating to a child after the period set forth in subsection (c)(1)(A)(i), but before the complainant filed a petition, such fine shall be $25,000; (II) the provider has engaged in recidivist hosting for the first time with respect to the proscribed visual depiction relating to a child in question, such fine shall be $100,000 per proscribed visual depiction relating to a child; or (III) the provider has engaged in recidivist hosting of the proscribed visual depiction relating to a child in question 2 or more times, such fine shall be $200,000 per proscribed visual depiction relating to a child; (iii) order the provider to pay reasonable costs to the complainant; and (iv) refer any matters involving intentional or willful conduct by a provider with respect to a proscribed visual depiction relating to a child, or recidivist hosting, to the Attorney General for prosecution under any applicable laws. (B) Provider payment of fine and costs \nNotwithstanding any other law, the Board shall direct a provider to promptly pay fines and costs imposed under subparagraph (A) as follows: (i) If the petition was filed by a victim, such fine and costs shall be paid to the victim. (ii) If the petition was filed by an authorized representative of a victim— (I) 30 percent of such fine shall be paid to the authorized representative and 70 percent of such fine paid to the victim; and (II) costs shall be paid to the authorized representative. (iii) If the petition was filed by a qualified organization— (I) the fine shall be paid to the Child Pornography Victims Reserve as provided in section 2259B of title 18, United States Code; and (II) costs shall be paid to the qualified organization. (25) Effect of denial of provider petition \n(A) In general \nIf the Board denies a provider’s petition to contest a notification filed under paragraph (2), it shall order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction. (B) Referral for failure to remove material \nIf a provider does not remove and, if applicable, permanently delete a proscribed visual depiction relating to a child within 48 hours of the Board issuing a determination under subparagraph (A), or not later than 2 business days of the Board issuing a determination under subparagraph (A) concerning a small provider, the Board shall refer the matter to the Attorney General for prosecution under any applicable laws. (C) Costs for frivolous petition \nIf the Board finds that a provider filed a petition under paragraph (2) for a harassing or improper purpose or without reasonable basis in law or fact, the Board shall order the provider to pay the reasonable costs of the complainant. (26) Effect of denial of complainant's petition or favorable ruling on provider's petition \n(A) Restoration \nIf the Board grants a provider’s petition filed under paragraph (2) or if the Board denies a petition filed by the complainant under paragraph (1), the provider may restore access to any visual depiction that was at issue in the proceeding. (B) Costs for incomplete or frivolous notification and harassment \nIf, in granting or denying a petition as described in subparagraph (A), the Board finds that the notification contested in the petition could not be made complete under subsection (c)(2)(D), is frivolous, or is duplicative under subsection (c)(2)(C)(i), the Board may order the complainant to pay costs to the provider and any interested owner, which shall not exceed a total of $10,000, or, if the Board finds that the complainant filed the notification with an intent to harass the provider or any person, a total of $15,000. (27) Civil action; other relief \n(A) In general \nWhenever any provider or complainant fails to comply with a final determination of the Board issued under paragraph (18), the Department of Justice may commence a civil action in a district court of the United States to enforce compliance with such determination. (B) Savings clause \nNothing in this section shall be construed to limit the authority of the Commission or Department of Justice under any other provision of law. (28) Challenges to the determination \n(A) Bases for challenge \nNot later than 45 days after the date on which the Board issues a determination or amended determination in a proceeding, or not later than 45 days after the date on which the Board completes any process of reconsideration or the Commission completes a review of the determination, whichever occurs later, a party may seek an order from a district court, located where the provider or complainant conducts business or resides, vacating, modifying, or correcting the determination of the Board in the following cases: (i) If the determination was issued as a result of fraud, corruption, misrepresentation, or other misconduct. (ii) If the Board exceeded its authority or failed to render a determination concerning the subject matter at issue. (iii) In the case of a default determination or determination based on a failure to prosecute, if it is established that the default or failure was due to excusable neglect. (B) Procedure to challenge \n(i) Notice of application \nNotice of the application to challenge a determination of the Board shall be provided to all parties to the proceeding before the Board, in accordance with the procedures applicable to service of a motion in the court where the application is made. (ii) Staying of proceedings \nFor purposes of an application under this paragraph, any judge who is authorized to issue an order to stay the proceedings in an any other action brought in the same court may issue an order, to be served with the notice of application, staying proceedings to enforce the award while the challenge is pending. (29) Final determination \nA determination of the Board shall be final on the date that all opportunities for a party or interested owner to seek reconsideration or review of a determination under paragraph (22) or (23), or for a party to challenge the determination under paragraph (28), have expired or are exhausted. (h) Effect of proceeding \n(1) Subsequent proceedings \nThe issuance of a final determination by the Board shall preclude the filing by any party of any subsequent petition that is based on the notification at issue in the final determination. This paragraph shall not limit the ability of any party to file a subsequent petition based on any other notification. (2) Determination \nExcept as provided in paragraph (1), the issuance of a final determination by the Board, including a default determination or determination based on a failure to prosecute, shall not preclude relitigation of any factual matter in any subsequent legal action or proceeding before any court, tribunal, or the Board, and any determination of the Board may not be cited or relied upon as legal precedent in any such legal action or proceeding except that— (A) no party or interested owner may relitigate any allegation, factual claim, or response that was properly asserted and considered by the Board in any subsequent proceeding before the Board involving the same parties or interested owner and the same proscribed visual depiction relating to a minor; and (B) a finding by the Board that a visual depiction constitutes a proscribed visual depiction relating to a child may not be relitigated in any civil proceeding brought by an interested owner. (3) Other materials in proceeding \nA submission or statement of a party, interested owner, or witness made in connection with a proceeding before the Board, including a proceeding that is dismissed, may not serve as the basis of any action or proceeding before any court or tribunal except for any legal action related to perjury or for conduct described in subsection (k)(2). A statement of a party, interested owner, or witness may be received as evidence, in accordance with applicable rules, in any subsequent legal action or proceeding before any court, tribunal, or the Board. (4) Failure to assert response \nExcept as provided in paragraph (1), the failure or inability to assert any allegation, factual claim, or response in a proceeding before the Board shall not preclude the assertion of that response in any subsequent legal action or proceeding before any court, tribunal, or the Board. (i) Administration \nThe Commission may issue regulations in accordance with section 553 of title 5, United States Code, to implement this section. (j) Study \n(1) In general \nNot later than 3 years after the date on which Child Online Protection Board issues the first determination under this section, the Commission shall conduct, and report to Congress on, a study that addresses the following: (A) The use and efficacy of the Child Online Protection Board in expediting the removal of proscribed visual depictions relating to children and resolving disputes concerning said visual depictions, including the number of proceedings the Child Online Protection Board could reasonably administer with current allocated resources. (B) Whether adjustments to the authority of the Child Online Protection Board are necessary or advisable, including with respect to permissible claims, responses, fines, costs, and joinder by interested parties; (C) Whether the Child Online Protection Board should be permitted to expire, be extended, or be expanded. (D) Such other matters as the Commission believes may be pertinent concerning the Child Online Protection Board. (2) Consultation \nIn conducting the study and completing the report required under paragraph (1), the Commission shall, to the extent feasible, consult with complainants, victims, and providers to include their views on the matters addressed in the study and report. (k) Limited liability \n(1) In general \nExcept as provided in paragraph (2), a civil claim or criminal charge against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4), for distributing, receiving, accessing, or possessing a proscribed visual depiction relating to a child for the sole and exclusive purpose of complying with the requirements of this section, or for the sole and exclusive purpose of seeking or providing legal advice in order to comply with this section, may not be brought in any Federal or State court. (2) Intentional, reckless, or other misconduct \nParagraph (1) shall not apply to a claim against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4)— (A) for any conduct unrelated to compliance with the requirements of this section; (B) if the Board, provider, complainant, interested owner, or representative under subsection (f)(4) (as applicable)— (i) engaged in intentional misconduct; or (ii) acted, or failed to act— (I) with actual malice; or (II) with reckless disregard to a substantial risk of causing physical injury without legal justification; or (C) in the case of a claim against a complainant, if the complainant falsely claims to be a victim, an authorized representative of a victim, or a qualified organization. (3) Minimizing access \nThe Board, a provider, a complainant, an interested owner, or a representative under subsection (f)(4) shall— (A) minimize the number of individuals that are provided access to any alleged, contested, or actual proscribed visual depictions relating to a child under this section; (B) ensure that any alleged, contested, or actual proscribed visual depictions relating to a child are transmitted and stored in a secure manner and are not distributed to or accessed by any individual other than as needed to implement this section; and (C) ensure that all copies of any proscribed visual depictions relating to a child are permanently deleted upon a request from the Board, Commission, or the Federal Bureau of Investigation. (l) Provider immunity from claims based on removal of visual depiction \nA provider shall not be liable to any person for any claim based on the provider’s good faith removal of any alleged proscribed visual depiction relating to a child pursuant to a notification under this section, regardless of whether the visual depiction is found to be a proscribed visual depiction relating to a child by the Board. (m) Continued applicability of Federal, State, and Tribal law \n(1) In general \nThis Act shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law. (2) No preemption \nNothing in this Act shall prohibit a State or Tribal government from adopting and enforcing a provision of law governing child sex abuse material that is at least as protective of the rights of a victim as this section. (n) Discovery \nNothing in this Act affects discovery, a subpoena or any other court order, or any other judicial process otherwise in accordance with Federal or State law. (o) Rule of construction \nNothing in this section shall be construed to relieve a provider from any obligation imposed on the provider under section 2258A of title 18, United States Code. (p) Funding \nThere are authorized to be appropriated such sums as may be necessary to pay the costs incurred by the Commission under this section, including the costs of establishing and maintaining the Board and its facilities. (q) Sunset \nExcept for subsections (a), (h), (k), (l), (m), (n), (o), and (r), this section shall expire 5 years after the date on which the Child Online Protection Board issues its first determination under this section. (r) Definitions \nIn this section: (1) Board \nThe term Board means the Child Online Protection Board established under subsection (e). (2) Child sexual abuse material \nThe term child sexual abuse material has the meaning provided in section 2256(8) of title 18, United States Code. (3) Commission \nThe term Commission means the Federal Trade Commission. (4) Complainant \nThe term complainant means— (A) the victim appearing in the proscribed visual depiction relating to a child; (B) an authorized representative of the victim appearing in the proscribed visual depiction relating to a child; or (C) a qualified organization. (5) Designated reporting system \nThe term designated reporting system means a digital means of submitting a notification to a provider under this subsection that is publicly and prominently available, easily accessible, and easy to use. (6) Host \nThe term host means to store or make a visual depiction available or accessible to the public or any users through digital means or on a system or network controlled or operated by or for a provider. (7) Identifiable person \nThe term identifiable person means a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. (8) Interested owner \nThe term interested owner means an individual who has joined a proceeding before the Board under subsection (g)(13). (9) Party \nThe term party means the complainant or provider. (10) Proscribed visual depiction relating to a child \nThe term proscribed visual depiction relating to a child means child sexual abuse material or a related exploitative visual depiction. (11) Provider \nThe term provider means a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), and for purposes of subsections (k) and (l), includes any director, officer, employee, or agent of such provider. (12) Qualified organization \nThe term qualified organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of that Code that works to address child sexual abuse material and to support victims of child sexual abuse material. (13) Recidivist hosting \nThe term recidivist hosting means, with respect to a provider, that the provider removes a proscribed visual depiction relating to a child pursuant to a notification or determination under this subsection, and then subsequently hosts a visual depiction that has the same hash value or other technical identifier as the visual depiction that had been so removed. (14) Related exploitive visual depiction \nThe term related exploitive visual depiction means a visual depiction of an identifiable person of any age where the visual depiction does not constitute child sexual abuse material but is published and associated with child sexual abuse material depicting that person. (15) Small provider \nThe term small provider means a provider that, for the most recent calendar year, averaged less than 10,000,000 active users on a monthly basis in the United States. (16) Victim \n(A) In general \nThe term victim means an individual of any age who is depicted in child sexual abuse material while under 18 years of age. (B) Assumption of rights \nIn the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, may assume the victim's rights to submit a notification or file a petition under this section, but in no event shall an individual who produced or conspired to produce the child sexual abuse material depicting the victim be named as such representative or guardian. (17) Visual depiction \nThe term visual depiction has the meaning provided in section 2256(5) of title 18, United States Code.", "id": "idf67b1ddb3c6f4766bedfb5b9ed6bd068", "header": "Reporting and removal of proscribed visual depictions relating to children; establishment of Child Online Protection Board", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Over 40 years ago, the Supreme Court of the United States ruled in New York v. Ferber, 458 U.S. 747 (1982), that child sexual abuse material (referred to in this subsection as CSAM ) is a category of material outside the protections of the First Amendment. The Court emphasized that children depicted in CSAM are harmed twice: first through the abuse and exploitation inherent in the creation of the materials, and then through the continued circulation of the imagery, which inflicts its own emotional and psychological injury. (2) The Supreme Court reiterated this point 9 years ago in Paroline v. United States, 572 U.S. 434 (2014), when it explained that CSAM victims suffer continuing and grievous harm as a result of [their] knowledge that a large, indeterminate number of individuals have viewed and will in the future view images of the sexual abuse [they] endured. (3) In these decisions, the Supreme Court noted that the distribution of child sexual abuse material invades the privacy interests of the victims. (4) The co-mingling online of CSAM with other, non-explicit depictions of the victims links the victim’s identity with the images of their abuse. This further invades a victim’s privacy and disrupts their sense of security, thwarting what the Supreme Court has described as the individual interest in avoiding disclosure of personal matters. (5) The internet is awash with child sexual abuse material. In 2021, the CyberTipline, operated by the National Center for Missing & Exploited Children to combat online child sexual exploitation, received reports about 39,900,000 images and 44,800,000 videos depicting child sexual abuse. (6) Since 2017, Project Arachnid, operated by the Canadian Centre for Child Protection, has sent over 26,000,000 notices to online providers about CSAM and other exploitive material found on their platforms. According to the Canadian Centre, some providers are slow to remove the material, or take it down only for it to be reposted again a short time later. (7) This legislation is needed to create an easy-to-use and effective procedure to get CSAM and harmful related imagery quickly taken offline and kept offline to protect children, stop the spread of illegal and harmful content, and thwart the continued invasion of the victims' privacy.", "id": "idE2D4FC1EE4DE418D93BF9FDED54CDBF1", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Implementation \n(1) Implementation \nExcept as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, the Child Online Protection Board established under subsection (d), shall begin operations, at which point providers shall begin receiving notifications as set forth in subsection (c)(2). (2) Extension \nThe Commission may extend the deadline under paragraph (1) by not more than 180 days if the Commission provides notice of the extension to the public and to Congress.", "id": "idA2D9940DBE5946D0A6B80DA4839C0B54", "header": "Implementation", "nested": [], "links": [] }, { "text": "(c) Reporting and removal of proscribed visual depictions relating to children \n(1) In general \nIf a provider receives a complete notification as set forth in paragraph (2)(A) that the provider is hosting a proscribed visual depiction relating to a child, not later than 48 hours after such notification is received by the provider (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider) the provider shall— (A) (i) remove the proscribed visual depiction relating to a child; and (ii) notify the complainant that it has done so; or (B) notify the complainant that the provider— (i) is unable to remove the proscribed visual depiction relating to a child using reasonable means; or (ii) has determined that the notification is duplicative under paragraph (2)(C)(i). (2) Notification requirements \n(A) In general \nTo be complete under this subsection, a notification must be a written communication to the designated reporting system of the provider (or, if the provider does not have a designated reporting system, a written communication that is served on the provider in accordance with subparagraph (F)) that includes the following: (i) An identification of, and information reasonably sufficient to permit the provider to locate, the alleged proscribed visual depiction relating to a child. Such information may include, at the option of the complainant, a copy of the alleged proscribed visual depiction relating to a child or the uniform resource locator where such proscribed visual depiction is located. (ii) The complainant’s name and contact information, to include a mailing address, telephone number, and an electronic mail address, except that, if the complainant is the victim depicted in the alleged proscribed visual depiction relating to a child, the complainant may elect to use an alias, including for purposes of the signed statement described in clause (v), and omit a mailing address. (iii) If applicable, a statement indicating that the complainant has previously notified the provider about the alleged proscribed visual depiction relating to a child which may, at the option of the complainant, include a copy of the previous notification. (iv) A statement indicating that the complainant has a good faith belief that the information in the notification is accurate. (v) A signed statement under penalty of perjury indicating that the notification is submitted by— (I) the victim depicted in the alleged proscribed visual depiction relating to a child; (II) an authorized representative of the victim depicted in the alleged proscribed visual depiction relating to a child; or (III) a qualified organization. (B) Inclusion of multiple visual depictions in same notification \nA notification may contain information about more than one proscribed visual depiction relating to a child, but shall only be effective with respect to each proscribed visual depiction relating to a child included in the notification to the extent that the notification includes sufficient information to identify and locate such visual depiction. (C) Limitation on duplicative notifications \n(i) In general \nAfter a complainant has submitted a notification to a provider, the complainant may submit additional notifications at any time only if the subsequent notifications involve— (I) a different proscribed visual depiction relating to a minor; (II) the same proscribed visual depiction relating to a minor that is in a different location; or (III) recidivist hosting. (ii) No obligation \nA provider who receives any additional notifications that do not comply with clause (i) shall not be required to take any additional action except— (I) as may be required with respect to the original notification; and (II) to notify the complainant as provided in paragraph (1)(B)(ii). (D) Incomplete or misdirected notification \n(i) Requirement to contact complainant regarding insufficient information \n(I) Requirement to contact complainant \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification but does contain the complainant contact information described in subparagraph (A)(ii), the provider shall, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic email address to obtain such information. (II) Effect of complainant providing sufficient information \nIf the provider is able to contact the complainant and obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the information needed to identify or locate the visual depiction. (III) Effect of complainant inability to provide sufficient information \nIf the provider is able to contact the complainant but does not obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall so notify the complainant not later than 48 hours after the provider determines that it is unable to identify or locate the visual depiction (or, in the case of a small provider, not later than 2 business days after the small provider makes such determination), after which no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (IV) Effect of complainant failure to respond \nIf the complainant does not respond to the provider's attempt to contact the complainant under this clause within 14 days of such attempt, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (ii) Treatment of incomplete notification where complainant cannot be contacted \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification and does not contain the complainant contact information described in subparagraph (A)(ii) (or if the provider is unable to contact the complainant using such information), no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Treatment of notification not submitted to designated reporting system \nIf a provider has a designated reporting system, and a complainant submits a notification under this subsection to the provider without using such system, the provider shall not be considered to have received the notification. (E) Option to contact complainant regarding the proscribed visual depiction involving a minor \n(i) Contact with complainant \nIf the provider believes that the proscribed visual depiction involving a minor referenced in the notification does not meet the definition of such term as provided in subsection (r)(10), the provider may, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic mail address to so indicate. (ii) Failure to respond \nIf the complainant does not respond to the provider within 14 days after receiving the notification, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Complainant response \nIf the complainant responds to the provider within 14 days after receiving the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the complainant’s response. (F) Service of notification where provider has no designated reporting system; process where complainant cannot serve provider \n(i) No designated reporting system \nIf a provider does not have a designated reporting system, a complainant may serve the provider with a notification under this subsection to the provider in the same manner that petitions are required to be served under subsection (g)(4). (ii) Complainant cannot serve provider \nIf a provider does not have a designated reporting system and a complainant cannot reasonably serve the provider with a notification as described in clause (i), the complainant may bring a petition under subsection (g)(1) without serving the provider with the notification. (G) Recidivist hosting \nIf a provider engages in recidivist hosting of a proscribed visual depiction relating to a child, in addition to any action taken under this section, a complainant may submit a report concerning such recidivist hosting to the CyberTipline operated by the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by the National Center for Missing and Exploited Children. (H) Preservation \nA provider that receives a complete notification under this subsection shall preserve the information in such notification in accordance with the requirements of sections 2713 and 2258A(h) of title 18, United States Code. For purposes of this subparagraph, the period for which providers shall be required to preserve information in accordance with such section 2258A(h) may be extended in 90-day increments on written request by the complainant or order of the Board. (I) Non-disclosure \nExcept as otherwise provided in subsection (g)(19)(C), for 180 days following receipt of a notification under this subsection, a provider may not disclose the existence of the notification to any person or entity except to an attorney for purposes of obtaining legal advice, the Board, the Commission, a law enforcement agency described in subparagraph (A), (B), or (C) of section 2258A(g)(3) of title 18, United States Code, the National Center for Missing and Exploited Children, or as necessary to respond to legal process. Nothing in the preceding sentence shall be construed to infringe on the provider’s ability to communicate general information about terms of service violations.", "id": "idEA632101BD0A42AEAA05E18F26694FD8", "header": "Reporting and removal of proscribed visual depictions relating to children", "nested": [], "links": [] }, { "text": "(d) Establishment of Child Online Protection Board \n(1) In general \nThere is established in the Federal Trade Commission a Child Online Protection Board, which shall administer and enforce the requirements of subsection (e) in accordance with this section. (2) Officers and staff \nThe Board shall be composed of 3 full-time Child Online Protection Officers who shall be appointed by the Commission in accordance with paragraph (5)(A). A vacancy on the Board shall not impair the right of the remaining Child Online Protection Officers to exercise the functions and duties of the Board. (3) Child online protection attorneys \nNot fewer than 2 full-time Child Online Protection Attorneys shall be hired to assist in the administration of the Board. (4) Technological adviser \nOne or more technological advisers may be hired to assist with the handling of digital evidence and consult with the Child Online Protection Officers on matters concerning digital evidence and technological issues. (5) Qualifications \n(A) Officers \n(i) In general \nEach Child Online Protection Officer shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 7 years of legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (ii) Experience \nTwo of the Child Online Protection Officers shall have substantial experience in the evaluation, litigation, or adjudication of matters relating to child sexual abuse material or technology-facilitated crimes against children. (B) Attorneys \nEach Child Online Protection Attorney shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 3 years of substantial legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (C) Technological adviser \nA technological adviser shall have at least one year of specialized experience with digital forensic analysis. (6) Compensation \n(A) Child Online Protection Officers \n(i) Definition \nIn this subparagraph, the term senior level employee of the Federal Government means an employee, other than employee in the Senior Executive Service, the position of whom is classified above GS–15 of the General Schedule. (ii) Pay range \nEach Child Online Protection Officer shall be compensated at a rate of pay that is not less than the minimum, and not more than the maximum, rate of pay payable for senior level employees of the Federal Government, including locality pay, as applicable. (B) Child Online Protection Attorneys \nEach Child Online Protection Attorney shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–15 of the General Schedule, including locality pay, as applicable. (C) Technological adviser \nA technological adviser of the Board shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–14 of the General Schedule, including locality pay, as applicable. (7) Vacancy \nIf a vacancy occurs in the position of Child Online Protection Officer, the Commission shall act expeditiously to appoint an Officer for that position. (8) Sanction or removal \nSubject to subsection (e)(2), the Chair of the Commission or the Commission may sanction or remove a Child Online Protection Officer. (9) Administrative support \nThe Commission shall provide the Child Online Protection Officers and Child Online Protection Attorneys with necessary administrative support, including technological facilities, to carry out the duties of the Officers and Attorneys under this section. The Department of Justice may provide equipment and guidance on the storage and handling of proscribed visual depictions relating to children. (10) Location of Board \nThe offices and facilities of the Child Online Protection Officers and Child Online Protection Attorneys shall be located at the headquarters or other office of the Commission.", "id": "id43AF439718794DC48C103C6B10E2D7D4", "header": "Establishment of Child Online Protection Board", "nested": [], "links": [] }, { "text": "(e) Authority and duties of the Board \n(1) Functions \n(A) Officers \nSubject to the provisions of this section and applicable regulations, the functions of the Officers of the Board shall be as follows: (i) To render determinations on petitions that may be brought before the Officers under this section. (ii) To ensure that petitions and responses are properly asserted and otherwise appropriate for resolution by the Board. (iii) To manage the proceedings before the Officers and render determinations pertaining to the consideration of petitions and responses, including with respect to scheduling, discovery, evidentiary, and other matters. (iv) To request, from participants and nonparticipants in a proceeding, the production of information and documents relevant to the resolution of a petition or response. (v) To conduct hearings and conferences. (vi) To facilitate the settlement by the parties of petitions and responses. (vii) To impose fines as set forth in subsection (g)(24). (viii) To provide information to the public concerning the procedures and requirements of the Board. (ix) To maintain records of the proceedings before the Officers, certify official records of such proceedings as needed, and, as provided in subsection (g)(19)(A), make the records in such proceedings available to the public. (x) To carry out such other duties as are set forth in this section. (xi) When not engaged in performing the duties of the Officers set forth in this section, to perform such other duties as may be assigned by the Chair of the Commission or the Commission. (B) Attorneys \nSubject to the provisions of this section and applicable regulations, the functions of the Attorneys of the Board shall be as follows: (i) To provide assistance to the Officers of the Board in the administration of the duties of those Officers under this section. (ii) To provide assistance to complainants, providers, and members of the public with respect to the procedures and requirements of the Board. (iii) When not engaged in performing the duties of the Attorneys set forth in this section, to perform such other duties as may be assigned by the Commission. (C) Designated service agents \nThe Board may maintain a publicly available directory of service agents designated to receive service of petitions filed with the Board. (2) Independence in determinations \n(A) In general \nThe Board shall render the determinations of the Board in individual proceedings independently on the basis of the records in the proceedings before it and in accordance with the provisions of this section, judicial precedent, and applicable regulations of the Commission. (B) Performance appraisals \nNotwithstanding any other provision of law or any regulation or policy of the Commission, any performance appraisal of an Officer or Attorney of the Board may not consider the substantive result of any individual determination reached by the Board as a basis for appraisal except to the extent that result may relate to any actual or alleged violation of an ethical standard of conduct. (3) Direction by Commission \nSubject to paragraph (2), the Officers and Attorneys shall, in the administration of their duties, be under the supervision of the Chair of the Commission. (4) Inconsistent duties barred \nAn Officer or Attorney of the Board may not undertake any duty that conflicts with the duties of the Officer or Attorney in connection with the Board. (5) Recusal \nAn Officer or Attorney of the Board shall recuse himself or herself from participation in any proceeding with respect to which the Officer or Attorney, as the case may be, has reason to believe that he or she has a conflict of interest. (6) Ex parte communications \nExcept as may otherwise be permitted by applicable law, any party or interested owner involved in a proceeding before the Board shall refrain from ex parte communications with the Officers of the Board and the Commission relevant to the merits of such proceeding before the Board. (7) Judicial review \nActions of the Officers and the Commission under this section in connection with the rendering of any determination are subject to judicial review as provided under subsection (g)(28).", "id": "id8a8993cdafd44c37bc51a1783eb15331", "header": "Authority and duties of the Board", "nested": [], "links": [] }, { "text": "(f) Conduct of proceedings of the Board \n(1) In general \nProceedings of the Board shall be conducted in accordance with this section and regulations established by the Commission under this section, in addition to relevant principles of law. (2) Record \nThe Board shall maintain records documenting the proceedings before the Board. (3) Centralized process \nProceedings before the Board shall— (A) be conducted at the offices of the Board without the requirement of in-person appearances by parties or others; (B) take place by means of written submissions, hearings, and conferences carried out through internet-based applications and other telecommunications facilities, except that, in cases in which physical or other nontestimonial evidence material to a proceeding cannot be furnished to the Board through available telecommunications facilities, the Board may make alternative arrangements for the submission of such evidence that do not prejudice any party or interested owner; and (C) be conducted and concluded in an expeditious manner without causing undue prejudice to any party or interested owner. (4) Representation \n(A) In general \nA party or interested owner involved in a proceeding before the Board may be, but is not required to be, represented by— (i) an attorney; or (ii) a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis. (B) Representation of victims \n(i) In general \nA petition involving a victim under the age of 16 at the time the petition is filed shall be filed by an authorized representative, qualified organization, or a person described in subparagraph (A). (ii) No requirement for qualified organizations to have contact with, or knowledge of, victim \nA qualified organization may submit a notification to a provider or file a petition on behalf of a victim without regard to whether the qualified organization has contact with the victim or knows the identity, location, or contact information of the victim.", "id": "idE758FB10DC2E4779A1EADB18FB787C06", "header": "Conduct of proceedings of the Board", "nested": [], "links": [] }, { "text": "(g) Procedures To contest a failure To remove a proscribed visual depiction relating to a child or a notification reporting a proscribed visual depiction relating to a child \n(1) Procedure to contest a failure to remove \n(A) Complainant petition \nA complainant may file a petition to the Board claiming that, as applicable— (i) the complainant submitted a complete notification to a provider concerning a proscribed visual depiction relating to a child, and that— (I) the provider— (aa) did not remove the proscribed visual depiction relating to a child within the timeframe required under subsection (c)(1)(A)(i); or (bb) incorrectly claimed that— (AA) the visual depiction at issue could not be located or removed through reasonable means; (BB) the notification was incomplete; or (CC) the notification was duplicative under subsection (c)(2)(C)(i); and (II) did not file a timely petition to contest the notification with the Board under paragraph (2); or (ii) a provider is hosting a proscribed visual depiction relating to a child, does not have a designated reporting system, and the complainant was unable to serve a notification on the provider under this subsection despite reasonable efforts. (B) Additional claim \nAs applicable, a petition filed under subparagraph (A) may also claim that the proscribed visual depiction relating to a child at issue in the petition involves recidivist hosting. (C) Timeframe \n(i) In general \nA petition under this paragraph shall be considered timely if it is filed within 30 days of the applicable start date, as defined under clause (ii). (ii) Applicable start date \nFor purposes of clause (i), the term applicable start date means— (I) in the case of a petition under subparagraph (A)(i) claiming that the visual depiction was not removed or that the provider made an incorrect claim relating to the visual depiction or notification, the day that the provider's option to file a petition has expired under paragraph (2)(B); and (II) in the case of a petition under subparagraph (A)(ii) related to a notification that could not be served, the last day of the 2-week period that begins on the day on which the complainant first attempted to serve a notification on the provider involved. (D) Identification of victim \nAny petition filed to the Board by the victim or an authorized representative of the victim shall include the victim’s legal name. A petition filed to the Board by a qualified organization may, but is not required to, include the victim's legal name. Any petition containing the victim’s legal name shall be filed under seal. The victim’s legal name shall be redacted from any documents served on the provider and interested owner or made publicly available. (E) Failure to remove visual depictions in timely manner \nA complainant may file a petition under subparagraph (A)(i) claiming that a visual depiction was not removed even if the visual depiction was removed prior to the petition being filed, so long as the petition claims that the visual depiction was not removed within the timeframe specified in subsection (c)(1). (2) Procedure to contest a notification \n(A) Provider petition \nIf a provider receives a complete notification as described in subsection (c)(2) through its designated reporting system or in accordance with subsection (c)(2)(F)(i), the provider may file a petition to the Board claiming that the provider has a good faith belief that, as applicable— (i) the visual depiction that is the subject of the notification does not constitute a proscribed visual depiction relating to a child; (ii) the notification is frivolous or was submitted with an intent to harass the provider or any person; (iii) the alleged proscribed visual depiction relating to a child cannot reasonably be located by the provider; (iv) for reasons beyond the control of the provider, the provider cannot remove the proscribed visual depiction relating to a child using reasonable means; or (v) the notification was duplicative under subsection (c)(2)(C)(i). (B) Timeframe \n(i) In general \nSubject to clauses (ii) and (iii), a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 14 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (ii) No designated reporting system \nSubject to clause (iii), if a provider does not have a designated reporting system, a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 7 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (iii) Small providers \nIn the case of a small provider, each of the timeframes applicable under clauses (i) and (ii) shall be increased by 48 hours. (C) Temporary removal of alleged proscribed visual depiction relating to a child \n(i) In general \nIf a provider files a petition to the Board contesting a notification solely on the basis of the reason described in subparagraph (A)(i), the provider shall disable public and user access to the alleged proscribed visual depiction relating to a child that is the subject of the notification prior to the submission of the petition and during the pendency of the adjudication, including judicial review as provided in subsection (g)(28). Such petition shall include a statement, under the penalty of perjury, that public and user access to the alleged proscribed visual depiction relating to a child has been disabled. (ii) Effect of failure to remove \n(I) In general \nIf a provider fails to comply with clause (i), the Board may— (aa) dismiss the petition with prejudice; and (bb) refer the matter to the Attorney General. (II) Effect of dismissal \nIf a provider’s petition is dismissed under clause (I)(aa), the complainant may bring a petition under paragraph (1) as if the provider did not file a petition within the timeframe specified in subparagraph (B). (iii) Effect on timing \nThe Board shall prioritize the issuance of a determination concerning any petition subject to this subparagraph to the extent possible without causing undue prejudice to any party or interested owner. (3) Commencement of proceeding \n(A) In general \nIn order to commence a proceeding under this section, a petitioning party shall, subject to such additional requirements as may be prescribed in regulations established by the Commission, file a petition with the Board, that includes a statement of claims and material facts in support of each claim in the petition. A petition may set forth more than one claim. A petition shall also include information establishing that it has been filed within the applicable timeframe. (B) Review of petitions by Child Online Protection Attorneys \nChild Online Protection Attorneys may review petitions to assess whether they are complete. The Board may permit a petitioning party to refile a defective petition. The Attorney may assist the petitioning party in making any corrections. (C) Dismissal \nThe Board may dismiss, with or without prejudice, any petition that fails to comply with subparagraph (A). (4) Service of process requirements for petitions \n(A) In general \nFor purposes of petitions under paragraphs (1) and (2), the petitioning party shall, at or before the time of filing a petition, serve a copy on the other party. A corporation, partnership, or unincorporated association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a copy of the petition to its service agent, if one has been so designated. (B) Manner of Service \n(i) Service by nondigital means \nService by nondigital means may be any of the following: (I) Personal, including delivery to a responsible person at the office of counsel. (II) By priority mail. (III) By third-party commercial carrier for delivery within 3 days. (ii) Service by digital means \nService of a paper may be made by sending it by any digital means, including through a provider's designated reporting system. (iii) When service is completed \nService by mail or by commercial carrier is complete 3 days after the mailing or delivery to the carrier. Service by digital means is complete on filing or sending, unless the party making service is notified that the paper was not received by the party served. (C) Proof of service \nA petition filed under paragraph (1) or (2) shall contain— (i) an acknowledgment of service by the person served; (ii) proof of service consisting of a statement by the person who made service certifying— (I) the date and manner of service; (II) the names of the persons served; and (III) their mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service; or (iii) a statement indicating that service could not reasonably be completed. (D) Attorneys fees and costs \nExcept as otherwise provided in this subsection, all parties to a petition shall bear their own attorney fees and costs. (5) Service of other documents \nDocuments submitted or relied upon in a proceeding, other than the petition, shall be served in accordance with regulations established by the Commission. (6) Notification of right to opt out \nIn order to effectuate service on a responding party, the petition shall notify the responding party of their right to opt out of the proceeding before the Board, and the consequences of opting out and not opting out, including a prominent statement that by not opting out the respondent— (A) loses the opportunity to have the dispute decided by a court created under article III of the Constitution of the United States; and (B) waives the right to a jury trial regarding the dispute. (7) Opt-out procedure \nWithin 1 week of completion of service of the petition under paragraph (4), 1 or more Officers of the Board shall hold a conference to explain that the responding party has a right to opt out of the proceeding before the Board, and describe the consequences of opting out and not opting out as described in paragraph (6). A responding party shall have a period of 30 days, beginning on the date of conference, in which to provide written notice of such choice to the petitioning party and the Child Online Protection Board. If the responding party does not submit an opt-out notice to the Child Online Protection Board within that 30-day period, the proceeding shall be deemed an active proceeding and the responding party shall be bound by the determination in the proceeding. If the responding party opts out of the proceeding during that 30-day period, the proceeding shall be dismissed without prejudice. (8) Scheduling \nUpon receipt of a complete petition and at the conclusion of the opt out procedure described in paragraph (7), the Board shall issue a schedule for the future conduct of the proceeding. A schedule issued by the Board may be amended by the Board in the interests of justice. (9) Conferences \nOne or more Officers of the Board may hold a conference to address case management or discovery issues in a proceeding, which shall be noted upon the record of the proceeding and may be recorded or transcribed. (10) Party submissions \nA proceeding of the Board may not include any formal motion practice, except that, subject to applicable regulations and procedures of the Board— (A) the parties to the proceeding and an interested owner may make requests to the Board to address case management and discovery matters, and submit responses thereto; and (B) the Board may request or permit parties and interested owners to make submissions addressing relevant questions of fact or law, or other matters, including matters raised sua sponte by the Officers of the Board, and offer responses thereto. (11) Discovery \n(A) In general \nDiscovery in a proceeding shall be limited to the production of relevant information and documents, written interrogatories, and written requests for admission, as provided in regulations established by the Commission, except that— (i) upon the request of a party, and for good cause shown, the Board may approve additional relevant discovery, on a limited basis, in particular matters, and may request specific information and documents from parties in the proceeding, consistent with the interests of justice; (ii) upon the request of a party or interested owner, and for good cause shown, the Board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information; (iii) after providing notice and an opportunity to respond, and upon good cause shown, the Board may apply an adverse inference with respect to disputed facts against a party or interested owner who has failed to timely provide discovery materials in response to a proper request for materials that could be relevant to such facts; and (iv) an interested owner shall only produce or receive discovery to the extent it relates to whether the visual depiction at issue constitutes a proscribed visual depiction relating to a child. (B) Privacy \nAny alleged proscribed visual depiction relating to a child received by the Board or the Commission as part of a proceeding shall be filed under seal and shall remain in the care, custody, and control of the Board or the Commission. For purposes of discovery, the Board or Commission shall make the proscribed visual depiction relating to a child reasonably available to the parties and interested owner but shall not provide copies. The privacy protections described in section 3509(d) of title 18, United States Code, shall apply to the Board, Commission, provider, complainant, and interested owner. (12) Responses \nThe responding party may refute any of the claims or factual assertions made by the petitioning party, and may also claim that the petition was not filed in the applicable timeframe or is barred under subsection (h). If a complainant is the petitioning party, a provider may claim in response that the notification was incomplete and could not be made complete under subsection (c)(2)(D)(i). The petitioning party may refute any responses submitted by the responding party. (13) Interested owner \nAn individual notified under paragraph (19)(C)(ii) may, within 14 days of being so notified, file a motion to join the proceeding for the limited purpose of claiming that the visual depiction at issue does not constitute a proscribed visual depiction relating to a child. The Board shall serve the motion on both parties. Such motion shall include a factual basis and a signed statement, submitted under penalty of perjury, indicating that the individual produced or created the visual depiction at issue. The Board shall dismiss any motion that does not include the signed statement or that was submitted by an individual who did not produce or create the visual depiction at issue. If the motion is granted, the interested owner may also claim that the notification and petition were filed with an intent to harass the interested owner. Any party may refute the claims and factual assertions made by the interested owner. (14) Evidence \nThe Board may consider the following types of evidence in a proceeding, and such evidence may be admitted without application of formal rules of evidence: (A) Documentary and other nontestimonial evidence that is relevant to the petitions or responses in the proceeding. (B) Testimonial evidence, submitted under penalty of perjury in written form or in accordance with paragraph (15), limited to statements of the parties and nonexpert witnesses, that is relevant to the petitions or responses in a proceeding, except that, in exceptional cases, expert witness testimony or other types of testimony may be permitted by the Board for good cause shown. (15) Hearings \nUnless waived by all parties, the Board shall conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding, including oral testimony, subject to the following: (A) Any such hearing shall be attended by not fewer than two of the Officers of the Board. (B) The hearing shall be noted upon the record of the proceeding and, subject to subparagraph (C), may be recorded or transcribed as deemed necessary by the Board. (C) A recording or transcript of the hearing shall be made available to any Officer of the Board who is not in attendance. (16) Voluntary dismissal \n(A) By petitioning party \nUpon the written request of a petitioning party, the Board shall dismiss the petition, with or without prejudice. (B) By responding party or interested owner \nUpon written request of a responding party or interested owner, the Board shall dismiss any responses to the petition, and shall consider all claims and factual assertions in the petition to be true. (17) Factual findings \nSubject to paragraph (11)(A)(iii), the Board shall make factual findings based upon a preponderance of the evidence. (18) Determinations \n(A) Nature and contents \nA determination rendered by the Board in a proceeding shall— (i) be reached by a majority of the Board; (ii) be in writing, and include an explanation of the factual and legal basis of the determination; and (iii) include a clear statement of all fines, costs, and other relief awarded. (B) Dissent \nAn Officer of the Board who dissents from a decision contained in a determination under subparagraph (A) may append a statement setting forth the grounds for that dissent. (19) Publication and disclosure \n(A) Publication \nEach final determination of the Board shall be made available on a publicly accessible website, except that the final determination shall be redacted to protect confidential information that is the subject of a protective order under paragraph (11)(A)(ii) or information protected pursuant to paragraph (11)(B) and any other information protected from public disclosure under the Federal Trade Commission Act or any other applicable provision of law. (B) Freedom of information act \nAll information relating to proceedings of the Board under this section is exempt from disclosure to the public under section 552(b)(3) of title 5, except for determinations, records, and information published under subparagraph (A). Any information that is disclosed under this subparagraph shall have redacted any information that is the subject of a protective order under paragraph (11)(A)(ii) or protected pursuant to paragraph (11)(B). (C) Effect of petition on non-disclosure period \n(i) Submission of a petition extends the non-disclosure period under subsection (c)(2)(I) for the pendency of the proceeding. The provider may submit an objection to the Board that nondisclosure is contrary to the interests of justice. The complainant may, but is not required to, respond to the objection. The Board should sustain the objection unless there is reason to believe that the circumstances in section 3486(a)(6)(B) of title 18, United States Code, exist and outweigh the interests of justice. (ii) If the Board sustains an objection to the nondisclosure period, the provider or the Board may notify the apparent owner of the visual depiction in question about the proceeding, and include instructions on how the owner may move to join the proceeding under paragraph (13). (iii) If applicable, the nondisclosure period expires 120 after the Board’s determination becomes final, except it shall expire immediately upon the Board's determination becoming final if the Board finds that the visual depiction is not a proscribed visual depiction relating to a minor. (iv) The interested owner of a visual depiction may not bring any legal action against any party related to the proscribed visual depiction relating to a child until the Board’s determination is final. Once the determination is final, the owner of the visual depiction may pursue any legal relief available under the law, subject to subsections (h), (k), and (l). (20) Responding party’s default \nIf the Board finds that service of the petition on the responding party could not reasonably be completed, or the responding party has failed to appear or has ceased participating in a proceeding, as demonstrated by the responding party’s failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may enter a default determination, including the dismissal of any responses asserted by the responding party, as follows and in accordance with such other requirements as the Commission may establish by regulation: (A) The Board shall require the petitioning party to submit relevant evidence and other information in support of the petitioning party’s claims and, upon review of such evidence and any other requested submissions from the petitioning party, shall determine whether the materials so submitted are sufficient to support a finding in favor of the petitioning party under applicable law and, if so, the appropriate relief and damages, if any, to be awarded. (B) If the Board makes an affirmative determination under subparagraph (A), the Board shall prepare a proposed default determination, and shall provide written notice to the responding party at all addresses, including email addresses, reflected in the records of the proceeding before the Board, of the pendency of a default determination by the Board and of the legal significance of such determination. Such notice shall be accompanied by the proposed default determination and shall provide that the responding party has a period of 30 days, beginning on the date of the notice, to submit any evidence or other information in opposition to the proposed default determination. (C) If the responding party responds to the notice provided under subparagraph (B) within the 30-day period provided in such subparagraph, the Board shall consider responding party’s submissions and, after allowing the petitioning party to address such submissions, maintain, or amend its proposed determination as appropriate, and the resulting determination shall not be a default determination. (D) If the respondent fails to respond to the notice provided under subparagraph (B), the Board shall proceed to issue the default determination. Thereafter, the respondent may only challenge such determination to the extent permitted under paragraph (28). (21) Petitioning party or interested owner’s failure to proceed \nIf a petitioning party or interested owner who has joined the proceeding fails to proceed, as demonstrated by the failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may, upon providing written notice to the petitioning party or interested owner and a period of 30 days, beginning on the date of the notice, to respond to the notice, and after considering any such response, issue a determination dismissing the claims made by the petitioning party or interested owner. The Board may order the petitioning party to pay attorneys’ fees and costs under paragraph (26)(B), if appropriate. Thereafter, the petitioning party may only challenge such determination to the extent permitted under paragraph (28). (22) Request for reconsideration \nA party or interested owner may, within 30 days after the date on which the Board issues a determination under paragraph (18), submit to the Board a written request for reconsideration of, or an amendment to, such determination if the party or interested owner identifies a clear error of law or fact material to the outcome, or a technical mistake. After providing the other parties an opportunity to address such request, the Board shall either deny the request or issue an amended determination. (23) Review by Commission \nIf the Board denies a party or interested owner a request for reconsideration of a determination under paragraph (22), the party or interested owner may, within 30 days after the date of such denial, request review of the determination by the Commission in accordance with regulations established by the Commission. After providing the other party or interested owner an opportunity to address the request, the Commission shall either deny the request for review, or remand the proceeding to the Board for reconsideration of issues specified in the remand and for issuance of an amended determination. Such amended determination shall not be subject to further consideration or review, other than under paragraph (28). (24) Favorable ruling on complainant petition \n(A) In general \nIf the Board grants a complainant’s petition filed under this section, notwithstanding any other law, the Board shall— (i) order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction; (ii) impose a fine of $50,000 per proscribed visual depiction relating to a child covered by the determination, but if the Board finds that— (I) the provider removed the proscribed visual depiction relating to a child after the period set forth in subsection (c)(1)(A)(i), but before the complainant filed a petition, such fine shall be $25,000; (II) the provider has engaged in recidivist hosting for the first time with respect to the proscribed visual depiction relating to a child in question, such fine shall be $100,000 per proscribed visual depiction relating to a child; or (III) the provider has engaged in recidivist hosting of the proscribed visual depiction relating to a child in question 2 or more times, such fine shall be $200,000 per proscribed visual depiction relating to a child; (iii) order the provider to pay reasonable costs to the complainant; and (iv) refer any matters involving intentional or willful conduct by a provider with respect to a proscribed visual depiction relating to a child, or recidivist hosting, to the Attorney General for prosecution under any applicable laws. (B) Provider payment of fine and costs \nNotwithstanding any other law, the Board shall direct a provider to promptly pay fines and costs imposed under subparagraph (A) as follows: (i) If the petition was filed by a victim, such fine and costs shall be paid to the victim. (ii) If the petition was filed by an authorized representative of a victim— (I) 30 percent of such fine shall be paid to the authorized representative and 70 percent of such fine paid to the victim; and (II) costs shall be paid to the authorized representative. (iii) If the petition was filed by a qualified organization— (I) the fine shall be paid to the Child Pornography Victims Reserve as provided in section 2259B of title 18, United States Code; and (II) costs shall be paid to the qualified organization. (25) Effect of denial of provider petition \n(A) In general \nIf the Board denies a provider’s petition to contest a notification filed under paragraph (2), it shall order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction. (B) Referral for failure to remove material \nIf a provider does not remove and, if applicable, permanently delete a proscribed visual depiction relating to a child within 48 hours of the Board issuing a determination under subparagraph (A), or not later than 2 business days of the Board issuing a determination under subparagraph (A) concerning a small provider, the Board shall refer the matter to the Attorney General for prosecution under any applicable laws. (C) Costs for frivolous petition \nIf the Board finds that a provider filed a petition under paragraph (2) for a harassing or improper purpose or without reasonable basis in law or fact, the Board shall order the provider to pay the reasonable costs of the complainant. (26) Effect of denial of complainant's petition or favorable ruling on provider's petition \n(A) Restoration \nIf the Board grants a provider’s petition filed under paragraph (2) or if the Board denies a petition filed by the complainant under paragraph (1), the provider may restore access to any visual depiction that was at issue in the proceeding. (B) Costs for incomplete or frivolous notification and harassment \nIf, in granting or denying a petition as described in subparagraph (A), the Board finds that the notification contested in the petition could not be made complete under subsection (c)(2)(D), is frivolous, or is duplicative under subsection (c)(2)(C)(i), the Board may order the complainant to pay costs to the provider and any interested owner, which shall not exceed a total of $10,000, or, if the Board finds that the complainant filed the notification with an intent to harass the provider or any person, a total of $15,000. (27) Civil action; other relief \n(A) In general \nWhenever any provider or complainant fails to comply with a final determination of the Board issued under paragraph (18), the Department of Justice may commence a civil action in a district court of the United States to enforce compliance with such determination. (B) Savings clause \nNothing in this section shall be construed to limit the authority of the Commission or Department of Justice under any other provision of law. (28) Challenges to the determination \n(A) Bases for challenge \nNot later than 45 days after the date on which the Board issues a determination or amended determination in a proceeding, or not later than 45 days after the date on which the Board completes any process of reconsideration or the Commission completes a review of the determination, whichever occurs later, a party may seek an order from a district court, located where the provider or complainant conducts business or resides, vacating, modifying, or correcting the determination of the Board in the following cases: (i) If the determination was issued as a result of fraud, corruption, misrepresentation, or other misconduct. (ii) If the Board exceeded its authority or failed to render a determination concerning the subject matter at issue. (iii) In the case of a default determination or determination based on a failure to prosecute, if it is established that the default or failure was due to excusable neglect. (B) Procedure to challenge \n(i) Notice of application \nNotice of the application to challenge a determination of the Board shall be provided to all parties to the proceeding before the Board, in accordance with the procedures applicable to service of a motion in the court where the application is made. (ii) Staying of proceedings \nFor purposes of an application under this paragraph, any judge who is authorized to issue an order to stay the proceedings in an any other action brought in the same court may issue an order, to be served with the notice of application, staying proceedings to enforce the award while the challenge is pending. (29) Final determination \nA determination of the Board shall be final on the date that all opportunities for a party or interested owner to seek reconsideration or review of a determination under paragraph (22) or (23), or for a party to challenge the determination under paragraph (28), have expired or are exhausted.", "id": "idb016beeba6ad4e52a56c8b6093c5bdb4", "header": "Procedures To contest a failure To remove a proscribed visual depiction relating to a child or a notification reporting a proscribed visual depiction relating to a child", "nested": [], "links": [] }, { "text": "(h) Effect of proceeding \n(1) Subsequent proceedings \nThe issuance of a final determination by the Board shall preclude the filing by any party of any subsequent petition that is based on the notification at issue in the final determination. This paragraph shall not limit the ability of any party to file a subsequent petition based on any other notification. (2) Determination \nExcept as provided in paragraph (1), the issuance of a final determination by the Board, including a default determination or determination based on a failure to prosecute, shall not preclude relitigation of any factual matter in any subsequent legal action or proceeding before any court, tribunal, or the Board, and any determination of the Board may not be cited or relied upon as legal precedent in any such legal action or proceeding except that— (A) no party or interested owner may relitigate any allegation, factual claim, or response that was properly asserted and considered by the Board in any subsequent proceeding before the Board involving the same parties or interested owner and the same proscribed visual depiction relating to a minor; and (B) a finding by the Board that a visual depiction constitutes a proscribed visual depiction relating to a child may not be relitigated in any civil proceeding brought by an interested owner. (3) Other materials in proceeding \nA submission or statement of a party, interested owner, or witness made in connection with a proceeding before the Board, including a proceeding that is dismissed, may not serve as the basis of any action or proceeding before any court or tribunal except for any legal action related to perjury or for conduct described in subsection (k)(2). A statement of a party, interested owner, or witness may be received as evidence, in accordance with applicable rules, in any subsequent legal action or proceeding before any court, tribunal, or the Board. (4) Failure to assert response \nExcept as provided in paragraph (1), the failure or inability to assert any allegation, factual claim, or response in a proceeding before the Board shall not preclude the assertion of that response in any subsequent legal action or proceeding before any court, tribunal, or the Board.", "id": "idcc6750bcb7ee4fffb72996bf95ee9513", "header": "Effect of proceeding", "nested": [], "links": [] }, { "text": "(i) Administration \nThe Commission may issue regulations in accordance with section 553 of title 5, United States Code, to implement this section.", "id": "ida40a554640624dc496ee0cef11152d27", "header": "Administration", "nested": [], "links": [] }, { "text": "(j) Study \n(1) In general \nNot later than 3 years after the date on which Child Online Protection Board issues the first determination under this section, the Commission shall conduct, and report to Congress on, a study that addresses the following: (A) The use and efficacy of the Child Online Protection Board in expediting the removal of proscribed visual depictions relating to children and resolving disputes concerning said visual depictions, including the number of proceedings the Child Online Protection Board could reasonably administer with current allocated resources. (B) Whether adjustments to the authority of the Child Online Protection Board are necessary or advisable, including with respect to permissible claims, responses, fines, costs, and joinder by interested parties; (C) Whether the Child Online Protection Board should be permitted to expire, be extended, or be expanded. (D) Such other matters as the Commission believes may be pertinent concerning the Child Online Protection Board. (2) Consultation \nIn conducting the study and completing the report required under paragraph (1), the Commission shall, to the extent feasible, consult with complainants, victims, and providers to include their views on the matters addressed in the study and report.", "id": "id424d39681b4c49baaac032839912fda7", "header": "Study", "nested": [], "links": [] }, { "text": "(k) Limited liability \n(1) In general \nExcept as provided in paragraph (2), a civil claim or criminal charge against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4), for distributing, receiving, accessing, or possessing a proscribed visual depiction relating to a child for the sole and exclusive purpose of complying with the requirements of this section, or for the sole and exclusive purpose of seeking or providing legal advice in order to comply with this section, may not be brought in any Federal or State court. (2) Intentional, reckless, or other misconduct \nParagraph (1) shall not apply to a claim against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4)— (A) for any conduct unrelated to compliance with the requirements of this section; (B) if the Board, provider, complainant, interested owner, or representative under subsection (f)(4) (as applicable)— (i) engaged in intentional misconduct; or (ii) acted, or failed to act— (I) with actual malice; or (II) with reckless disregard to a substantial risk of causing physical injury without legal justification; or (C) in the case of a claim against a complainant, if the complainant falsely claims to be a victim, an authorized representative of a victim, or a qualified organization. (3) Minimizing access \nThe Board, a provider, a complainant, an interested owner, or a representative under subsection (f)(4) shall— (A) minimize the number of individuals that are provided access to any alleged, contested, or actual proscribed visual depictions relating to a child under this section; (B) ensure that any alleged, contested, or actual proscribed visual depictions relating to a child are transmitted and stored in a secure manner and are not distributed to or accessed by any individual other than as needed to implement this section; and (C) ensure that all copies of any proscribed visual depictions relating to a child are permanently deleted upon a request from the Board, Commission, or the Federal Bureau of Investigation.", "id": "id626E48B77E524B69AF15DBC7E1A60915", "header": "Limited liability", "nested": [], "links": [] }, { "text": "(l) Provider immunity from claims based on removal of visual depiction \nA provider shall not be liable to any person for any claim based on the provider’s good faith removal of any alleged proscribed visual depiction relating to a child pursuant to a notification under this section, regardless of whether the visual depiction is found to be a proscribed visual depiction relating to a child by the Board.", "id": "id81635DFA596F441D964CC03655DCDBDF", "header": "Provider immunity from claims based on removal of visual depiction", "nested": [], "links": [] }, { "text": "(m) Continued applicability of Federal, State, and Tribal law \n(1) In general \nThis Act shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law. (2) No preemption \nNothing in this Act shall prohibit a State or Tribal government from adopting and enforcing a provision of law governing child sex abuse material that is at least as protective of the rights of a victim as this section.", "id": "id6D3C25A8BB1F426397A72C4A4612EA43", "header": "Continued applicability of Federal, State, and Tribal law", "nested": [], "links": [] }, { "text": "(n) Discovery \nNothing in this Act affects discovery, a subpoena or any other court order, or any other judicial process otherwise in accordance with Federal or State law.", "id": "id8790f821d9d64a00b19eb7ed68480b82", "header": "Discovery", "nested": [], "links": [] }, { "text": "(o) Rule of construction \nNothing in this section shall be construed to relieve a provider from any obligation imposed on the provider under section 2258A of title 18, United States Code.", "id": "idc549de361f6a4554b8b268663b398c3e", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(p) Funding \nThere are authorized to be appropriated such sums as may be necessary to pay the costs incurred by the Commission under this section, including the costs of establishing and maintaining the Board and its facilities.", "id": "idecd4dd46e3814a3e9cd52343218f5fd3", "header": "Funding", "nested": [], "links": [] }, { "text": "(q) Sunset \nExcept for subsections (a), (h), (k), (l), (m), (n), (o), and (r), this section shall expire 5 years after the date on which the Child Online Protection Board issues its first determination under this section.", "id": "ida71c4d1c574c49099988b091febf5168", "header": "Sunset", "nested": [], "links": [] }, { "text": "(r) Definitions \nIn this section: (1) Board \nThe term Board means the Child Online Protection Board established under subsection (e). (2) Child sexual abuse material \nThe term child sexual abuse material has the meaning provided in section 2256(8) of title 18, United States Code. (3) Commission \nThe term Commission means the Federal Trade Commission. (4) Complainant \nThe term complainant means— (A) the victim appearing in the proscribed visual depiction relating to a child; (B) an authorized representative of the victim appearing in the proscribed visual depiction relating to a child; or (C) a qualified organization. (5) Designated reporting system \nThe term designated reporting system means a digital means of submitting a notification to a provider under this subsection that is publicly and prominently available, easily accessible, and easy to use. (6) Host \nThe term host means to store or make a visual depiction available or accessible to the public or any users through digital means or on a system or network controlled or operated by or for a provider. (7) Identifiable person \nThe term identifiable person means a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. (8) Interested owner \nThe term interested owner means an individual who has joined a proceeding before the Board under subsection (g)(13). (9) Party \nThe term party means the complainant or provider. (10) Proscribed visual depiction relating to a child \nThe term proscribed visual depiction relating to a child means child sexual abuse material or a related exploitative visual depiction. (11) Provider \nThe term provider means a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), and for purposes of subsections (k) and (l), includes any director, officer, employee, or agent of such provider. (12) Qualified organization \nThe term qualified organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of that Code that works to address child sexual abuse material and to support victims of child sexual abuse material. (13) Recidivist hosting \nThe term recidivist hosting means, with respect to a provider, that the provider removes a proscribed visual depiction relating to a child pursuant to a notification or determination under this subsection, and then subsequently hosts a visual depiction that has the same hash value or other technical identifier as the visual depiction that had been so removed. (14) Related exploitive visual depiction \nThe term related exploitive visual depiction means a visual depiction of an identifiable person of any age where the visual depiction does not constitute child sexual abuse material but is published and associated with child sexual abuse material depicting that person. (15) Small provider \nThe term small provider means a provider that, for the most recent calendar year, averaged less than 10,000,000 active users on a monthly basis in the United States. (16) Victim \n(A) In general \nThe term victim means an individual of any age who is depicted in child sexual abuse material while under 18 years of age. (B) Assumption of rights \nIn the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, may assume the victim's rights to submit a notification or file a petition under this section, but in no event shall an individual who produced or conspired to produce the child sexual abuse material depicting the victim be named as such representative or guardian. (17) Visual depiction \nThe term visual depiction has the meaning provided in section 2256(5) of title 18, United States Code.", "id": "idBE6E58A6A55A4509A748752F9BAD82FC", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] } ], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "8. Severability \nIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.", "id": "idC022486E57914F91B74CC06B8EB2AF68", "header": "Severability", "nested": [], "links": [] }, { "text": "1. Short title \nThis Act may be cited as the Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2023 or the STOP CSAM Act of 2023.", "id": "id28c95e98-4a66-4d1b-ad2c-4a799d30da8c", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Protecting child victims and witnesses in Federal court \n(a) In general \nSection 3509 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)(A), by striking or exploitation and inserting exploitation, or kidnapping, including international parental kidnapping ; (B) in paragraph (3), by striking physical or mental injury and inserting physical injury, psychological abuse ; (C) by striking paragraph (5) and inserting the following: (5) the term psychological abuse includes— (A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and (B) the infliction of trauma on a child through— (i) isolation; (ii) the withholding of food or other necessities in order to control behavior; (iii) physical restraint; or (iv) the confinement of the child without the child's consent and in degrading conditions; ; (D) in paragraph (6), by striking child prostitution and inserting child sex trafficking ; (E) by striking paragraph (7) and inserting the following: (7) the term multidisciplinary child abuse team means a professional unit of individuals working together to investigate child abuse and provide assistance and support to a victim of child abuse, composed of representatives from— (A) health, social service, and legal service agencies that represent the child; (B) law enforcement agencies and prosecutorial offices; and (C) children's advocacy centers; ; (F) in paragraph (9)(D)— (i) by striking genitals and inserting anus, genitals, ; and (ii) by striking or animal ; (G) in paragraph (11), by striking and at the end; (H) in paragraph (12)— (i) by striking the term child abuse does not and inserting the terms physical injury and psychological abuse do not ; and (ii) by striking the period and inserting a semicolon; and (I) by adding at the end the following: (13) the term covered person means a person of any age who— (A) is or is alleged to be— (i) a victim of a crime of physical abuse, sexual abuse, exploitation, or kidnapping, including international parental kidnapping; or (ii) a witness to a crime committed against another person; and (B) was under the age of 18 when the crime described in subparagraph (A) was committed; and (14) the term protected information , with respect to a covered person, includes— (A) personally identifiable information of the covered person, including— (i) the name of the covered person; (ii) an address; (iii) a phone number; (iv) a user name or identifying information for an online, social media, or email account; and (v) any information that can be used to distinguish or trace the identity of the covered person, either alone or when combined with other information that is linked or linkable to the covered person; (B) medical, dental, behavioral, psychiatric, or psychological information of the covered person; (C) educational or juvenile justice records of the covered person; and (D) any other information concerning the covered person that is deemed protected information by order of the court under subsection (d)(5). ; (2) in subsection (b)— (A) in paragraph (1)(C), by striking minor and inserting child ; and (B) in paragraph (2)— (i) in the heading, by striking Videotaped and inserting Recorded ; (ii) in subparagraph (A), by striking that the deposition be recorded and preserved on videotape and inserting that a video recording of the deposition be made and preserved ; (iii) in subparagraph (B)— (I) in clause (ii), by striking that the child's deposition be taken and preserved by videotape and inserting that a video recording of the child's deposition be made and preserved ; (II) in clause (iii)— (aa) in the matter preceding subclause (I), by striking videotape and inserting recorded ; and (bb) in subclause (IV), by striking videotape and inserting recording ; and (III) in clause (v)— (aa) in the heading, by striking videotape and inserting video recording ; (bb) in the first sentence, by striking made and preserved on video tape and inserting recorded and preserved ; and (cc) in the second sentence, by striking videotape and inserting video recording ; (iv) in subparagraph (C), by striking child's videotaped and inserting video recording of the child's ; (v) in subparagraph (D)— (I) by striking videotaping and inserting deposition ; and (II) by striking videotaped and inserting recorded ; (vi) in subparagraph (E), by striking videotaped and inserting recorded ; and (vii) in subparagraph (F), by striking videotape each place the term appears and inserting video recording ; (3) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (i), by striking the name of or any other information concerning a child and inserting a covered person's protected information ; and (ii) in clause (ii)— (I) by striking documents described in clause (i) or the information in them that concerns a child and inserting a covered person’s protected information ; and (II) by striking , have reason to know such information and inserting (including witnesses or potential witnesses), have reason to know each item of protected information to be disclosed ; (B) in paragraph (2)— (i) by striking the name of or any other information concerning a child each place the term appears and inserting a covered person’s protected information ; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (iii) by striking All papers and inserting the following: (A) In general \nAll papers ; and (iv) by adding at the end the following: (B) Enforcement of violations \nThe court may address a violation of subparagraph (A) in the same manner as disobedience or resistance to a lawful court order under section 401(3). ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) by striking a child from public disclosure of the name of or any other information concerning the child and inserting a covered person's protected information from public disclosure ; and (II) by striking , if the court determines that there is a significant possibility that such disclosure would be detrimental to the child ; (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking a child witness, and the testimony of any other witness and inserting any witness ; and (bb) by striking the name of or any other information concerning a child and inserting a covered person's protected information ; and (II) in clause (ii), by striking child and inserting covered person ; and (iii) by adding at the end the following: (C) (i) For purposes of this paragraph, there shall be a presumption that public disclosure of a covered person’s protected information would be detrimental to the covered person. (ii) The court shall deny a motion for a protective order under subparagraph (A) only if the court finds that the party opposing the motion has rebutted the presumption under clause (i) of this subparagraph. ; (D) in paragraph (4)— (i) by striking This subsection and inserting the following: (A) Disclosure to certain parties \nThis subsection ; (ii) in subparagraph (A), as so designated— (I) by striking the name of or other information concerning a child and inserting a covered person's protected information ; and (II) by striking or an adult attendant, or to and inserting an adult attendant, a law enforcement agency for any intelligence or investigative purpose, or ; and (iii) by adding at the end the following: (B) Request for public disclosure \nIf any party requests public disclosure of a covered person’s protected information to further a public interest, the court shall deny the request unless the court finds that— (i) the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person’s protected information; (ii) there is a substantial probability that the public interest would be harmed if the covered person’s protected information is not disclosed; (iii) the substantial probability of harm to the public interest outweighs the harm to the covered person from public disclosure of the covered person’s protected information; and (iv) there is no alternative to public disclosure of the covered person’s protected information that would adequately protect the public interest. ; and (E) by adding at the end the following: (5) Other protected information \nThe court may order that information shall be considered to be protected information for purposes of this subsection if the court finds that the information is sufficiently personal, sensitive, or identifying that it should be subject to the protections and presumptions under this subsection. ; (4) by striking subsection (f) and inserting the following: (f) Victim impact statement \n(1) Probation officer \nIn preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team, if applicable, or other appropriate sources to determine the impact of the offense on a child victim and any other children who may have been affected by the offense. (2) Guardian ad litem \nA guardian ad litem appointed under subsection (h) shall— (A) make every effort to obtain and report information that accurately expresses the views of a child victim, and the views of family members as appropriate, concerning the impact of the offense; and (B) use forms that permit a child victim to express the child's views concerning the personal consequences of the offense, at a level and in a form of communication commensurate with the child's age and ability. ; (5) in subsection (h), by adding at the end the following: (4) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the United States courts to carry out this subsection $25,000,000 for each fiscal year. (B) Supervision of payments \nPayments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts. ; (6) in subsection (i)— (A) by striking A child testifying at or attending a judicial proceeding and inserting the following: (1) In general \nA child testifying at a judicial proceeding, including in a manner described in subsection (b), ; (B) in paragraph (1), as so designated— (i) in the third sentence, by striking proceeding and inserting testimony ; and (ii) by striking the fifth sentence; and (C) by adding at the end the following: (2) Recording \nIf the adult attendant is in close physical proximity to or in contact with the child while the child testifies— (A) at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or (B) in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition. (3) Covered persons attending proceeding \nA covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding. ; (7) in subsection (j)— (A) by striking child each place the term appears and inserting covered person ; and (B) in the fourth sentence— (i) by striking and the potential and inserting , the potential ; (ii) by striking child's and inserting covered person's ; and (iii) by inserting before the period at the end the following: , and the necessity of the continuance to protect the defendant's rights ; (8) in subsection (k), by striking child each place the term appears and inserting covered person ; and (9) in subsection (l), by striking child each place the term appears and inserting covered person. (b) Effective date \nThe amendments made by this section shall apply to conduct that occurs before, on, or after the date of enactment of this Act.", "id": "ideb0fcac0-b55b-4f5c-940e-d0bb5167eadd", "header": "Protecting child victims and witnesses in Federal court", "nested": [ { "text": "(a) In general \nSection 3509 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)(A), by striking or exploitation and inserting exploitation, or kidnapping, including international parental kidnapping ; (B) in paragraph (3), by striking physical or mental injury and inserting physical injury, psychological abuse ; (C) by striking paragraph (5) and inserting the following: (5) the term psychological abuse includes— (A) a pattern of acts, threats of acts, or coercive tactics intended to degrade, humiliate, intimidate, or terrorize a child; and (B) the infliction of trauma on a child through— (i) isolation; (ii) the withholding of food or other necessities in order to control behavior; (iii) physical restraint; or (iv) the confinement of the child without the child's consent and in degrading conditions; ; (D) in paragraph (6), by striking child prostitution and inserting child sex trafficking ; (E) by striking paragraph (7) and inserting the following: (7) the term multidisciplinary child abuse team means a professional unit of individuals working together to investigate child abuse and provide assistance and support to a victim of child abuse, composed of representatives from— (A) health, social service, and legal service agencies that represent the child; (B) law enforcement agencies and prosecutorial offices; and (C) children's advocacy centers; ; (F) in paragraph (9)(D)— (i) by striking genitals and inserting anus, genitals, ; and (ii) by striking or animal ; (G) in paragraph (11), by striking and at the end; (H) in paragraph (12)— (i) by striking the term child abuse does not and inserting the terms physical injury and psychological abuse do not ; and (ii) by striking the period and inserting a semicolon; and (I) by adding at the end the following: (13) the term covered person means a person of any age who— (A) is or is alleged to be— (i) a victim of a crime of physical abuse, sexual abuse, exploitation, or kidnapping, including international parental kidnapping; or (ii) a witness to a crime committed against another person; and (B) was under the age of 18 when the crime described in subparagraph (A) was committed; and (14) the term protected information , with respect to a covered person, includes— (A) personally identifiable information of the covered person, including— (i) the name of the covered person; (ii) an address; (iii) a phone number; (iv) a user name or identifying information for an online, social media, or email account; and (v) any information that can be used to distinguish or trace the identity of the covered person, either alone or when combined with other information that is linked or linkable to the covered person; (B) medical, dental, behavioral, psychiatric, or psychological information of the covered person; (C) educational or juvenile justice records of the covered person; and (D) any other information concerning the covered person that is deemed protected information by order of the court under subsection (d)(5). ; (2) in subsection (b)— (A) in paragraph (1)(C), by striking minor and inserting child ; and (B) in paragraph (2)— (i) in the heading, by striking Videotaped and inserting Recorded ; (ii) in subparagraph (A), by striking that the deposition be recorded and preserved on videotape and inserting that a video recording of the deposition be made and preserved ; (iii) in subparagraph (B)— (I) in clause (ii), by striking that the child's deposition be taken and preserved by videotape and inserting that a video recording of the child's deposition be made and preserved ; (II) in clause (iii)— (aa) in the matter preceding subclause (I), by striking videotape and inserting recorded ; and (bb) in subclause (IV), by striking videotape and inserting recording ; and (III) in clause (v)— (aa) in the heading, by striking videotape and inserting video recording ; (bb) in the first sentence, by striking made and preserved on video tape and inserting recorded and preserved ; and (cc) in the second sentence, by striking videotape and inserting video recording ; (iv) in subparagraph (C), by striking child's videotaped and inserting video recording of the child's ; (v) in subparagraph (D)— (I) by striking videotaping and inserting deposition ; and (II) by striking videotaped and inserting recorded ; (vi) in subparagraph (E), by striking videotaped and inserting recorded ; and (vii) in subparagraph (F), by striking videotape each place the term appears and inserting video recording ; (3) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (i), by striking the name of or any other information concerning a child and inserting a covered person's protected information ; and (ii) in clause (ii)— (I) by striking documents described in clause (i) or the information in them that concerns a child and inserting a covered person’s protected information ; and (II) by striking , have reason to know such information and inserting (including witnesses or potential witnesses), have reason to know each item of protected information to be disclosed ; (B) in paragraph (2)— (i) by striking the name of or any other information concerning a child each place the term appears and inserting a covered person’s protected information ; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (iii) by striking All papers and inserting the following: (A) In general \nAll papers ; and (iv) by adding at the end the following: (B) Enforcement of violations \nThe court may address a violation of subparagraph (A) in the same manner as disobedience or resistance to a lawful court order under section 401(3). ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) by striking a child from public disclosure of the name of or any other information concerning the child and inserting a covered person's protected information from public disclosure ; and (II) by striking , if the court determines that there is a significant possibility that such disclosure would be detrimental to the child ; (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking a child witness, and the testimony of any other witness and inserting any witness ; and (bb) by striking the name of or any other information concerning a child and inserting a covered person's protected information ; and (II) in clause (ii), by striking child and inserting covered person ; and (iii) by adding at the end the following: (C) (i) For purposes of this paragraph, there shall be a presumption that public disclosure of a covered person’s protected information would be detrimental to the covered person. (ii) The court shall deny a motion for a protective order under subparagraph (A) only if the court finds that the party opposing the motion has rebutted the presumption under clause (i) of this subparagraph. ; (D) in paragraph (4)— (i) by striking This subsection and inserting the following: (A) Disclosure to certain parties \nThis subsection ; (ii) in subparagraph (A), as so designated— (I) by striking the name of or other information concerning a child and inserting a covered person's protected information ; and (II) by striking or an adult attendant, or to and inserting an adult attendant, a law enforcement agency for any intelligence or investigative purpose, or ; and (iii) by adding at the end the following: (B) Request for public disclosure \nIf any party requests public disclosure of a covered person’s protected information to further a public interest, the court shall deny the request unless the court finds that— (i) the party seeking disclosure has established that there is a compelling public interest in publicly disclosing the covered person’s protected information; (ii) there is a substantial probability that the public interest would be harmed if the covered person’s protected information is not disclosed; (iii) the substantial probability of harm to the public interest outweighs the harm to the covered person from public disclosure of the covered person’s protected information; and (iv) there is no alternative to public disclosure of the covered person’s protected information that would adequately protect the public interest. ; and (E) by adding at the end the following: (5) Other protected information \nThe court may order that information shall be considered to be protected information for purposes of this subsection if the court finds that the information is sufficiently personal, sensitive, or identifying that it should be subject to the protections and presumptions under this subsection. ; (4) by striking subsection (f) and inserting the following: (f) Victim impact statement \n(1) Probation officer \nIn preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team, if applicable, or other appropriate sources to determine the impact of the offense on a child victim and any other children who may have been affected by the offense. (2) Guardian ad litem \nA guardian ad litem appointed under subsection (h) shall— (A) make every effort to obtain and report information that accurately expresses the views of a child victim, and the views of family members as appropriate, concerning the impact of the offense; and (B) use forms that permit a child victim to express the child's views concerning the personal consequences of the offense, at a level and in a form of communication commensurate with the child's age and ability. ; (5) in subsection (h), by adding at the end the following: (4) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the United States courts to carry out this subsection $25,000,000 for each fiscal year. (B) Supervision of payments \nPayments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts. ; (6) in subsection (i)— (A) by striking A child testifying at or attending a judicial proceeding and inserting the following: (1) In general \nA child testifying at a judicial proceeding, including in a manner described in subsection (b), ; (B) in paragraph (1), as so designated— (i) in the third sentence, by striking proceeding and inserting testimony ; and (ii) by striking the fifth sentence; and (C) by adding at the end the following: (2) Recording \nIf the adult attendant is in close physical proximity to or in contact with the child while the child testifies— (A) at a judicial proceeding, a video recording of the adult attendant shall be made and shall become part of the court record; or (B) in a manner described in subsection (b), the adult attendant shall be visible on the closed-circuit television or in the recorded deposition. (3) Covered persons attending proceeding \nA covered person shall have the right to be accompanied by an adult attendant when attending any judicial proceeding. ; (7) in subsection (j)— (A) by striking child each place the term appears and inserting covered person ; and (B) in the fourth sentence— (i) by striking and the potential and inserting , the potential ; (ii) by striking child's and inserting covered person's ; and (iii) by inserting before the period at the end the following: , and the necessity of the continuance to protect the defendant's rights ; (8) in subsection (k), by striking child each place the term appears and inserting covered person ; and (9) in subsection (l), by striking child each place the term appears and inserting covered person.", "id": "idc1d10c7a-8366-4462-ba8a-47f65223a921", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to conduct that occurs before, on, or after the date of enactment of this Act.", "id": "idcb579361-7fa7-4449-97dc-3072edf0c7bc", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Facilitating payment of restitution; technical amendments to restitution statutes \nTitle 18, United States Code, is amended— (1) in section 1593(c)— (A) by inserting (1) after (c) ; (B) by striking chapter, including, in and inserting the following: chapter. (2) In ; and (C) in paragraph (2), as so designated, by inserting may assume the rights of the victim under this section after suitable by the court ; (2) in section 2248(c)— (A) by striking For purposes and inserting the following: (1) In general \nFor purposes ; (B) by striking chapter, including, in and inserting the following: chapter. (2) Assumption of crime victim's rights \nIn ; and (C) in paragraph (2), as so designated, by inserting may assume the rights of the victim under this section after suitable by the court ; (3) in section 2259— (A) in subsection (b)— (i) in paragraph (1), by striking Directions.—Except as provided in paragraph (2), the and inserting Restitution for child pornography production.—If the defendant was convicted of child pornography production, the ; and (ii) in paragraph (2)(B), by striking $3,000. and inserting the following: “— (i) $3,000; or (ii) 10 percent of the full amount of the victim’s losses, if the full amount of the victim's losses is less than $3,000. ; and (B) in subsection (c)— (i) by striking paragraph (1) and inserting the following: (1) Child pornography production \nFor purposes of this section and section 2259A, the term child pornography production means— (A) a violation of subsection (a), (b), or (c) of section 2251, or an attempt or conspiracy to violate any of those subsections under subsection (e) of that section; (B) a violation of section 2251A; (C) a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography— (i) produced by the defendant; or (ii) that the defendant attempted or conspired to produce; (D) a violation of section 2252A(g) if the series of felony violations involves not fewer than 1 violation— (i) described in subparagraph (A), (B), (E), or (F) of this paragraph; (ii) of section 1591; or (iii) of section 1201, chapter 109A, or chapter 117, if the victim is a minor; (E) a violation of subsection (a) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(1) of that section; (F) a violation of section 2260B(a)(2) for promoting or facilitating an offense— (i) described in subparagraph (A), (B), (D), or (E) of this paragraph; or (ii) under section 2422(b); and (G) a violation of chapter 109A or chapter 117, if the offense involves the production or attempted production of, or conspiracy to produce, child pornography. ; and (ii) by striking paragraph (3) and inserting the following: (3) Trafficking in child pornography \nFor purposes of this section and section 2259A, the term trafficking in child pornography means— (A) a violation of subsection (d) of section 2251 or an attempt or conspiracy to violate that subsection under subsection (e) of that section; (B) a violation of paragraph (1), (2), or (3) of subsection (a) of section 2252, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section; (C) a violation of section 2252(a)(4) or 2252A(a)(5), or an attempt or conspiracy to violate either of those sections under section 2252(b)(2) or 2252A(b)(2), to the extent such conduct involves child pornography— (i) not produced by the defendant; or (ii) that the defendant did not attempt or conspire to produce; (D) a violation of paragraph (1), (2), (3), (4), or (6) of subsection (a) of section 2252A, or an attempt or conspiracy to violate any of those paragraphs under subsection (b)(1) of that section; (E) a violation of subsection (a)(7) of section 2252A, or an attempt or conspiracy to violate that subsection under subsection (b)(3) of that section; (F) a violation of section 2252A(g) if the series of felony violations exclusively involves violations described in this paragraph; (G) a violation of subsection (b) of section 2260, or an attempt or conspiracy to violate that subsection under subsection (c)(2) of that section; and (H) a violation of subsection (a)(1) of section 2260B, or a violation of subsection (a)(2) of that section for promoting or facilitating an offense described in this paragraph. ; (4) in section 2259A(a)— (A) in paragraph (1), by striking under section 2252(a)(4) or 2252A(a)(5) and inserting described in section 2259(c)(3)(C) ; and (B) in paragraph (2), by striking any other offense for trafficking in child pornography and inserting any offense for trafficking in child pornography other than an offense described in section 2259(c)(3)(C) ; (5) in section 2429— (A) in subsection (b)(3), by striking 2259(b)(3) and inserting 2259(c)(2) ; and (B) in subsection (d)— (i) by inserting (1) after (d) ; (ii) by striking chapter, including, in and inserting the following: chapter. (2) In ; and (iii) in paragraph (2), as so designated, by inserting may assume the rights of the victim under this section after suitable by the court ; and (6) in section 3664, by adding at the end the following: (q) Trustee or other fiduciary \n(1) In general \n(A) Appointment of trustee or other fiduciary \nWhen the court issues an order of restitution under section 1593, 2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of section 3663A(c)(1), for a victim described in subparagraph (B) of this paragraph, the court, at its own discretion or upon motion by the Government, may appoint a trustee or other fiduciary to hold any amount paid for restitution in a trust or other official account for the benefit of the victim. (B) Covered victims \nA victim referred to in subparagraph (A) is a victim who is— (i) under the age of 18 at the time of the proceeding; (ii) incompetent or incapacitated; or (iii) subject to paragraph (3), a foreign citizen or stateless person residing outside the United States. (2) Order \nWhen the court appoints a trustee or other fiduciary under paragraph (1), the court shall issue an order specifying— (A) the duties of the trustee or other fiduciary, which shall require— (i) the administration of the trust or maintaining an official account in the best interests of the victim; and (ii) disbursing payments from the trust or account— (I) to the victim; or (II) to any individual or entity on behalf of the victim; (B) that the trustee or other fiduciary— (i) shall avoid any conflict of interest; (ii) may not profit from the administration of the trust or maintaining an official account for the benefit of the victim other than as specified in the order; and (iii) may not delegate administration of the trust or maintaining the official account to any other person; (C) if and when the trust or the duties of the other fiduciary will expire; and (D) the fees payable to the trustee or other fiduciary to cover expenses of administering the trust or maintaining the official account for the benefit of the victim, and the schedule for payment of those fees. (3) Fact-finding regarding foreign citizens and stateless person \nIn the case of a victim who is a foreign citizen or stateless person residing outside the United States and is not under the age of 18 at the time of the proceeding or incompetent or incapacitated, the court may appoint a trustee or other fiduciary under paragraph (1) only if the court finds it necessary to— (A) protect the safety or security of the victim; or (B) provide a reliable means for the victim to access or benefit from the restitution payments. (4) Payment of fees \n(A) In general \nThe court may, with respect to the fees of the trustee or other fiduciary— (i) pay the fees in whole or in part; or (ii) order the defendant to pay the fees in whole or in part. (B) Applicability of other provisions \nWith respect to a court order under subparagraph (A)(ii) requiring a defendant to pay fees— (i) subsection (f)(3) shall apply to the court order in the same manner as that subsection applies to a restitution order; (ii) subchapter C of chapter 227 (other than section 3571) shall apply to the court order in the same manner as that subchapter applies to a sentence of a fine; and (iii) subchapter B of chapter 229 shall apply to the court order in the same manner as that subchapter applies to the implementation of a sentence of a fine. (C) Effect on other penalties \nImposition of payment under subparagraph (A)(ii) shall not relieve a defendant of, or entitle a defendant to a reduction in the amount of, any special assessment, restitution, other fines, penalties, or costs, or other payments required under the defendant's sentence. (D) Schedule \nNotwithstanding any other provision of law, if the court orders the defendant to make any payment under subparagraph (A)(ii), the court may provide a payment schedule that is concurrent with the payment of any other financial obligation described in subparagraph (C). (5) Authorization of appropriations \n(A) In general \nThere is authorized to be appropriated to the United States courts to carry out this subsection $15,000,000 for each fiscal year. (B) Supervision of payments \nPayments from appropriations authorized under subparagraph (A) shall be made under the supervision of the Director of the Administrative Office of the United States Courts..", "id": "id5e4b3909-5a24-449e-a915-9844686329f9", "header": "Facilitating payment of restitution; technical amendments to restitution statutes", "nested": [], "links": [] }, { "text": "4. Cybertipline improvements, and accountability and transparency by the tech industry \n(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A— (A) by striking subsections (a), (b), and (c) and inserting the following: (a) Duty To report \n(1) Duty \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2) or any apparent child pornography on the provider’s service, and in any event not later than 60 days after obtaining such knowledge, a provider shall submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report containing— (A) the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and (B) information described in subsection (b) concerning such facts or circumstances or apparent child pornography. (2) Facts or circumstances \nThe facts or circumstances described in this paragraph are any facts or circumstances indicating an apparent, planned, or imminent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260. (3) Permitted actions based on reasonable belief \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, if a provider has a reasonable belief that any facts or circumstances described in paragraph (2) exist, the provider may submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report described in paragraph (1). (b) Contents of report \n(1) In general \nIn an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, each report provided under paragraph (1) or (3) of subsection (a)— (A) shall include, to the extent that it is applicable and reasonably available— (i) identifying information regarding any individual who is the subject of the report, including name, address, electronic mail address, user or account identification, Internet Protocol address, and uniform resource locator; (ii) the terms of service in effect at the time of— (I) the apparent violation; or (II) the detection of apparent child pornography or a planned or imminent violation; (iii) a copy of any apparent child pornography that is the subject of the report that was identified in a publicly available location; (iv) for each item of apparent child pornography included in the report under clause (iii) or paragraph (2)(C), information indicating whether— (I) the apparent child pornography was publicly available; or (II) the provider, in its sole discretion, viewed the apparent child pornography, or any copy thereof, at any point concurrent with or prior to the submission of the report; and (v) for each item of apparent child pornography that is the subject of the report, an indication as to whether the apparent child pornography— (I) has previously been the subject of a report under paragraph (1) or (3) of subsection (a); or (II) is the subject of multiple contemporaneous reports due to rapid and widespread distribution; and (B) may, at the sole discretion of the provider, include the information described in paragraph (2) of this subsection. (2) Other information \nThe information referred to in paragraph (1)(B) is the following: (A) Historical reference \nInformation relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider, including a date and time stamp and time zone. (B) Geographic location information \nInformation relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider. (C) Apparent child pornography \nAny apparent child pornography not described in paragraph (1)(A)(iii), or other content related to the subject of the report. (D) Complete communication \nThe complete communication containing any apparent child pornography or other content, including— (i) any data or information regarding the transmission of the communication; and (ii) any visual depictions, data, or other digital files contained in, or attached to, the communication. (E) Technical identifier \nAn industry-standard hash value or other similar industry-standard technical identifier for any reported visual depiction as it existed on the provider’s service. (F) Description \nFor any item of apparent child pornography that is the subject of the report, an indication of whether— (i) the depicted sexually explicit conduct involves— (I) genital, oral, or anal sexual intercourse; (II) bestiality; (III) masturbation; (IV) sadistic or masochistic abuse; or (V) lascivious exhibition of the anus, genitals, or pubic area of any person; and (ii) the depicted minor is— (I) an infant or toddler; (II) prepubescent; (III) pubescent; (IV) post-pubescent; or (V) of an indeterminate age or developmental stage. ; (c) Forwarding of report and other information to law enforcement \n(1) In general \nPursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report submitted under paragraph (1) or (3) of subsection (a) to one or more of the following law enforcement agencies: (A) Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (B) Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation. (C) A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (2) Technical identifiers \nIf a report submitted under paragraph (1) or (3) of subsection (a) contains an industry-standard hash value or other similar industry-standard technical identifier— (A) NCMEC may compare that hash value or identifier with any database or repository of visual depictions owned or operated by NCMEC; and (B) if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1). ; (B) in subsection (d)— (i) in paragraph (2), by striking subsection (c)(1) and inserting subsection (c)(1)(A) ; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; and (II) in subparagraph (C), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; (C) by striking subsection (e) and inserting the following: (e) Failure to comply with requirements \n(1) Criminal penalty \n(A) Offense \nIt shall be unlawful for a provider to knowingly— (i) fail to submit a report under subsection (a)(1) within the time period required by that subsection; or (ii) fail to preserve material as required under subsection (h). (B) Penalty \n(i) In general \nA provider that violates subparagraph (A) shall be fined— (I) in the case of an initial violation, not more than $150,000; and (II) in the case of any second or subsequent violation, not more than $300,000. (ii) Harm to individuals \nThe maximum fine under clause (i) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (2) Civil penalty \n(A) Violations relating to CyberTipline reports and material preservation \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $50,000 and not more than $100,000 if the provider knowingly— (i) fails to submit a report under subsection (a)(1) within the time period required by that subsection; (ii) fails to preserve material as required under subsection (h); or (iii) submits a report under paragraph (1) or (3) of subsection (a) that— (I) contains materially false or fraudulent information; or (II) omits information described in subsection (b)(1)(A) that is reasonably available. (B) Annual report violations \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $100,000 and not more than $1,000,000 if the provider knowingly— (i) fails to submit an annual report as required under subsection (i); or (ii) submits an annual report under subsection (i) that— (I) contains a materially false, fraudulent, or misleading statement; or (II) omits information described in subsection (i)(1) that is reasonably available. (C) Harm to individuals \nThe amount of a civil penalty under subparagraph (A) or (B) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (D) Costs of civil actions \nA provider that commits a violation described in subparagraph (A) or (B) shall be liable to the United States Government for the costs of a civil action brought to recover a civil penalty under that subparagraph. (E) Enforcement \nThis paragraph shall be enforced in accordance with sections 3731, 3732, and 3733 of title 31, except that a civil action to recover a civil penalty under subparagraph (A) or (B) of this paragraph may only be brought by the United States Government. (3) Deposit of fines and penalties \nNotwithstanding any other provision of law, any criminal fine or civil penalty collected under this subsection shall be deposited into the Child Pornography Victims Reserve as provided in section 2259B. ; (D) in subsection (f), by striking paragraph (3) and inserting the following: (3) affirmatively search, screen, or scan for— (A) facts or circumstances described in subsection (a)(2); (B) information described in subsection (b)(2); or (C) any apparent child pornography. ; (E) in subsection (g)— (i) in paragraph (2)(A)— (I) in clause (iii), by inserting or personnel at a children's advocacy center after State) ; and (II) in clause (iv), by striking State or subdivision of a State and inserting State, subdivision of a State, or children's advocacy center ; (ii) in paragraph (3), in the matter preceding subparagraph (A), by inserting paragraph (1) or (3) of before subsection (a) ; and (iii) in paragraph (4), by striking subsection (a)(1) and inserting paragraph (1) or (3) of subsection (a) ; (F) in subsection (h)— (i) in paragraph (1), by striking subsection (a)(1) and inserting paragraph (1) or (3) of subsection (a) ; and (ii) by adding at the end the following: (5) Relation to reporting requirement \nSubmission of a report as described in paragraph (1) or (3) of subsection (a) does not satisfy the obligations under this subsection. ; and (G) by adding at the end the following: (i) Annual report \n(1) In general \nNot later than March 31 of the second year beginning after the date of enactment of the STOP CSAM Act of 2023 , and of each year thereafter, a provider that had more than 1,000,000 unique monthly visitors or users during each month of the preceding year and accrued revenue of more than $50,000,000 during the preceding year shall submit to the Attorney General and the Chair of the Federal Trade Commission a report, disaggregated by subsidiary, that provides the following information for the preceding year to the extent such information is applicable and reasonably available: (A) Cybertipline data \n(i) The total number of reports that the provider submitted under paragraph (1) or (3) of subsection (a). (ii) Which items of information described in subsection (b)(2) are routinely included in the reports submitted by the provider under paragraph (1) or (3) of subsection (a). (B) Report and remove data \nWith respect to section 6 of the STOP CSAM Act of 2023 — (i) a description of the provider’s designated reporting system; (ii) the number of complete notifications received; (iii) the number of proscribed visual depictions involving a minor that were removed; and (iv) the total amount of any fine ordered and paid. (C) Other reporting to the provider \n(i) The measures the provider has in place to receive other reports concerning child sexual exploitation and abuse using the provider's product or on the provider's service. (ii) The average time for responding to reports described in clause (i). (iii) The number of reports described in clause (i) that the provider received. (iv) A summary description of the actions taken upon receipt of the reports described in clause (i). (D) Policies \n(i) A description of the policies of the provider with respect to the commission of child sexual exploitation and abuse using the provider's product or on the provider's service, including how child sexual exploitation and abuse is defined. (ii) A description of possible consequences for violations of the policies described in clause (i). (iii) The methods of informing users of the policies described in clause (i). (iv) The process for adjudicating potential violations of the policies described in clause (i). (E) Culture of safety \n(i) The measures and technologies that the provider deploys to protect children from sexual exploitation and abuse using the provider’s product or service. (ii) The measures and technologies that the provider deploys to prevent the use of the provider’s product or service by individuals seeking to commit child sexual exploitation and abuse. (iii) Factors that interfere with the provider’s ability to detect or evaluate instances of child sexual exploitation and abuse. (iv) An assessment of the efficacy of the measures and technologies described in clauses (i) and (ii) and the impact of the factors described in clause (iii). (F) Safety by design \nThe measures that the provider takes before launching a new product or service to assess— (i) the safety risks for children with respect to sexual exploitation and abuse; and (ii) whether and how individuals could use the new product or service to commit child sexual exploitation and abuse. (G) Trends and patterns \nAny information concerning emerging trends and changing patterns with respect to the commission of online child sexual exploitation and abuse. (2) Avoiding duplication \nNotwithstanding the requirement under the matter preceding paragraph (1) that information be submitted annually, in the case of any report submitted under that paragraph after the initial report, a provider shall submit information described in subparagraphs (D) through (G) of that paragraph not less frequently than once every 3 years or when new information is available, whichever is more frequent. (3) Limitation \nNothing in paragraph (1) shall require the disclosure of trade secrets or other proprietary information. (4) Publication \n(A) In general \nSubject to subparagraph (B), the Attorney General and the Chair of the Federal Trade Commission shall publish the reports received under this subsection. (B) Redaction \n(i) In general \nThe Attorney General and Chair of the Federal Trade Commission shall redact from a report published under subparagraph (A) any information as necessary to avoid— (I) undermining the efficacy of a safety measure described in the report; or (II) revealing how a product or service of a provider may be used to commit online child sexual exploitation and abuse. (ii) Additional redaction \n(I) Request \nIn addition to information redacted under clause (i), a provider may request the redaction, from a report published under subparagraph (A), of any information that is law enforcement sensitive or otherwise not suitable for public distribution. (II) Agency discretion \nThe Attorney General and Chair of the Federal Trade Commission— (aa) shall consider a request made under subclause (I); and (bb) may, in their discretion, redact from a report published under subparagraph (A) any information that is law enforcement sensitive or otherwise not suitable for public distribution, whether or not requested. ; (2) in section 2258B— (A) in subsection (a)— (i) by striking may not be brought in any Federal or State court ; and (ii) by striking Except as provided in subsection (b), a civil claim or criminal charge and inserting the following: (1) Limited liability \nExcept as provided in subsection (b), a civil claim or criminal charge described in paragraph (2) may not be brought in any Federal or State court. (2) Covered claims and charges \nA civil claim or criminal charge referred to in paragraph (1) is a civil claim or criminal charge ; and (B) in subsection (b)(1), by inserting or knowingly failed to comply with a requirement under section 2258A after misconduct ; (3) in section 2258C— (A) in subsection (a)(1), by inserting use of the provider's products or services to commit after stop the ; (B) in subsection (b)— (i) by striking Any provider and inserting the following: (1) In general \nAny provider ; (ii) in paragraph (1), as so designated, by striking receives and inserting , in its sole discretion, obtains ; and (iii) by adding at the end the following: (2) Limitation on sharing with other entities \nA provider that obtains elements under subsection (a)(1) may not distribute those elements, or make those elements available, to any other entity, except for the sole and exclusive purpose of stopping the online sexual exploitation of children. ; and (C) in subsection (c)— (i) by striking subsections and inserting subsection ; (ii) by striking providers receiving and inserting a provider to obtain ; (iii) by inserting , or after NCMEC ; and (iv) by inserting use of the provider's products or services to commit after stop the ; (4) in section 2258E— (A) in paragraph (6), by striking electronic communication service provider and inserting electronic communication service ; (B) in paragraph (7), by striking and at the end; (C) in paragraph (8), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (9) the term publicly available , with respect to a visual depiction on a provider's service, means the visual depiction can be viewed by or is accessible to all users of the service, regardless of the steps, if any, a user must take to create an account or to gain access to the service in order to access or view the visual depiction. ; (5) in section 2259B(a), by inserting , any fine or penalty collected under section 2258A(e) or subparagraph (A) of section 6(g)(24) of the STOP CSAM Act of 2023 (except as provided in clauses (i) and (ii)(I) of subparagraph (B) of such section 6(g)(24)), after 2259A ; and (6) by adding at the end the following: 2260B. Liability for certain child exploitation offenses \n(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b). (b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000. (c) Rules of construction \n(1) Applicability to legal process \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement. (2) Knowledge with respect to each item required \nFor purposes of subsection (a)(1), the term knowingly shall be construed to mean knowledge of each item of child pornography that the provider hosted, stored, or made available. (d) Defense \nIn a prosecution under subsection (a)(1), it shall be a defense, which the provider must establish by a preponderance of the evidence, that— (1) the provider disabled access to or removed the child pornography as soon as possible, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, as soon as possible, and in any event not later than 2 business days after obtaining such knowledge); or (2) the provider— (A) exercised its best effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider’s control; and (B) determined it is technologically impossible for the provider to disable access to or remove the child pornography.. (b) Clerical amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by adding at the end the following: 2260B. Liability for certain child exploitation offenses..", "id": "id1cef2500-8f42-471e-adc5-729ddd9b91d0", "header": "Cybertipline improvements, and accountability and transparency by the tech industry", "nested": [ { "text": "(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A— (A) by striking subsections (a), (b), and (c) and inserting the following: (a) Duty To report \n(1) Duty \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2) or any apparent child pornography on the provider’s service, and in any event not later than 60 days after obtaining such knowledge, a provider shall submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report containing— (A) the mailing address, telephone number, facsimile number, electronic mailing address of, and individual point of contact for, such provider; and (B) information described in subsection (b) concerning such facts or circumstances or apparent child pornography. (2) Facts or circumstances \nThe facts or circumstances described in this paragraph are any facts or circumstances indicating an apparent, planned, or imminent violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260. (3) Permitted actions based on reasonable belief \nIn order to reduce the proliferation of online child exploitation and to prevent the online sexual exploitation of children, if a provider has a reasonable belief that any facts or circumstances described in paragraph (2) exist, the provider may submit to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, a report described in paragraph (1). (b) Contents of report \n(1) In general \nIn an effort to prevent the future sexual victimization of children, and to the extent the information is within the custody or control of a provider, each report provided under paragraph (1) or (3) of subsection (a)— (A) shall include, to the extent that it is applicable and reasonably available— (i) identifying information regarding any individual who is the subject of the report, including name, address, electronic mail address, user or account identification, Internet Protocol address, and uniform resource locator; (ii) the terms of service in effect at the time of— (I) the apparent violation; or (II) the detection of apparent child pornography or a planned or imminent violation; (iii) a copy of any apparent child pornography that is the subject of the report that was identified in a publicly available location; (iv) for each item of apparent child pornography included in the report under clause (iii) or paragraph (2)(C), information indicating whether— (I) the apparent child pornography was publicly available; or (II) the provider, in its sole discretion, viewed the apparent child pornography, or any copy thereof, at any point concurrent with or prior to the submission of the report; and (v) for each item of apparent child pornography that is the subject of the report, an indication as to whether the apparent child pornography— (I) has previously been the subject of a report under paragraph (1) or (3) of subsection (a); or (II) is the subject of multiple contemporaneous reports due to rapid and widespread distribution; and (B) may, at the sole discretion of the provider, include the information described in paragraph (2) of this subsection. (2) Other information \nThe information referred to in paragraph (1)(B) is the following: (A) Historical reference \nInformation relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to, or discovered by the provider, including a date and time stamp and time zone. (B) Geographic location information \nInformation relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or zip code, provided by the customer or subscriber, or stored or obtained by the provider. (C) Apparent child pornography \nAny apparent child pornography not described in paragraph (1)(A)(iii), or other content related to the subject of the report. (D) Complete communication \nThe complete communication containing any apparent child pornography or other content, including— (i) any data or information regarding the transmission of the communication; and (ii) any visual depictions, data, or other digital files contained in, or attached to, the communication. (E) Technical identifier \nAn industry-standard hash value or other similar industry-standard technical identifier for any reported visual depiction as it existed on the provider’s service. (F) Description \nFor any item of apparent child pornography that is the subject of the report, an indication of whether— (i) the depicted sexually explicit conduct involves— (I) genital, oral, or anal sexual intercourse; (II) bestiality; (III) masturbation; (IV) sadistic or masochistic abuse; or (V) lascivious exhibition of the anus, genitals, or pubic area of any person; and (ii) the depicted minor is— (I) an infant or toddler; (II) prepubescent; (III) pubescent; (IV) post-pubescent; or (V) of an indeterminate age or developmental stage. ; (c) Forwarding of report and other information to law enforcement \n(1) In general \nPursuant to its clearinghouse role as a private, nonprofit organization, and at the conclusion of its review in furtherance of its nonprofit mission, NCMEC shall make available each report submitted under paragraph (1) or (3) of subsection (a) to one or more of the following law enforcement agencies: (A) Any Federal law enforcement agency that is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (B) Any State or local law enforcement agency that is involved in the investigation of child sexual exploitation. (C) A foreign law enforcement agency designated by the Attorney General under subsection (d)(3) or a foreign law enforcement agency that has an established relationship with the Federal Bureau of Investigation, Immigration and Customs Enforcement, or INTERPOL, and is involved in the investigation of child sexual exploitation, kidnapping, or enticement crimes. (2) Technical identifiers \nIf a report submitted under paragraph (1) or (3) of subsection (a) contains an industry-standard hash value or other similar industry-standard technical identifier— (A) NCMEC may compare that hash value or identifier with any database or repository of visual depictions owned or operated by NCMEC; and (B) if the comparison under subparagraph (A) results in a match, NCMEC may include the matching visual depiction from its database or repository when forwarding the report to an agency described in subparagraph (A) or (B) of paragraph (1). ; (B) in subsection (d)— (i) in paragraph (2), by striking subsection (c)(1) and inserting subsection (c)(1)(A) ; and (ii) in paragraph (3)— (I) in subparagraph (A), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; and (II) in subparagraph (C), by striking subsection (c)(3) and inserting subsection (c)(1)(C) ; (C) by striking subsection (e) and inserting the following: (e) Failure to comply with requirements \n(1) Criminal penalty \n(A) Offense \nIt shall be unlawful for a provider to knowingly— (i) fail to submit a report under subsection (a)(1) within the time period required by that subsection; or (ii) fail to preserve material as required under subsection (h). (B) Penalty \n(i) In general \nA provider that violates subparagraph (A) shall be fined— (I) in the case of an initial violation, not more than $150,000; and (II) in the case of any second or subsequent violation, not more than $300,000. (ii) Harm to individuals \nThe maximum fine under clause (i) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (2) Civil penalty \n(A) Violations relating to CyberTipline reports and material preservation \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $50,000 and not more than $100,000 if the provider knowingly— (i) fails to submit a report under subsection (a)(1) within the time period required by that subsection; (ii) fails to preserve material as required under subsection (h); or (iii) submits a report under paragraph (1) or (3) of subsection (a) that— (I) contains materially false or fraudulent information; or (II) omits information described in subsection (b)(1)(A) that is reasonably available. (B) Annual report violations \nA provider shall be liable to the United States Government for a civil penalty in an amount of not less than $100,000 and not more than $1,000,000 if the provider knowingly— (i) fails to submit an annual report as required under subsection (i); or (ii) submits an annual report under subsection (i) that— (I) contains a materially false, fraudulent, or misleading statement; or (II) omits information described in subsection (i)(1) that is reasonably available. (C) Harm to individuals \nThe amount of a civil penalty under subparagraph (A) or (B) shall be tripled if an individual is harmed as a direct and proximate result of the applicable violation. (D) Costs of civil actions \nA provider that commits a violation described in subparagraph (A) or (B) shall be liable to the United States Government for the costs of a civil action brought to recover a civil penalty under that subparagraph. (E) Enforcement \nThis paragraph shall be enforced in accordance with sections 3731, 3732, and 3733 of title 31, except that a civil action to recover a civil penalty under subparagraph (A) or (B) of this paragraph may only be brought by the United States Government. (3) Deposit of fines and penalties \nNotwithstanding any other provision of law, any criminal fine or civil penalty collected under this subsection shall be deposited into the Child Pornography Victims Reserve as provided in section 2259B. ; (D) in subsection (f), by striking paragraph (3) and inserting the following: (3) affirmatively search, screen, or scan for— (A) facts or circumstances described in subsection (a)(2); (B) information described in subsection (b)(2); or (C) any apparent child pornography. ; (E) in subsection (g)— (i) in paragraph (2)(A)— (I) in clause (iii), by inserting or personnel at a children's advocacy center after State) ; and (II) in clause (iv), by striking State or subdivision of a State and inserting State, subdivision of a State, or children's advocacy center ; (ii) in paragraph (3), in the matter preceding subparagraph (A), by inserting paragraph (1) or (3) of before subsection (a) ; and (iii) in paragraph (4), by striking subsection (a)(1) and inserting paragraph (1) or (3) of subsection (a) ; (F) in subsection (h)— (i) in paragraph (1), by striking subsection (a)(1) and inserting paragraph (1) or (3) of subsection (a) ; and (ii) by adding at the end the following: (5) Relation to reporting requirement \nSubmission of a report as described in paragraph (1) or (3) of subsection (a) does not satisfy the obligations under this subsection. ; and (G) by adding at the end the following: (i) Annual report \n(1) In general \nNot later than March 31 of the second year beginning after the date of enactment of the STOP CSAM Act of 2023 , and of each year thereafter, a provider that had more than 1,000,000 unique monthly visitors or users during each month of the preceding year and accrued revenue of more than $50,000,000 during the preceding year shall submit to the Attorney General and the Chair of the Federal Trade Commission a report, disaggregated by subsidiary, that provides the following information for the preceding year to the extent such information is applicable and reasonably available: (A) Cybertipline data \n(i) The total number of reports that the provider submitted under paragraph (1) or (3) of subsection (a). (ii) Which items of information described in subsection (b)(2) are routinely included in the reports submitted by the provider under paragraph (1) or (3) of subsection (a). (B) Report and remove data \nWith respect to section 6 of the STOP CSAM Act of 2023 — (i) a description of the provider’s designated reporting system; (ii) the number of complete notifications received; (iii) the number of proscribed visual depictions involving a minor that were removed; and (iv) the total amount of any fine ordered and paid. (C) Other reporting to the provider \n(i) The measures the provider has in place to receive other reports concerning child sexual exploitation and abuse using the provider's product or on the provider's service. (ii) The average time for responding to reports described in clause (i). (iii) The number of reports described in clause (i) that the provider received. (iv) A summary description of the actions taken upon receipt of the reports described in clause (i). (D) Policies \n(i) A description of the policies of the provider with respect to the commission of child sexual exploitation and abuse using the provider's product or on the provider's service, including how child sexual exploitation and abuse is defined. (ii) A description of possible consequences for violations of the policies described in clause (i). (iii) The methods of informing users of the policies described in clause (i). (iv) The process for adjudicating potential violations of the policies described in clause (i). (E) Culture of safety \n(i) The measures and technologies that the provider deploys to protect children from sexual exploitation and abuse using the provider’s product or service. (ii) The measures and technologies that the provider deploys to prevent the use of the provider’s product or service by individuals seeking to commit child sexual exploitation and abuse. (iii) Factors that interfere with the provider’s ability to detect or evaluate instances of child sexual exploitation and abuse. (iv) An assessment of the efficacy of the measures and technologies described in clauses (i) and (ii) and the impact of the factors described in clause (iii). (F) Safety by design \nThe measures that the provider takes before launching a new product or service to assess— (i) the safety risks for children with respect to sexual exploitation and abuse; and (ii) whether and how individuals could use the new product or service to commit child sexual exploitation and abuse. (G) Trends and patterns \nAny information concerning emerging trends and changing patterns with respect to the commission of online child sexual exploitation and abuse. (2) Avoiding duplication \nNotwithstanding the requirement under the matter preceding paragraph (1) that information be submitted annually, in the case of any report submitted under that paragraph after the initial report, a provider shall submit information described in subparagraphs (D) through (G) of that paragraph not less frequently than once every 3 years or when new information is available, whichever is more frequent. (3) Limitation \nNothing in paragraph (1) shall require the disclosure of trade secrets or other proprietary information. (4) Publication \n(A) In general \nSubject to subparagraph (B), the Attorney General and the Chair of the Federal Trade Commission shall publish the reports received under this subsection. (B) Redaction \n(i) In general \nThe Attorney General and Chair of the Federal Trade Commission shall redact from a report published under subparagraph (A) any information as necessary to avoid— (I) undermining the efficacy of a safety measure described in the report; or (II) revealing how a product or service of a provider may be used to commit online child sexual exploitation and abuse. (ii) Additional redaction \n(I) Request \nIn addition to information redacted under clause (i), a provider may request the redaction, from a report published under subparagraph (A), of any information that is law enforcement sensitive or otherwise not suitable for public distribution. (II) Agency discretion \nThe Attorney General and Chair of the Federal Trade Commission— (aa) shall consider a request made under subclause (I); and (bb) may, in their discretion, redact from a report published under subparagraph (A) any information that is law enforcement sensitive or otherwise not suitable for public distribution, whether or not requested. ; (2) in section 2258B— (A) in subsection (a)— (i) by striking may not be brought in any Federal or State court ; and (ii) by striking Except as provided in subsection (b), a civil claim or criminal charge and inserting the following: (1) Limited liability \nExcept as provided in subsection (b), a civil claim or criminal charge described in paragraph (2) may not be brought in any Federal or State court. (2) Covered claims and charges \nA civil claim or criminal charge referred to in paragraph (1) is a civil claim or criminal charge ; and (B) in subsection (b)(1), by inserting or knowingly failed to comply with a requirement under section 2258A after misconduct ; (3) in section 2258C— (A) in subsection (a)(1), by inserting use of the provider's products or services to commit after stop the ; (B) in subsection (b)— (i) by striking Any provider and inserting the following: (1) In general \nAny provider ; (ii) in paragraph (1), as so designated, by striking receives and inserting , in its sole discretion, obtains ; and (iii) by adding at the end the following: (2) Limitation on sharing with other entities \nA provider that obtains elements under subsection (a)(1) may not distribute those elements, or make those elements available, to any other entity, except for the sole and exclusive purpose of stopping the online sexual exploitation of children. ; and (C) in subsection (c)— (i) by striking subsections and inserting subsection ; (ii) by striking providers receiving and inserting a provider to obtain ; (iii) by inserting , or after NCMEC ; and (iv) by inserting use of the provider's products or services to commit after stop the ; (4) in section 2258E— (A) in paragraph (6), by striking electronic communication service provider and inserting electronic communication service ; (B) in paragraph (7), by striking and at the end; (C) in paragraph (8), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (9) the term publicly available , with respect to a visual depiction on a provider's service, means the visual depiction can be viewed by or is accessible to all users of the service, regardless of the steps, if any, a user must take to create an account or to gain access to the service in order to access or view the visual depiction. ; (5) in section 2259B(a), by inserting , any fine or penalty collected under section 2258A(e) or subparagraph (A) of section 6(g)(24) of the STOP CSAM Act of 2023 (except as provided in clauses (i) and (ii)(I) of subparagraph (B) of such section 6(g)(24)), after 2259A ; and (6) by adding at the end the following: 2260B. Liability for certain child exploitation offenses \n(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b). (b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000. (c) Rules of construction \n(1) Applicability to legal process \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement. (2) Knowledge with respect to each item required \nFor purposes of subsection (a)(1), the term knowingly shall be construed to mean knowledge of each item of child pornography that the provider hosted, stored, or made available. (d) Defense \nIn a prosecution under subsection (a)(1), it shall be a defense, which the provider must establish by a preponderance of the evidence, that— (1) the provider disabled access to or removed the child pornography as soon as possible, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, as soon as possible, and in any event not later than 2 business days after obtaining such knowledge); or (2) the provider— (A) exercised its best effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider’s control; and (B) determined it is technologically impossible for the provider to disable access to or remove the child pornography..", "id": "idddba7e88-7119-45c8-b290-2b910686e8b1", "header": "In general", "nested": [], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by adding at the end the following: 2260B. Liability for certain child exploitation offenses..", "id": "id56877ce1-e8e0-4d3d-b458-e5c2176abae0", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] } ], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] }, { "text": "2260B. Liability for certain child exploitation offenses \n(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b). (b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000. (c) Rules of construction \n(1) Applicability to legal process \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement. (2) Knowledge with respect to each item required \nFor purposes of subsection (a)(1), the term knowingly shall be construed to mean knowledge of each item of child pornography that the provider hosted, stored, or made available. (d) Defense \nIn a prosecution under subsection (a)(1), it shall be a defense, which the provider must establish by a preponderance of the evidence, that— (1) the provider disabled access to or removed the child pornography as soon as possible, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, as soon as possible, and in any event not later than 2 business days after obtaining such knowledge); or (2) the provider— (A) exercised its best effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider’s control; and (B) determined it is technologically impossible for the provider to disable access to or remove the child pornography.", "id": "iddf42edaa-4890-4d62-957c-87128fc5af40", "header": "Liability for certain child exploitation offenses", "nested": [ { "text": "(a) Offense \nIt shall be unlawful for a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, through such service to knowingly— (1) host or store child pornography or make child pornography available to any person; or (2) otherwise knowingly promote or facilitate a violation of section 2251, 2251A, 2252, 2252A, or 2422(b).", "id": "idf516e4d7-6af5-460d-a675-6c44b5176a15", "header": "Offense", "nested": [], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "(b) Penalty \nA provider of an interactive computer service that violates subsection (a)— (1) subject to paragraph (2), shall be fined not more than $1,000,000; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000.", "id": "id52b1ad01-0a3e-4c29-b963-fc76ce266b3c", "header": "Penalty", "nested": [], "links": [] }, { "text": "(c) Rules of construction \n(1) Applicability to legal process \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement. (2) Knowledge with respect to each item required \nFor purposes of subsection (a)(1), the term knowingly shall be construed to mean knowledge of each item of child pornography that the provider hosted, stored, or made available.", "id": "id7b0a992f-e0a7-45b6-a6ff-30d89f053e53", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "(d) Defense \nIn a prosecution under subsection (a)(1), it shall be a defense, which the provider must establish by a preponderance of the evidence, that— (1) the provider disabled access to or removed the child pornography as soon as possible, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, as soon as possible, and in any event not later than 2 business days after obtaining such knowledge); or (2) the provider— (A) exercised its best effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider’s control; and (B) determined it is technologically impossible for the provider to disable access to or remove the child pornography.", "id": "idede7cbc112f343449f7c71377510ad8b", "header": "Defense", "nested": [], "links": [] } ], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "5. Expanding civil remedies for victims of online child sexual exploitation \nSection 2255 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and inserting a child exploitation violation or conduct relating to child exploitation ; (B) by inserting or conduct after as a result of such violation ; and (C) by striking sue in any and inserting bring a civil action in the ; and (2) by adding at the end the following: (d) Definitions \nIn this section— (1) the term child exploitation violation means a violation of section 1589, 1590, 1591, 1594(a) (involving a violation of section 1589, 1590, or 1591), 1594(b) (involving a violation of section 1589 or 1590), 1594(c), 2241, 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title; (2) the term conduct relating to child exploitation means— (A) with respect to a provider of an interactive computer service or a software distribution service operating through the use of any means or facility of interstate or foreign commerce, or in or affecting interstate or foreign commerce, the intentional, knowing, or reckless promotion or facilitation of a violation of section 1591, 1594(c), 2251, 2251A, 2252, 2252A, or 2422(b) of this title; and (B) with respect to a provider of an interactive computer service operating through the use of any means or facility of interstate or foreign commerce, or in or affecting interstate or foreign commerce, the intentional, knowing, or reckless hosting or storing of child pornography or making child pornography available to any person; (3) the term interactive computer service has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ); and (4) the term software distribution service means an online service, whether or not operated for pecuniary gain, from which individuals can purchase, obtain, or download software that— (A) can be used by an individual to communicate with another individual, by any means, to store, access, distribute, or receive any visual depiction, or to transmit any live visual depiction; and (B) was not developed by the online service. (e) Relation to section 230 of the communications act of 1934 \nNothing in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) shall be construed to impair or limit any claim brought under this section for conduct relating to child exploitation. (f) Rules of construction \n(1) Applicability to legal process \nNothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement. (2) Knowledge with respect to each item required \nFor purposes of conduct relating to child exploitation described in subsection (d)(2)(B), the term knowing shall be construed to mean knowledge of each item of child pornography that the provider hosted, stored, or made available. (g) Encryption technologies \n(1) In general \nNotwithstanding subsection (a), none of the following actions or circumstances shall serve as an independent basis for liability of a provider of an interactive computer service for conduct relating to child exploitation: (A) The provider utilizes full end-to-end encrypted messaging services, device encryption, or other encryption services. (B) The provider does not possess the information necessary to decrypt a communication. (C) The provider fails to take an action that would otherwise undermine the ability of the provider to offer full end-to-end encrypted messaging services, device encryption, or other encryption services. (2) Consideration of evidence \nNothing in paragraph (1) shall be construed to prohibit a court from considering evidence of actions or circumstances described in that paragraph if the evidence is otherwise admissible. (h) Defense \nIn a claim under subsection (a) involving knowing conduct relating to child exploitation described in subsection (d)(2)(B), it shall be a defense, which the provider must establish by a preponderance of the evidence, that— (1) the provider disabled access to or removed the child pornography as soon as possible, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, as soon as possible, and in any event not later than 2 business days after obtaining such knowledge); or (2) the provider— (A) exercised its best effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider’s control; and (B) determined it is technologically impossible for the provider to disable access to or remove the child pornography..", "id": "id9b2ce317-db99-4271-8df4-5098139a2aee", "header": "Expanding civil remedies for victims of online child sexual exploitation", "nested": [], "links": [ { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "6. Reporting and removal of proscribed visual depictions relating to children; establishment of Child Online Protection Board \n(a) Findings \nCongress finds the following: (1) Over 40 years ago, the Supreme Court of the United States ruled in New York v. Ferber, 458 U.S. 747 (1982), that child sexual abuse material (referred to in this subsection as CSAM ) is a category of material outside the protections of the First Amendment. The Court emphasized that children depicted in CSAM are harmed twice: first through the abuse and exploitation inherent in the creation of the materials, and then through the continued circulation of the imagery, which inflicts its own emotional and psychological injury. (2) The Supreme Court reiterated this point 9 years ago in Paroline v. United States, 572 U.S. 434 (2014), when it explained that CSAM victims suffer continuing and grievous harm as a result of [their] knowledge that a large, indeterminate number of individuals have viewed and will in the future view images of the sexual abuse [they] endured. (3) In these decisions, the Supreme Court noted that the distribution of CSAM invades the privacy interests of the victims. (4) The co-mingling online of CSAM with other, non-explicit depictions of the victims links the victim’s identity with the images of their abuse. This further invades a victim’s privacy and disrupts their sense of security, thwarting what the Supreme Court has described as the individual interest in avoiding disclosure of personal matters. (5) The internet is awash with child sexual abuse material. In 2021, the CyberTipline, operated by the National Center for Missing & Exploited Children to combat online child sexual exploitation, received reports about 39,900,000 images and 44,800,000 videos depicting child sexual abuse. (6) Since 2017, Project Arachnid, operated by the Canadian Centre for Child Protection, has sent over 26,000,000 notices to online providers about CSAM and other exploitive material found on their platforms. According to the Canadian Centre, some providers are slow to remove the material, or take it down only for it to be reposted again a short time later. (7) This legislation is needed to create an easy-to-use and effective procedure to get CSAM and harmful related imagery quickly taken offline and kept offline to protect children, stop the spread of illegal and harmful content, and thwart the continued invasion of the victims' privacy. (b) Implementation \n(1) Implementation \nExcept as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, the Child Online Protection Board established under subsection (d), shall begin operations, at which point providers shall begin receiving notifications as set forth in subsection (c)(2). (2) Extension \nThe Commission may extend the deadline under paragraph (1) by not more than 180 days if the Commission provides notice of the extension to the public and to Congress. (3) Public notice \nThe Commission shall provide notice to the public of the date that the Child Online Protection Board established under subsection (d) is scheduled to begin operations on— (A) the date that is 60 days before such date that the Board is scheduled to begin operations; and (B) the date that is 30 days before such date that the Board is scheduled to begin operations. (c) Reporting and removal of proscribed visual depictions relating to children \n(1) In general \nIf a provider receives a complete notification as set forth in paragraph (2)(A) that the provider is hosting a proscribed visual depiction relating to a child, as soon as possible, but in any event not later than 48 hours after such notification is received by the provider (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), the provider shall— (A) (i) remove the proscribed visual depiction relating to a child; and (ii) notify the complainant that it has done so; or (B) notify the complainant that the provider— (i) has determined that visual depiction referenced in the notification does not constitute a proscribed visual depiction relating to a child; (ii) is unable to remove the proscribed visual depiction relating to a child using reasonable means; or (iii) has determined that the notification is duplicative under paragraph (2)(C)(i). (2) Notification requirements \n(A) In general \nTo be complete under this subsection, a notification must be a written communication to the designated reporting system of the provider (or, if the provider does not have a designated reporting system, a written communication that is served on the provider in accordance with subparagraph (F)) that includes the following: (i) An identification of, and information reasonably sufficient to permit the provider to locate, the alleged proscribed visual depiction relating to a child. Such information may include, at the option of the complainant, a copy of the alleged proscribed visual depiction relating to a child or the uniform resource locator where such alleged proscribed visual depiction is located. (ii) The complainant’s name and contact information, to include a mailing address, telephone number, and an electronic mail address, except that, if the complainant is the victim depicted in the alleged proscribed visual depiction relating to a child, the complainant may elect to use an alias, including for purposes of the signed statement described in clause (v), and omit a mailing address. (iii) If applicable, a statement indicating that the complainant has previously notified the provider about the alleged proscribed visual depiction relating to a child which may, at the option of the complainant, include a copy of the previous notification. (iv) A statement indicating that the complainant has a good faith belief that the information in the notification is accurate. (v) A signed statement under penalty of perjury indicating that the notification is submitted by— (I) the victim depicted in the alleged proscribed visual depiction relating to a child; (II) an authorized representative of the victim depicted in the alleged proscribed visual depiction relating to a child; or (III) a qualified organization. (B) Inclusion of multiple visual depictions in same notification \nA notification may contain information about more than one alleged proscribed visual depiction relating to a child, but shall only be effective with respect to each alleged proscribed visual depiction relating to a child included in the notification to the extent that the notification includes sufficient information to identify and locate such visual depiction. (C) Limitation on duplicative notifications \n(i) In general \nAfter a complainant has submitted a notification to a provider, the complainant may submit additional notifications at any time only if the subsequent notifications involve— (I) a different alleged proscribed visual depiction relating to a minor; (II) the same alleged proscribed visual depiction relating to a minor that is in a different location; or (III) recidivist hosting. (ii) No obligation \nA provider who receives any additional notifications that do not comply with clause (i) shall not be required to take any additional action except— (I) as may be required with respect to the original notification; and (II) to notify the complainant as provided in paragraph (1)(B)(iii). (D) Incomplete or misdirected notification \n(i) Requirement to contact complainant regarding insufficient information \n(I) Requirement to contact complainant \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification but does contain the complainant contact information described in subparagraph (A)(ii), the provider shall, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic mail address to obtain such information. (II) Effect of complainant providing sufficient information \nIf the provider is able to contact the complainant and obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the information needed to identify or locate the visual depiction. (III) Effect of complainant inability to provide sufficient information \nIf the provider is able to contact the complainant but does not obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall so notify the complainant not later than 48 hours after the provider determines that it is unable to identify or locate the visual depiction (or, in the case of a small provider, not later than 2 business days after the small provider makes such determination), after which no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (IV) Effect of complainant failure to respond \nIf the complainant does not respond to the provider's attempt to contact the complainant under this clause within 14 days of such attempt, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (ii) Treatment of incomplete notification where complainant cannot be contacted \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification and does not contain the complainant contact information described in subparagraph (A)(ii) (or if the provider is unable to contact the complainant using such information), no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Treatment of notification not submitted to designated reporting system \nIf a provider has a designated reporting system, and a complainant submits a notification under this subsection to the provider without using such system, the provider shall not be considered to have received the notification. (E) Option to contact complainant regarding the proscribed visual depiction involving a minor \n(i) Contact with complainant \nIf the provider believes that the proscribed visual depiction involving a minor referenced in the notification does not meet the definition of such term as provided in subsection (r)(10), the provider may, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic mail address to so indicate. (ii) Failure to respond \nIf the complainant does not respond to the provider within 14 days after receiving the notification, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Complainant response \nIf the complainant responds to the provider within 14 days after receiving the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the complainant’s response. (F) Service of notification where provider has no designated reporting system; process where complainant cannot serve provider \n(i) No designated reporting system \nIf a provider does not have a designated reporting system, a complainant may serve the provider with a notification under this subsection to the provider in the same manner that petitions are required to be served under subsection (g)(4). (ii) Complainant cannot serve provider \nIf a provider does not have a designated reporting system and a complainant cannot reasonably serve the provider with a notification as described in clause (i), the complainant may bring a petition under subsection (g)(1) without serving the provider with the notification. (G) Recidivist hosting \nIf a provider engages in recidivist hosting of a proscribed visual depiction relating to a child, in addition to any action taken under this section, a complainant may submit a report concerning such recidivist hosting to the CyberTipline operated by the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by the National Center for Missing and Exploited Children. (H) Preservation \nA provider that receives a complete notification under this subsection shall preserve the information in such notification in accordance with the requirements of sections 2713 and 2258A(h) of title 18, United States Code. For purposes of this subparagraph, the period for which providers shall be required to preserve information in accordance with such section 2258A(h) may be extended in 90-day increments on written request by the complainant or order of the Board. (I) Non-disclosure \nExcept as otherwise provided in subsection (g)(19)(C), for 120 days following receipt of a notification under this subsection, a provider may not disclose the existence of the notification to any person or entity except to an attorney for purposes of obtaining legal advice, the Board, the Commission, a law enforcement agency described in subparagraph (A), (B), or (C) of section 2258A(g)(3) of title 18, United States Code, the National Center for Missing and Exploited Children, or as necessary to respond to legal process. Nothing in the preceding sentence shall be construed to infringe on the provider’s ability to communicate general information about terms of service violations. (d) Establishment of Child Online Protection Board \n(1) In general \nThere is established in the Federal Trade Commission a Child Online Protection Board, which shall administer and enforce the requirements of subsection (e) in accordance with this section. (2) Officers and staff \nThe Board shall be composed of 3 full-time Child Online Protection Officers who shall be appointed by the Commission in accordance with paragraph (5)(A). A vacancy on the Board shall not impair the right of the remaining Child Online Protection Officers to exercise the functions and duties of the Board. (3) Child online protection attorneys \nNot fewer than 2 full-time Child Online Protection Attorneys shall be hired to assist in the administration of the Board. (4) Technological adviser \nOne or more technological advisers may be hired to assist with the handling of digital evidence and consult with the Child Online Protection Officers on matters concerning digital evidence and technological issues. (5) Qualifications \n(A) Officers \n(i) In general \nEach Child Online Protection Officer shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 7 years of legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (ii) Experience \nTwo of the Child Online Protection Officers shall have substantial experience in the evaluation, litigation, or adjudication of matters relating to child sexual abuse material or technology-facilitated crimes against children. (B) Attorneys \nEach Child Online Protection Attorney shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 3 years of substantial legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (C) Technological adviser \nA technological adviser shall have at least one year of specialized experience with digital forensic analysis. (6) Compensation \n(A) Child Online Protection Officers \n(i) Definition \nIn this subparagraph, the term senior level employee of the Federal Government means an employee, other than an employee in the Senior Executive Service, the position of whom is classified above GS–15 of the General Schedule. (ii) Pay range \nEach Child Online Protection Officer shall be compensated at a rate of pay that is not less than the minimum, and not more than the maximum, rate of pay payable for senior level employees of the Federal Government, including locality pay, as applicable. (B) Child Online Protection Attorneys \nEach Child Online Protection Attorney shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–15 of the General Schedule, including locality pay, as applicable. (C) Technological adviser \nA technological adviser of the Board shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–14 of the General Schedule, including locality pay, as applicable. (7) Vacancy \nIf a vacancy occurs in the position of Child Online Protection Officer, the Commission shall act expeditiously to appoint an Officer for that position. (8) Sanction or removal \nSubject to subsection (e)(2), the Chair of the Commission or the Commission may sanction or remove a Child Online Protection Officer. (9) Administrative support \nThe Commission shall provide the Child Online Protection Officers and Child Online Protection Attorneys with necessary administrative support, including technological facilities, to carry out the duties of the Officers and Attorneys under this section. The Department of Justice may provide equipment and guidance on the storage and handling of proscribed visual depictions relating to children. (10) Location of Board \nThe offices and facilities of the Child Online Protection Officers and Child Online Protection Attorneys shall be located at the headquarters or other office of the Commission. (e) Authority and duties of the Board \n(1) Functions \n(A) Officers \nSubject to the provisions of this section and applicable regulations, the functions of the Officers of the Board shall be as follows: (i) To render determinations on petitions that may be brought before the Officers under this section. (ii) To ensure that petitions and responses are properly asserted and otherwise appropriate for resolution by the Board. (iii) To manage the proceedings before the Officers and render determinations pertaining to the consideration of petitions and responses, including with respect to scheduling, discovery, evidentiary, and other matters. (iv) To request, from participants and nonparticipants in a proceeding, the production of information and documents relevant to the resolution of a petition or response. (v) To conduct hearings and conferences. (vi) To facilitate the settlement by the parties of petitions and responses. (vii) To impose fines as set forth in subsection (g)(24). (viii) To provide information to the public concerning the procedures and requirements of the Board. (ix) To maintain records of the proceedings before the Officers, certify official records of such proceedings as needed, and, as provided in subsection (g)(19)(A), make the records in such proceedings available to the public. (x) To carry out such other duties as are set forth in this section. (xi) When not engaged in performing the duties of the Officers set forth in this section, to perform such other duties as may be assigned by the Chair of the Commission or the Commission. (B) Attorneys \nSubject to the provisions of this section and applicable regulations, the functions of the Attorneys of the Board shall be as follows: (i) To provide assistance to the Officers of the Board in the administration of the duties of those Officers under this section. (ii) To provide assistance to complainants, providers, and members of the public with respect to the procedures and requirements of the Board. (iii) When not engaged in performing the duties of the Attorneys set forth in this section, to perform such other duties as may be assigned by the Commission. (C) Designated service agents \nThe Board may maintain a publicly available directory of service agents designated to receive service of petitions filed with the Board. (2) Independence in determinations \n(A) In general \nThe Board shall render the determinations of the Board in individual proceedings independently on the basis of the records in the proceedings before it and in accordance with the provisions of this section, judicial precedent, and applicable regulations of the Commission. (B) Performance appraisals \nNotwithstanding any other provision of law or any regulation or policy of the Commission, any performance appraisal of an Officer or Attorney of the Board may not consider the substantive result of any individual determination reached by the Board as a basis for appraisal except to the extent that result may relate to any actual or alleged violation of an ethical standard of conduct. (3) Direction by Commission \nSubject to paragraph (2), the Officers and Attorneys shall, in the administration of their duties, be under the supervision of the Chair of the Commission. (4) Inconsistent duties barred \nAn Officer or Attorney of the Board may not undertake any duty that conflicts with the duties of the Officer or Attorney in connection with the Board, to include the obligation to render impartial determinations on petitions considered by the Board under this section. (5) Recusal \nAn Officer or Attorney of the Board shall recuse himself or herself from participation in any proceeding with respect to which the Officer or Attorney, as the case may be, has reason to believe that he or she has a conflict of interest. (6) Ex parte communications \nExcept as may otherwise be permitted by applicable law, any party or interested owner involved in a proceeding before the Board shall refrain from ex parte communications with the Officers of the Board and the Commission relevant to the merits of such proceeding before the Board. (7) Judicial review \nActions of the Officers and the Commission under this section in connection with the rendering of any determination are subject to judicial review as provided under subsection (g)(28). (f) Conduct of proceedings of the Board \n(1) In general \nProceedings of the Board shall be conducted in accordance with this section and regulations established by the Commission under this section, in addition to relevant principles of law. (2) Record \nThe Board shall maintain records documenting the proceedings before the Board. (3) Centralized process \nProceedings before the Board shall— (A) be conducted at the offices of the Board without the requirement of in-person appearances by parties or others; (B) take place by means of written submissions, hearings, and conferences carried out through internet-based applications and other telecommunications facilities, except that, in cases in which physical or other nontestimonial evidence material to a proceeding cannot be furnished to the Board through available telecommunications facilities, the Board may make alternative arrangements for the submission of such evidence that do not prejudice any party or interested owner; and (C) be conducted and concluded in an expeditious manner without causing undue prejudice to any party or interested owner. (4) Representation \n(A) In general \nA party or interested owner involved in a proceeding before the Board may be, but is not required to be, represented by— (i) an attorney; or (ii) a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis. (B) Representation of victims \n(i) In general \nA petition involving a victim under the age of 16 at the time the petition is filed shall be filed by an authorized representative, qualified organization, or a person described in subparagraph (A). (ii) No requirement for qualified organizations to have contact with, or knowledge of, victim \nA qualified organization may submit a notification to a provider or file a petition on behalf of a victim without regard to whether the qualified organization has contact with the victim or knows the identity, location, or contact information of the victim. (g) Procedures To contest a failure To remove a proscribed visual depiction relating to a child or a notification reporting a proscribed visual depiction relating to a child \n(1) Procedure to contest a failure to remove \n(A) Complainant petition \nA complainant may file a petition to the Board claiming that, as applicable— (i) the complainant submitted a complete notification to a provider concerning a proscribed visual depiction relating to a child, and that— (I) the provider— (aa) did not remove the proscribed visual depiction relating to a child within the timeframe required under subsection (c)(1)(A)(i); or (bb) incorrectly claimed that— (AA) the visual depiction at issue could not be located or removed through reasonable means; (BB) the notification was incomplete; or (CC) the notification was duplicative under subsection (c)(2)(C)(i); and (II) did not file a timely petition to contest the notification with the Board under paragraph (2); or (ii) a provider is hosting a proscribed visual depiction relating to a child, does not have a designated reporting system, and the complainant was unable to serve a notification on the provider under this subsection despite reasonable efforts. (B) Additional claim \nAs applicable, a petition filed under subparagraph (A) may also claim that the proscribed visual depiction relating to a child at issue in the petition involves recidivist hosting. (C) Timeframe \n(i) In general \nA petition under this paragraph shall be considered timely if it is filed within 30 days of the applicable start date, as defined under clause (ii). (ii) Applicable start date \nFor purposes of clause (i), the term applicable start date means— (I) in the case of a petition under subparagraph (A)(i) claiming that the visual depiction was not removed or that the provider made an incorrect claim relating to the visual depiction or notification, the day that the provider's option to file a petition has expired under paragraph (2)(B); and (II) in the case of a petition under subparagraph (A)(ii) related to a notification that could not be served, the last day of the 2-week period that begins on the day on which the complainant first attempted to serve a notification on the provider involved. (D) Identification of victim \nAny petition filed to the Board by the victim or an authorized representative of the victim shall include the victim’s legal name. A petition filed to the Board by a qualified organization may, but is not required to, include the victim's legal name. Any petition containing the victim’s legal name shall be filed under seal. The victim’s legal name shall be redacted from any documents served on the provider and interested owner or made publicly available. (E) Failure to remove visual depictions in timely manner \nA complainant may file a petition under subparagraph (A)(i) claiming that a visual depiction was not removed even if the visual depiction was removed prior to the petition being filed, so long as the petition claims that the visual depiction was not removed within the timeframe specified in subsection (c)(1). (2) Procedure to contest a notification \n(A) Provider petition \nIf a provider receives a complete notification as described in subsection (c)(2) through its designated reporting system or in accordance with subsection (c)(2)(F)(i), the provider may file a petition to the Board claiming that the provider has a good faith belief that, as applicable— (i) the visual depiction that is the subject of the notification does not constitute a proscribed visual depiction relating to a child; (ii) the notification is frivolous or was submitted with an intent to harass the provider or any person; (iii) the alleged proscribed visual depiction relating to a child cannot reasonably be located by the provider; (iv) for reasons beyond the control of the provider, the provider cannot remove the proscribed visual depiction relating to a child using reasonable means; or (v) the notification was duplicative under subsection (c)(2)(C)(i). (B) Timeframe \n(i) In general \nSubject to clauses (ii) and (iii), a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 14 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (ii) No designated reporting system \nSubject to clause (iii), if a provider does not have a designated reporting system, a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 7 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (iii) Small providers \nIn the case of a small provider, each of the timeframes applicable under clauses (i) and (ii) shall be increased by 48 hours. (3) Commencement of proceeding \n(A) In general \nIn order to commence a proceeding under this section, a petitioning party shall, subject to such additional requirements as may be prescribed in regulations established by the Commission, file a petition with the Board, that includes a statement of claims and material facts in support of each claim in the petition. A petition may set forth more than one claim. A petition shall also include information establishing that it has been filed within the applicable timeframe. (B) Review of petitions by Child Online Protection Attorneys \nChild Online Protection Attorneys may review petitions to assess whether they are complete. The Board may permit a petitioning party to refile a defective petition. The Attorney may assist the petitioning party in making any corrections. (C) Dismissal \nThe Board may dismiss, with or without prejudice, any petition that fails to comply with subparagraph (A). (4) Service of process requirements for petitions \n(A) In general \nFor purposes of petitions under paragraphs (1) and (2), the petitioning party shall, at or before the time of filing a petition, serve a copy on the other party. A corporation, partnership, or unincorporated association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a copy of the petition to its service agent, if one has been so designated. (B) Manner of Service \n(i) Service by nondigital means \nService by nondigital means may be any of the following: (I) Personal, including delivery to a responsible person at the office of counsel. (II) By priority mail. (III) By third-party commercial carrier for delivery within 3 days. (ii) Service by digital means \nService of a paper may be made by sending it by any digital means, including through a provider's designated reporting system. (iii) When service is completed \nService by mail or by commercial carrier is complete 3 days after the mailing or delivery to the carrier. Service by digital means is complete on filing or sending, unless the party making service is notified that the paper was not received by the party served. (C) Proof of service \nA petition filed under paragraph (1) or (2) shall contain— (i) an acknowledgment of service by the person served; (ii) proof of service consisting of a statement by the person who made service certifying— (I) the date and manner of service; (II) the names of the persons served; and (III) their mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service; or (iii) a statement indicating that service could not reasonably be completed. (D) Attorney fees and costs \nExcept as otherwise provided in this subsection, all parties to a petition shall bear their own attorney fees and costs. (5) Service of other documents \nDocuments submitted or relied upon in a proceeding, other than the petition, shall be served in accordance with regulations established by the Commission. (6) Notification of right to opt out \nIn order to effectuate service on a responding party, the petition shall notify the responding party of their right to opt out of the proceeding before the Board, and the consequences of opting out and not opting out, including a prominent statement that by not opting out the respondent— (A) loses the opportunity to have the dispute decided by a court created under article III of the Constitution of the United States; and (B) waives the right to a jury trial regarding the dispute. (7) Initial proceedings \n(A) Conference \nWithin 1 week of completion of service of a petition under paragraph (4), 1 or more Officers of the Board shall hold a conference to address the matters described in subparagraphs (B) and (C). (B) Opt-out procedure \nAt the conference, an Officer of the Board shall explain that the responding party has a right to opt out of the proceeding before the Board, and describe the consequences of opting out and not opting out as described in paragraph (6). A responding party shall have a period of 30 days, beginning on the date of the conference, in which to provide written notice of such choice to the petitioning party and the Board. If the responding party does not submit an opt-out notice to the Board within that 30-day period, the proceeding shall be deemed an active proceeding and the responding party shall be bound by the determination in the proceeding. If the responding party opts out of the proceeding during that 30-day period, the proceeding shall be dismissed without prejudice. (C) Disabling access \nAt the conference, except for petitions setting forth claims described in clauses (iii) and (iv) of paragraph (2)(A), an Officer of the Board shall order the provider involved to disable public and user access to the alleged proscribed visual depiction relating to a child at issue in the petition for the pendency of the proceeding, including judicial review as provided in subsection (g)(28), unless the Officer of the Board finds that— (i) it is likely that the Board will find that the petition is frivolous or was filed with an intent to harass any person; (ii) there is a probability that disabling public and user access to such visual depiction will cause irreparable harm; (iii) the balance of equities weighs in favor of preserving public and user access to the visual depiction; and (iv) disabling public and user access to the visual depiction is contrary to the public interest. (D) Effect of failure to disable access \n(i) Provider petition \nIf the petition was filed by a provider, and the provider fails to comply with an order issued pursuant to subparagraph (B), the Board may— (I) dismiss the petition with prejudice; and (II) refer the matter to the Attorney General. (ii) Effect of dismissal \nIf a provider’s petition is dismissed under clause (i)(I), the complainant may bring a petition under paragraph (1) as if the provider did not file a petition within the timeframe specified in paragraph (2)(B). For purposes of paragraph (1)(C)(ii), the applicable start date shall be the date the provider’s petition was dismissed. (iii) Complainant petition \nIf the petition was filed by a complainant, and the provider fails to comply with an order issued pursuant to subparagraph (B), the Board— (I) shall— (aa) expedite resolution of the petition; and (bb) refer the matter to the Attorney General; and (II) may apply an adverse inference with respect to disputed facts against such provider. (8) Scheduling \nUpon receipt of a complete petition and at the conclusion of the opt out procedure described in paragraph (7), the Board shall issue a schedule for the future conduct of the proceeding. A schedule issued by the Board may be amended by the Board in the interests of justice. (9) Conferences \nOne or more Officers of the Board may hold a conference to address case management or discovery issues in a proceeding, which shall be noted upon the record of the proceeding and may be recorded or transcribed. (10) Party submissions \nA proceeding of the Board may not include any formal motion practice, except that, subject to applicable regulations and procedures of the Board— (A) the parties to the proceeding and an interested owner may make requests to the Board to address case management and discovery matters, and submit responses thereto; and (B) the Board may request or permit parties and interested owners to make submissions addressing relevant questions of fact or law, or other matters, including matters raised sua sponte by the Officers of the Board, and offer responses thereto. (11) Discovery \n(A) In general \nDiscovery in a proceeding shall be limited to the production of relevant information and documents, written interrogatories, and written requests for admission, as provided in regulations established by the Commission, except that— (i) upon the request of a party, and for good cause shown, the Board may approve additional relevant discovery, on a limited basis, in particular matters, and may request specific information and documents from parties in the proceeding, consistent with the interests of justice; (ii) upon the request of a party or interested owner, and for good cause shown, the Board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information; (iii) after providing notice and an opportunity to respond, and upon good cause shown, the Board may apply an adverse inference with respect to disputed facts against a party or interested owner who has failed to timely provide discovery materials in response to a proper request for materials that could be relevant to such facts; and (iv) an interested owner shall only produce or receive discovery to the extent it relates to whether the visual depiction at issue constitutes a proscribed visual depiction relating to a child. (B) Privacy \nAny alleged proscribed visual depiction relating to a child received by the Board or the Commission as part of a proceeding shall be filed under seal and shall remain in the care, custody, and control of the Board or the Commission. For purposes of discovery, the Board or Commission shall make the proscribed visual depiction relating to a child reasonably available to the parties and interested owner but shall not provide copies. The privacy protections described in section 3509(d) of title 18, United States Code, shall apply to the Board, Commission, provider, complainant, and interested owner. (12) Responses \nThe responding party may refute any of the claims or factual assertions made by the petitioning party, and may also claim that the petition was not filed in the applicable timeframe or is barred under subsection (h). If a complainant is the petitioning party, a provider may additionally claim in response that the notification was incomplete and could not be made complete under subsection (c)(2)(D)(i). The petitioning party may refute any responses submitted by the responding party. (13) Interested owner \nAn individual notified under paragraph (19)(C)(ii) may, within 14 days of being so notified, file a motion to join the proceeding for the limited purpose of claiming that the visual depiction at issue does not constitute a proscribed visual depiction relating to a child. The Board shall serve the motion on both parties. Such motion shall include a factual basis and a signed statement, submitted under penalty of perjury, indicating that the individual produced or created the visual depiction at issue. The Board shall dismiss any motion that does not include the signed statement or that was submitted by an individual who did not produce or create the visual depiction at issue. If the motion is granted, the interested owner may also claim that the notification and petition were filed with an intent to harass the interested owner. Any party may refute the claims and factual assertions made by the interested owner. (14) Evidence \nThe Board may consider the following types of evidence in a proceeding, and such evidence may be admitted without application of formal rules of evidence: (A) Documentary and other nontestimonial evidence that is relevant to the petitions or responses in the proceeding. (B) Testimonial evidence, submitted under penalty of perjury in written form or in accordance with paragraph (15), limited to statements of the parties and nonexpert witnesses, that is relevant to the petitions or responses in a proceeding, except that, in exceptional cases, expert witness testimony or other types of testimony may be permitted by the Board for good cause shown. (15) Hearings \nUnless waived by all parties, the Board shall conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding, including oral testimony, subject to the following: (A) Any such hearing shall be attended by not fewer than two of the Officers of the Board. (B) The hearing shall be noted upon the record of the proceeding and, subject to subparagraph (C), may be recorded or transcribed as deemed necessary by the Board. (C) A recording or transcript of the hearing shall be made available to any Officer of the Board who is not in attendance. (16) Voluntary dismissal \n(A) By petitioning party \nUpon the written request of a petitioning party, the Board shall dismiss the petition, with or without prejudice. (B) By responding party or interested owner \nUpon written request of a responding party or interested owner, the Board shall dismiss any responses to the petition, and shall consider all claims and factual assertions in the petition to be true. (17) Factual findings \nSubject to paragraph (11)(A)(iii), the Board shall make factual findings based upon a preponderance of the evidence. (18) Determinations \n(A) Nature and contents \nA determination rendered by the Board in a proceeding shall— (i) be reached by a majority of the Board; (ii) be in writing, and include an explanation of the factual and legal basis of the determination; and (iii) include a clear statement of all fines, costs, and other relief awarded. (B) Dissent \nAn Officer of the Board who dissents from a decision contained in a determination under subparagraph (A) may append a statement setting forth the grounds for that dissent. (19) Publication and disclosure \n(A) Publication \nEach final determination of the Board shall be made available on a publicly accessible website, except that the final determination shall be redacted to protect confidential information that is the subject of a protective order under paragraph (11)(A)(ii) or information protected pursuant to paragraph (11)(B) and any other information protected from public disclosure under the Federal Trade Commission Act or any other applicable provision of law. (B) Freedom of information act \nAll information relating to proceedings of the Board under this section is exempt from disclosure to the public under section 552(b)(3) of title 5, except for determinations, records, and information published under subparagraph (A). Any information that is disclosed under this subparagraph shall have redacted any information that is the subject of a protective order under paragraph (11)(A)(ii) or protected pursuant to paragraph (11)(B). (C) Effect of petition on non-disclosure period \n(i) Submission of a petition extends the non-disclosure period under subsection (c)(2)(I) for the pendency of the proceeding. The provider may submit an objection to the Board that nondisclosure is contrary to the interests of justice. The complainant may, but is not required to, respond to the objection. The Board should sustain the objection unless there is reason to believe that the circumstances in section 3486(a)(6)(B) of title 18, United States Code, exist and outweigh the interests of justice. (ii) If the Board sustains an objection to the nondisclosure period, the provider or the Board may notify the apparent owner of the visual depiction in question about the proceeding, and include instructions on how the owner may move to join the proceeding under paragraph (13). (iii) If applicable, the nondisclosure period expires 120 days after the Board’s determination becomes final, except it shall expire immediately upon the Board's determination becoming final if the Board finds that the visual depiction is not a proscribed visual depiction relating to a minor. (iv) The interested owner of a visual depiction may not bring any legal action against any party related to the proscribed visual depiction relating to a child until the Board’s determination is final. Once the determination is final, the owner of the visual depiction may pursue any legal relief available under the law, subject to subsections (h), (k), and (l). (20) Responding party’s default \nIf the Board finds that service of the petition on the responding party could not reasonably be completed, or the responding party has failed to appear or has ceased participating in a proceeding, as demonstrated by the responding party’s failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may enter a default determination, including the dismissal of any responses asserted by the responding party, as follows and in accordance with such other requirements as the Commission may establish by regulation: (A) The Board shall require the petitioning party to submit relevant evidence and other information in support of the petitioning party’s claims and, upon review of such evidence and any other requested submissions from the petitioning party, shall determine whether the materials so submitted are sufficient to support a finding in favor of the petitioning party under applicable law and, if so, the appropriate relief and damages, if any, to be awarded. (B) If the Board makes an affirmative determination under subparagraph (A), the Board shall prepare a proposed default determination, and shall provide written notice to the responding party at all addresses, including electronic mail addresses, reflected in the records of the proceeding before the Board, of the pendency of a default determination by the Board and of the legal significance of such determination. Such notice shall be accompanied by the proposed default determination and shall provide that the responding party has a period of 30 days, beginning on the date of the notice, to submit any evidence or other information in opposition to the proposed default determination. (C) If the responding party responds to the notice provided under subparagraph (B) within the 30-day period provided in such subparagraph, the Board shall consider responding party’s submissions and, after allowing the petitioning party to address such submissions, maintain, or amend its proposed determination as appropriate, and the resulting determination shall not be a default determination. (D) If the respondent fails to respond to the notice provided under subparagraph (B), the Board shall proceed to issue the default determination. Thereafter, the respondent may only challenge such determination to the extent permitted under paragraph (28). (21) Petitioning party or interested owner’s failure to proceed \nIf a petitioning party or interested owner who has joined the proceeding fails to proceed, as demonstrated by the failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may, upon providing written notice to the petitioning party or interested owner and a period of 30 days, beginning on the date of the notice, to respond to the notice, and after considering any such response, issue a determination dismissing the claims made by the petitioning party or interested owner. The Board may order the petitioning party to pay attorney fees and costs under paragraph (26)(B), if appropriate. Thereafter, the petitioning party may only challenge such determination to the extent permitted under paragraph (28). (22) Request for reconsideration \nA party or interested owner may, within 30 days after the date on which the Board issues a determination under paragraph (18), submit to the Board a written request for reconsideration of, or an amendment to, such determination if the party or interested owner identifies a clear error of law or fact material to the outcome, or a technical mistake. After providing the other parties an opportunity to address such request, the Board shall either deny the request or issue an amended determination. (23) Review by Commission \nIf the Board denies a party or interested owner a request for reconsideration of a determination under paragraph (22), the party or interested owner may, within 30 days after the date of such denial, request review of the determination by the Commission in accordance with regulations established by the Commission. After providing the other party or interested owner an opportunity to address the request, the Commission shall either deny the request for review, or remand the proceeding to the Board for reconsideration of issues specified in the remand and for issuance of an amended determination. Such amended determination shall not be subject to further consideration or review, other than under paragraph (28). (24) Favorable ruling on complainant petition \n(A) In general \nIf the Board grants a complainant’s petition filed under this section, notwithstanding any other law, the Board shall— (i) order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction; (ii) impose a fine of $50,000 per proscribed visual depiction relating to a child covered by the determination, but if the Board finds that— (I) the provider removed the proscribed visual depiction relating to a child after the period set forth in subsection (c)(1)(A)(i), but before the complainant filed a petition, such fine shall be $25,000; (II) the provider has engaged in recidivist hosting for the first time with respect to the proscribed visual depiction relating to a child in question, such fine shall be $100,000 per proscribed visual depiction relating to a child; or (III) the provider has engaged in recidivist hosting of the proscribed visual depiction relating to a child in question 2 or more times, such fine shall be $200,000 per proscribed visual depiction relating to a child; (iii) order the provider to pay reasonable costs to the complainant; and (iv) refer any matters involving intentional or willful conduct by a provider with respect to a proscribed visual depiction relating to a child, or recidivist hosting, to the Attorney General for prosecution under any applicable laws. (B) Provider payment of fine and costs \nNotwithstanding any other law, the Board shall direct a provider to promptly pay fines and costs imposed under subparagraph (A) as follows: (i) If the petition was filed by a victim, such fine and costs shall be paid to the victim. (ii) If the petition was filed by an authorized representative of a victim— (I) 30 percent of such fine shall be paid to the authorized representative and 70 percent of such fine paid to the victim; and (II) costs shall be paid to the authorized representative. (iii) If the petition was filed by a qualified organization— (I) the fine shall be paid to the Child Pornography Victims Reserve as provided in section 2259B of title 18, United States Code; and (II) costs shall be paid to the qualified organization. (25) Effect of denial of provider petition \n(A) In general \nIf the Board denies a provider’s petition to contest a notification filed under paragraph (2), it shall order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction. (B) Referral for failure to remove material \nIf a provider does not remove and, if applicable, permanently delete a proscribed visual depiction relating to a child within 48 hours of the Board issuing a determination under subparagraph (A), or not later than 2 business days of the Board issuing a determination under subparagraph (A) concerning a small provider, the Board shall refer the matter to the Attorney General for prosecution under any applicable laws. (C) Costs for frivolous petition \nIf the Board finds that a provider filed a petition under paragraph (2) for a harassing or improper purpose or without reasonable basis in law or fact, the Board shall order the provider to pay the reasonable costs of the complainant. (26) Effect of denial of complainant's petition or favorable ruling on provider's petition \n(A) Restoration \nIf the Board grants a provider’s petition filed under paragraph (2) or if the Board denies a petition filed by the complainant under paragraph (1), the provider may restore access to any visual depiction that was at issue in the proceeding. (B) Costs for incomplete or frivolous notification and harassment \nIf, in granting or denying a petition as described in subparagraph (A), the Board finds that the notification contested in the petition could not be made complete under subsection (c)(2)(D), is frivolous, or is duplicative under subsection (c)(2)(C)(i), the Board may order the complainant to pay costs to the provider and any interested owner, which shall not exceed a total of $10,000, or, if the Board finds that the complainant filed the notification with an intent to harass the provider or any person, a total of $15,000. (27) Civil action; other relief \n(A) In general \nWhenever any provider or complainant fails to comply with a final determination of the Board issued under paragraph (18), the Department of Justice may commence a civil action in a district court of the United States to enforce compliance with such determination. (B) Savings clause \nNothing in this section shall be construed to limit the authority of the Commission or Department of Justice under any other provision of law. (28) Challenges to the determination \n(A) Bases for challenge \nNot later than 45 days after the date on which the Board issues a determination or amended determination in a proceeding, or not later than 45 days after the date on which the Board completes any process of reconsideration or the Commission completes a review of the determination, whichever occurs later, a party may seek an order from a district court, located where the provider or complainant conducts business or resides, vacating, modifying, or correcting the determination of the Board in the following cases: (i) If the determination was issued as a result of fraud, corruption, misrepresentation, or other misconduct. (ii) If the Board exceeded its authority or failed to render a determination concerning the subject matter at issue. (iii) In the case of a default determination or determination based on a failure to prosecute, if it is established that the default or failure was due to excusable neglect. (B) Procedure to challenge \n(i) Notice of application \nNotice of the application to challenge a determination of the Board shall be provided to all parties to the proceeding before the Board, in accordance with the procedures applicable to service of a motion in the court where the application is made. (ii) Staying of proceedings \nFor purposes of an application under this paragraph, any judge who is authorized to issue an order to stay the proceedings in an any other action brought in the same court may issue an order, to be served with the notice of application, staying proceedings to enforce the award while the challenge is pending. (29) Final determination \nA determination of the Board shall be final on the date that all opportunities for a party or interested owner to seek reconsideration or review of a determination under paragraph (22) or (23), or for a party to challenge the determination under paragraph (28), have expired or are exhausted. (h) Effect of proceeding \n(1) Subsequent proceedings \nThe issuance of a final determination by the Board shall preclude the filing by any party of any subsequent petition that is based on the notification at issue in the final determination. This paragraph shall not limit the ability of any party to file a subsequent petition based on any other notification. (2) Determination \nExcept as provided in paragraph (1), the issuance of a final determination by the Board, including a default determination or determination based on a failure to prosecute, shall preclude relitigation of any allegation, factual claim, or response in any subsequent legal action or proceeding before any court, tribunal, or the Board, and may be relied upon for such purpose in a future action or proceeding arising from the same specific activity, subject to the following: (A) No party or interested owner may relitigate any allegation, factual claim, or response that was properly asserted and considered by the Board in any subsequent proceeding before the Board involving the same parties or interested owner and the same proscribed visual depiction relating to a minor. (B) A finding by the Board that a visual depiction constitutes a proscribed visual depiction relating to a child— (i) may not be relitigated in any civil proceeding brought by an interested owner; and (ii) may not be relied upon, and shall not have preclusive effect, in any other action or proceeding involving any party before any court or tribunal other than the Board. (C) A determination by the Board shall not preclude litigation or relitigation as between the same or different parties before any court or tribunal other than the Board of the same or similar issues of fact or law in connection with allegations or responses not asserted or not finally determined by the Board. (D) Except to the extent permitted under this subsection, any final determination of the Board may not be cited or relied upon as legal precedent in any other action or proceeding before any court or tribunal other than the Board. (3) Other materials in proceeding \nA submission or statement of a party, interested owner, or witness made in connection with a proceeding before the Board, including a proceeding that is dismissed, may not serve as the basis of any action or proceeding before any court or tribunal except for any legal action related to perjury or for conduct described in subsection (k)(2). A statement of a party, interested owner, or witness may be received as evidence, in accordance with applicable rules, in any subsequent legal action or proceeding before any court, tribunal, or the Board. (4) Failure to assert response \nExcept as provided in paragraph (1), the failure or inability to assert any allegation, factual claim, or response in a proceeding before the Board shall not preclude the assertion of that response in any subsequent legal action or proceeding before any court, tribunal, or the Board. (i) Administration \nThe Commission may issue regulations in accordance with section 553 of title 5, United States Code, to implement this section. (j) Study \n(1) In general \nNot later than 3 years after the date on which Child Online Protection Board issues the first determination under this section, the Commission shall conduct, and report to Congress on, a study that addresses the following: (A) The use and efficacy of the Child Online Protection Board in expediting the removal of proscribed visual depictions relating to children and resolving disputes concerning said visual depictions, including the number of proceedings the Child Online Protection Board could reasonably administer with current allocated resources. (B) Whether adjustments to the authority of the Child Online Protection Board are necessary or advisable, including with respect to permissible claims, responses, fines, costs, and joinder by interested parties. (C) Whether the Child Online Protection Board should be permitted to expire, be extended, or be expanded. (D) Such other matters as the Commission believes may be pertinent concerning the Child Online Protection Board. (2) Consultation \nIn conducting the study and completing the report required under paragraph (1), the Commission shall, to the extent feasible, consult with complainants, victims, and providers to include their views on the matters addressed in the study and report. (k) Limited liability \n(1) In general \nExcept as provided in paragraph (2), a civil claim or criminal charge against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4), for distributing, receiving, accessing, or possessing a proscribed visual depiction relating to a child for the sole and exclusive purpose of complying with the requirements of this section, or for the sole and exclusive purpose of seeking or providing legal advice in order to comply with this section, may not be brought in any Federal or State court. (2) Intentional, reckless, or other misconduct \nParagraph (1) shall not apply to a claim against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4)— (A) for any conduct unrelated to compliance with the requirements of this section; (B) if the Board, provider, complainant, interested owner, or representative under subsection (f)(4) (as applicable)— (i) engaged in intentional misconduct; or (ii) acted, or failed to act— (I) with actual malice; or (II) with reckless disregard to a substantial risk of causing physical injury without legal justification; or (C) in the case of a claim against a complainant, if the complainant falsely claims to be a victim, an authorized representative of a victim, or a qualified organization. (3) Minimizing access \nThe Board, a provider, a complainant, an interested owner, or a representative under subsection (f)(4) shall— (A) minimize the number of individuals that are provided access to any alleged, contested, or actual proscribed visual depictions relating to a child under this section; (B) ensure that any alleged, contested, or actual proscribed visual depictions relating to a child are transmitted and stored in a secure manner and are not distributed to or accessed by any individual other than as needed to implement this section; and (C) ensure that all copies of any proscribed visual depictions relating to a child are permanently deleted upon a request from the Board, Commission, or the Federal Bureau of Investigation. (l) Provider immunity from claims based on removal of visual depiction \nA provider shall not be liable to any person for any claim based on the provider’s good faith removal of any alleged proscribed visual depiction relating to a child pursuant to a notification under this section, regardless of whether the visual depiction is found to be a proscribed visual depiction relating to a child by the Board. (m) Continued applicability of Federal, State, and Tribal law \n(1) In general \nThis Act shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law. (2) No preemption \nNothing in this Act shall prohibit a State or Tribal government from adopting and enforcing a provision of law governing child sex abuse material that is at least as protective of the rights of a victim as this section. (n) Discovery \nNothing in this Act affects discovery, a subpoena or any other court order, or any other judicial process otherwise in accordance with Federal or State law. (o) Rule of construction \nNothing in this section shall be construed to relieve a provider from any obligation imposed on the provider under section 2258A of title 18, United States Code. (p) Funding \nThere are authorized to be appropriated to pay the costs incurred by the Commission under this section, including the costs of establishing and maintaining the Board and its facilities, $40,000,000 for each year during the period that begins with the year in which this Act is enacted and ends with the year in which certain subsections of this section expire under subsection (q). (q) Sunset \nExcept for subsections (a), (h), (k), (l), (m), (n), (o), and (r), this section shall expire 5 years after the date on which the Child Online Protection Board issues its first determination under this section. (r) Definitions \nIn this section: (1) Board \nThe term Board means the Child Online Protection Board established under subsection (d). (2) Child sexual abuse material \nThe term child sexual abuse material has the meaning provided in section 2256(8) of title 18, United States Code. (3) Commission \nThe term Commission means the Federal Trade Commission. (4) Complainant \nThe term complainant means— (A) the victim appearing in the proscribed visual depiction relating to a child; (B) an authorized representative of the victim appearing in the proscribed visual depiction relating to a child; or (C) a qualified organization. (5) Designated reporting system \nThe term designated reporting system means a digital means of submitting a notification to a provider under this subsection that is publicly and prominently available, easily accessible, and easy to use. (6) Host \nThe term host means to store or make a visual depiction available or accessible to the public or any users through digital means or on a system or network controlled or operated by or for a provider. (7) Identifiable person \nThe term identifiable person means a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. (8) Interested owner \nThe term interested owner means an individual who has joined a proceeding before the Board under subsection (g)(13). (9) Party \nThe term party means the complainant or provider. (10) Proscribed visual depiction relating to a child \nThe term proscribed visual depiction relating to a child means child sexual abuse material or a related exploitive visual depiction. (11) Provider \nThe term provider means a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), and for purposes of subsections (k) and (l), includes any director, officer, employee, or agent of such provider. (12) Qualified organization \nThe term qualified organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of that Code that works to address child sexual abuse material and to support victims of child sexual abuse material. (13) Recidivist hosting \nThe term recidivist hosting means, with respect to a provider, that the provider removes a proscribed visual depiction relating to a child pursuant to a notification or determination under this subsection, and then subsequently hosts a visual depiction that has the same hash value or other technical identifier as the visual depiction that had been so removed. (14) Related exploitive visual depiction \nThe term related exploitive visual depiction means a visual depiction of an identifiable person of any age where— (A) such visual depiction does not constitute child sexual abuse material, but is published with child sexual abuse material depicting that person; and (B) there is a connection between such visual depiction and the child sexual abuse material depicting that person that is readily apparent from— (i) the content of such visual depiction and the child sexual abuse material; or (ii) the context in which such visual depiction and the child sexual abuse material appear. (15) Small provider \nThe term small provider means a provider that, for the most recent calendar year, averaged less than 10,000,000 active users on a monthly basis in the United States. (16) Victim \n(A) In general \nThe term victim means an individual of any age who is depicted in child sexual abuse material while under 18 years of age. (B) Assumption of rights \nIn the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, may assume the victim's rights to submit a notification or file a petition under this section, but in no event shall an individual who produced or conspired to produce the child sexual abuse material depicting the victim be named as such representative or guardian. (17) Visual depiction \nThe term visual depiction has the meaning provided in section 2256(5) of title 18, United States Code.", "id": "id60941963-1604-4bf2-b6a0-d0103ee149bb", "header": "Reporting and removal of proscribed visual depictions relating to children; establishment of Child Online Protection Board", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Over 40 years ago, the Supreme Court of the United States ruled in New York v. Ferber, 458 U.S. 747 (1982), that child sexual abuse material (referred to in this subsection as CSAM ) is a category of material outside the protections of the First Amendment. The Court emphasized that children depicted in CSAM are harmed twice: first through the abuse and exploitation inherent in the creation of the materials, and then through the continued circulation of the imagery, which inflicts its own emotional and psychological injury. (2) The Supreme Court reiterated this point 9 years ago in Paroline v. United States, 572 U.S. 434 (2014), when it explained that CSAM victims suffer continuing and grievous harm as a result of [their] knowledge that a large, indeterminate number of individuals have viewed and will in the future view images of the sexual abuse [they] endured. (3) In these decisions, the Supreme Court noted that the distribution of CSAM invades the privacy interests of the victims. (4) The co-mingling online of CSAM with other, non-explicit depictions of the victims links the victim’s identity with the images of their abuse. This further invades a victim’s privacy and disrupts their sense of security, thwarting what the Supreme Court has described as the individual interest in avoiding disclosure of personal matters. (5) The internet is awash with child sexual abuse material. In 2021, the CyberTipline, operated by the National Center for Missing & Exploited Children to combat online child sexual exploitation, received reports about 39,900,000 images and 44,800,000 videos depicting child sexual abuse. (6) Since 2017, Project Arachnid, operated by the Canadian Centre for Child Protection, has sent over 26,000,000 notices to online providers about CSAM and other exploitive material found on their platforms. According to the Canadian Centre, some providers are slow to remove the material, or take it down only for it to be reposted again a short time later. (7) This legislation is needed to create an easy-to-use and effective procedure to get CSAM and harmful related imagery quickly taken offline and kept offline to protect children, stop the spread of illegal and harmful content, and thwart the continued invasion of the victims' privacy.", "id": "id49e5a6d3-013f-4834-894b-b17095d8e104", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Implementation \n(1) Implementation \nExcept as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, the Child Online Protection Board established under subsection (d), shall begin operations, at which point providers shall begin receiving notifications as set forth in subsection (c)(2). (2) Extension \nThe Commission may extend the deadline under paragraph (1) by not more than 180 days if the Commission provides notice of the extension to the public and to Congress. (3) Public notice \nThe Commission shall provide notice to the public of the date that the Child Online Protection Board established under subsection (d) is scheduled to begin operations on— (A) the date that is 60 days before such date that the Board is scheduled to begin operations; and (B) the date that is 30 days before such date that the Board is scheduled to begin operations.", "id": "id12628f5a-7c99-4455-a38f-320f56b26932", "header": "Implementation", "nested": [], "links": [] }, { "text": "(c) Reporting and removal of proscribed visual depictions relating to children \n(1) In general \nIf a provider receives a complete notification as set forth in paragraph (2)(A) that the provider is hosting a proscribed visual depiction relating to a child, as soon as possible, but in any event not later than 48 hours after such notification is received by the provider (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), the provider shall— (A) (i) remove the proscribed visual depiction relating to a child; and (ii) notify the complainant that it has done so; or (B) notify the complainant that the provider— (i) has determined that visual depiction referenced in the notification does not constitute a proscribed visual depiction relating to a child; (ii) is unable to remove the proscribed visual depiction relating to a child using reasonable means; or (iii) has determined that the notification is duplicative under paragraph (2)(C)(i). (2) Notification requirements \n(A) In general \nTo be complete under this subsection, a notification must be a written communication to the designated reporting system of the provider (or, if the provider does not have a designated reporting system, a written communication that is served on the provider in accordance with subparagraph (F)) that includes the following: (i) An identification of, and information reasonably sufficient to permit the provider to locate, the alleged proscribed visual depiction relating to a child. Such information may include, at the option of the complainant, a copy of the alleged proscribed visual depiction relating to a child or the uniform resource locator where such alleged proscribed visual depiction is located. (ii) The complainant’s name and contact information, to include a mailing address, telephone number, and an electronic mail address, except that, if the complainant is the victim depicted in the alleged proscribed visual depiction relating to a child, the complainant may elect to use an alias, including for purposes of the signed statement described in clause (v), and omit a mailing address. (iii) If applicable, a statement indicating that the complainant has previously notified the provider about the alleged proscribed visual depiction relating to a child which may, at the option of the complainant, include a copy of the previous notification. (iv) A statement indicating that the complainant has a good faith belief that the information in the notification is accurate. (v) A signed statement under penalty of perjury indicating that the notification is submitted by— (I) the victim depicted in the alleged proscribed visual depiction relating to a child; (II) an authorized representative of the victim depicted in the alleged proscribed visual depiction relating to a child; or (III) a qualified organization. (B) Inclusion of multiple visual depictions in same notification \nA notification may contain information about more than one alleged proscribed visual depiction relating to a child, but shall only be effective with respect to each alleged proscribed visual depiction relating to a child included in the notification to the extent that the notification includes sufficient information to identify and locate such visual depiction. (C) Limitation on duplicative notifications \n(i) In general \nAfter a complainant has submitted a notification to a provider, the complainant may submit additional notifications at any time only if the subsequent notifications involve— (I) a different alleged proscribed visual depiction relating to a minor; (II) the same alleged proscribed visual depiction relating to a minor that is in a different location; or (III) recidivist hosting. (ii) No obligation \nA provider who receives any additional notifications that do not comply with clause (i) shall not be required to take any additional action except— (I) as may be required with respect to the original notification; and (II) to notify the complainant as provided in paragraph (1)(B)(iii). (D) Incomplete or misdirected notification \n(i) Requirement to contact complainant regarding insufficient information \n(I) Requirement to contact complainant \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification but does contain the complainant contact information described in subparagraph (A)(ii), the provider shall, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic mail address to obtain such information. (II) Effect of complainant providing sufficient information \nIf the provider is able to contact the complainant and obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the information needed to identify or locate the visual depiction. (III) Effect of complainant inability to provide sufficient information \nIf the provider is able to contact the complainant but does not obtain sufficient information to identify or locate the visual depiction that is the subject of the notification, the provider shall so notify the complainant not later than 48 hours after the provider determines that it is unable to identify or locate the visual depiction (or, in the case of a small provider, not later than 2 business days after the small provider makes such determination), after which no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (IV) Effect of complainant failure to respond \nIf the complainant does not respond to the provider's attempt to contact the complainant under this clause within 14 days of such attempt, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (ii) Treatment of incomplete notification where complainant cannot be contacted \nIf a notification that is submitted to a provider under this subsection does not contain sufficient information under subparagraph (A)(i) to identify or locate the visual depiction that is the subject of the notification and does not contain the complainant contact information described in subparagraph (A)(ii) (or if the provider is unable to contact the complainant using such information), no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Treatment of notification not submitted to designated reporting system \nIf a provider has a designated reporting system, and a complainant submits a notification under this subsection to the provider without using such system, the provider shall not be considered to have received the notification. (E) Option to contact complainant regarding the proscribed visual depiction involving a minor \n(i) Contact with complainant \nIf the provider believes that the proscribed visual depiction involving a minor referenced in the notification does not meet the definition of such term as provided in subsection (r)(10), the provider may, not later than 48 hours after receiving the notification (or, in the case of a small provider, not later than 2 business days after such notification is received by the small provider), contact the complainant via electronic mail address to so indicate. (ii) Failure to respond \nIf the complainant does not respond to the provider within 14 days after receiving the notification, no further action by the provider is required and receipt of the notification shall not be considered in determining whether the provider has actual knowledge of any information described in the notification. (iii) Complainant response \nIf the complainant responds to the provider within 14 days after receiving the notification, the provider shall then proceed as set forth in paragraph (1), except that the applicable timeframes described in such paragraph shall commence on the day the provider receives the complainant’s response. (F) Service of notification where provider has no designated reporting system; process where complainant cannot serve provider \n(i) No designated reporting system \nIf a provider does not have a designated reporting system, a complainant may serve the provider with a notification under this subsection to the provider in the same manner that petitions are required to be served under subsection (g)(4). (ii) Complainant cannot serve provider \nIf a provider does not have a designated reporting system and a complainant cannot reasonably serve the provider with a notification as described in clause (i), the complainant may bring a petition under subsection (g)(1) without serving the provider with the notification. (G) Recidivist hosting \nIf a provider engages in recidivist hosting of a proscribed visual depiction relating to a child, in addition to any action taken under this section, a complainant may submit a report concerning such recidivist hosting to the CyberTipline operated by the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by the National Center for Missing and Exploited Children. (H) Preservation \nA provider that receives a complete notification under this subsection shall preserve the information in such notification in accordance with the requirements of sections 2713 and 2258A(h) of title 18, United States Code. For purposes of this subparagraph, the period for which providers shall be required to preserve information in accordance with such section 2258A(h) may be extended in 90-day increments on written request by the complainant or order of the Board. (I) Non-disclosure \nExcept as otherwise provided in subsection (g)(19)(C), for 120 days following receipt of a notification under this subsection, a provider may not disclose the existence of the notification to any person or entity except to an attorney for purposes of obtaining legal advice, the Board, the Commission, a law enforcement agency described in subparagraph (A), (B), or (C) of section 2258A(g)(3) of title 18, United States Code, the National Center for Missing and Exploited Children, or as necessary to respond to legal process. Nothing in the preceding sentence shall be construed to infringe on the provider’s ability to communicate general information about terms of service violations.", "id": "id320de132-77ec-4c66-8537-09aa21b4e2b7", "header": "Reporting and removal of proscribed visual depictions relating to children", "nested": [], "links": [] }, { "text": "(d) Establishment of Child Online Protection Board \n(1) In general \nThere is established in the Federal Trade Commission a Child Online Protection Board, which shall administer and enforce the requirements of subsection (e) in accordance with this section. (2) Officers and staff \nThe Board shall be composed of 3 full-time Child Online Protection Officers who shall be appointed by the Commission in accordance with paragraph (5)(A). A vacancy on the Board shall not impair the right of the remaining Child Online Protection Officers to exercise the functions and duties of the Board. (3) Child online protection attorneys \nNot fewer than 2 full-time Child Online Protection Attorneys shall be hired to assist in the administration of the Board. (4) Technological adviser \nOne or more technological advisers may be hired to assist with the handling of digital evidence and consult with the Child Online Protection Officers on matters concerning digital evidence and technological issues. (5) Qualifications \n(A) Officers \n(i) In general \nEach Child Online Protection Officer shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 7 years of legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (ii) Experience \nTwo of the Child Online Protection Officers shall have substantial experience in the evaluation, litigation, or adjudication of matters relating to child sexual abuse material or technology-facilitated crimes against children. (B) Attorneys \nEach Child Online Protection Attorney shall be an attorney duly licensed in at least 1 United States jurisdiction who has not fewer than 3 years of substantial legal experience concerning child sexual abuse material and technology-facilitated crimes against children. (C) Technological adviser \nA technological adviser shall have at least one year of specialized experience with digital forensic analysis. (6) Compensation \n(A) Child Online Protection Officers \n(i) Definition \nIn this subparagraph, the term senior level employee of the Federal Government means an employee, other than an employee in the Senior Executive Service, the position of whom is classified above GS–15 of the General Schedule. (ii) Pay range \nEach Child Online Protection Officer shall be compensated at a rate of pay that is not less than the minimum, and not more than the maximum, rate of pay payable for senior level employees of the Federal Government, including locality pay, as applicable. (B) Child Online Protection Attorneys \nEach Child Online Protection Attorney shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–15 of the General Schedule, including locality pay, as applicable. (C) Technological adviser \nA technological adviser of the Board shall be compensated at a rate of pay that is not more than the maximum rate of pay payable for level 10 of GS–14 of the General Schedule, including locality pay, as applicable. (7) Vacancy \nIf a vacancy occurs in the position of Child Online Protection Officer, the Commission shall act expeditiously to appoint an Officer for that position. (8) Sanction or removal \nSubject to subsection (e)(2), the Chair of the Commission or the Commission may sanction or remove a Child Online Protection Officer. (9) Administrative support \nThe Commission shall provide the Child Online Protection Officers and Child Online Protection Attorneys with necessary administrative support, including technological facilities, to carry out the duties of the Officers and Attorneys under this section. The Department of Justice may provide equipment and guidance on the storage and handling of proscribed visual depictions relating to children. (10) Location of Board \nThe offices and facilities of the Child Online Protection Officers and Child Online Protection Attorneys shall be located at the headquarters or other office of the Commission.", "id": "idda0d3161-2102-41b0-b9cb-4ebcbbd1ace5", "header": "Establishment of Child Online Protection Board", "nested": [], "links": [] }, { "text": "(e) Authority and duties of the Board \n(1) Functions \n(A) Officers \nSubject to the provisions of this section and applicable regulations, the functions of the Officers of the Board shall be as follows: (i) To render determinations on petitions that may be brought before the Officers under this section. (ii) To ensure that petitions and responses are properly asserted and otherwise appropriate for resolution by the Board. (iii) To manage the proceedings before the Officers and render determinations pertaining to the consideration of petitions and responses, including with respect to scheduling, discovery, evidentiary, and other matters. (iv) To request, from participants and nonparticipants in a proceeding, the production of information and documents relevant to the resolution of a petition or response. (v) To conduct hearings and conferences. (vi) To facilitate the settlement by the parties of petitions and responses. (vii) To impose fines as set forth in subsection (g)(24). (viii) To provide information to the public concerning the procedures and requirements of the Board. (ix) To maintain records of the proceedings before the Officers, certify official records of such proceedings as needed, and, as provided in subsection (g)(19)(A), make the records in such proceedings available to the public. (x) To carry out such other duties as are set forth in this section. (xi) When not engaged in performing the duties of the Officers set forth in this section, to perform such other duties as may be assigned by the Chair of the Commission or the Commission. (B) Attorneys \nSubject to the provisions of this section and applicable regulations, the functions of the Attorneys of the Board shall be as follows: (i) To provide assistance to the Officers of the Board in the administration of the duties of those Officers under this section. (ii) To provide assistance to complainants, providers, and members of the public with respect to the procedures and requirements of the Board. (iii) When not engaged in performing the duties of the Attorneys set forth in this section, to perform such other duties as may be assigned by the Commission. (C) Designated service agents \nThe Board may maintain a publicly available directory of service agents designated to receive service of petitions filed with the Board. (2) Independence in determinations \n(A) In general \nThe Board shall render the determinations of the Board in individual proceedings independently on the basis of the records in the proceedings before it and in accordance with the provisions of this section, judicial precedent, and applicable regulations of the Commission. (B) Performance appraisals \nNotwithstanding any other provision of law or any regulation or policy of the Commission, any performance appraisal of an Officer or Attorney of the Board may not consider the substantive result of any individual determination reached by the Board as a basis for appraisal except to the extent that result may relate to any actual or alleged violation of an ethical standard of conduct. (3) Direction by Commission \nSubject to paragraph (2), the Officers and Attorneys shall, in the administration of their duties, be under the supervision of the Chair of the Commission. (4) Inconsistent duties barred \nAn Officer or Attorney of the Board may not undertake any duty that conflicts with the duties of the Officer or Attorney in connection with the Board, to include the obligation to render impartial determinations on petitions considered by the Board under this section. (5) Recusal \nAn Officer or Attorney of the Board shall recuse himself or herself from participation in any proceeding with respect to which the Officer or Attorney, as the case may be, has reason to believe that he or she has a conflict of interest. (6) Ex parte communications \nExcept as may otherwise be permitted by applicable law, any party or interested owner involved in a proceeding before the Board shall refrain from ex parte communications with the Officers of the Board and the Commission relevant to the merits of such proceeding before the Board. (7) Judicial review \nActions of the Officers and the Commission under this section in connection with the rendering of any determination are subject to judicial review as provided under subsection (g)(28).", "id": "iddcead378-7728-48a2-8640-fe34a7136f01", "header": "Authority and duties of the Board", "nested": [], "links": [] }, { "text": "(f) Conduct of proceedings of the Board \n(1) In general \nProceedings of the Board shall be conducted in accordance with this section and regulations established by the Commission under this section, in addition to relevant principles of law. (2) Record \nThe Board shall maintain records documenting the proceedings before the Board. (3) Centralized process \nProceedings before the Board shall— (A) be conducted at the offices of the Board without the requirement of in-person appearances by parties or others; (B) take place by means of written submissions, hearings, and conferences carried out through internet-based applications and other telecommunications facilities, except that, in cases in which physical or other nontestimonial evidence material to a proceeding cannot be furnished to the Board through available telecommunications facilities, the Board may make alternative arrangements for the submission of such evidence that do not prejudice any party or interested owner; and (C) be conducted and concluded in an expeditious manner without causing undue prejudice to any party or interested owner. (4) Representation \n(A) In general \nA party or interested owner involved in a proceeding before the Board may be, but is not required to be, represented by— (i) an attorney; or (ii) a law student who is qualified under applicable law governing representation by law students of parties in legal proceedings and who provides such representation on a pro bono basis. (B) Representation of victims \n(i) In general \nA petition involving a victim under the age of 16 at the time the petition is filed shall be filed by an authorized representative, qualified organization, or a person described in subparagraph (A). (ii) No requirement for qualified organizations to have contact with, or knowledge of, victim \nA qualified organization may submit a notification to a provider or file a petition on behalf of a victim without regard to whether the qualified organization has contact with the victim or knows the identity, location, or contact information of the victim.", "id": "idbec63994-e1c3-4394-a258-44444e49e9a9", "header": "Conduct of proceedings of the Board", "nested": [], "links": [] }, { "text": "(g) Procedures To contest a failure To remove a proscribed visual depiction relating to a child or a notification reporting a proscribed visual depiction relating to a child \n(1) Procedure to contest a failure to remove \n(A) Complainant petition \nA complainant may file a petition to the Board claiming that, as applicable— (i) the complainant submitted a complete notification to a provider concerning a proscribed visual depiction relating to a child, and that— (I) the provider— (aa) did not remove the proscribed visual depiction relating to a child within the timeframe required under subsection (c)(1)(A)(i); or (bb) incorrectly claimed that— (AA) the visual depiction at issue could not be located or removed through reasonable means; (BB) the notification was incomplete; or (CC) the notification was duplicative under subsection (c)(2)(C)(i); and (II) did not file a timely petition to contest the notification with the Board under paragraph (2); or (ii) a provider is hosting a proscribed visual depiction relating to a child, does not have a designated reporting system, and the complainant was unable to serve a notification on the provider under this subsection despite reasonable efforts. (B) Additional claim \nAs applicable, a petition filed under subparagraph (A) may also claim that the proscribed visual depiction relating to a child at issue in the petition involves recidivist hosting. (C) Timeframe \n(i) In general \nA petition under this paragraph shall be considered timely if it is filed within 30 days of the applicable start date, as defined under clause (ii). (ii) Applicable start date \nFor purposes of clause (i), the term applicable start date means— (I) in the case of a petition under subparagraph (A)(i) claiming that the visual depiction was not removed or that the provider made an incorrect claim relating to the visual depiction or notification, the day that the provider's option to file a petition has expired under paragraph (2)(B); and (II) in the case of a petition under subparagraph (A)(ii) related to a notification that could not be served, the last day of the 2-week period that begins on the day on which the complainant first attempted to serve a notification on the provider involved. (D) Identification of victim \nAny petition filed to the Board by the victim or an authorized representative of the victim shall include the victim’s legal name. A petition filed to the Board by a qualified organization may, but is not required to, include the victim's legal name. Any petition containing the victim’s legal name shall be filed under seal. The victim’s legal name shall be redacted from any documents served on the provider and interested owner or made publicly available. (E) Failure to remove visual depictions in timely manner \nA complainant may file a petition under subparagraph (A)(i) claiming that a visual depiction was not removed even if the visual depiction was removed prior to the petition being filed, so long as the petition claims that the visual depiction was not removed within the timeframe specified in subsection (c)(1). (2) Procedure to contest a notification \n(A) Provider petition \nIf a provider receives a complete notification as described in subsection (c)(2) through its designated reporting system or in accordance with subsection (c)(2)(F)(i), the provider may file a petition to the Board claiming that the provider has a good faith belief that, as applicable— (i) the visual depiction that is the subject of the notification does not constitute a proscribed visual depiction relating to a child; (ii) the notification is frivolous or was submitted with an intent to harass the provider or any person; (iii) the alleged proscribed visual depiction relating to a child cannot reasonably be located by the provider; (iv) for reasons beyond the control of the provider, the provider cannot remove the proscribed visual depiction relating to a child using reasonable means; or (v) the notification was duplicative under subsection (c)(2)(C)(i). (B) Timeframe \n(i) In general \nSubject to clauses (ii) and (iii), a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 14 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (ii) No designated reporting system \nSubject to clause (iii), if a provider does not have a designated reporting system, a petition contesting a notification under this paragraph shall be considered timely if it is filed by a provider not later than 7 days after the day on which the provider receives the notification or the notification is made complete under subsection (c)(2)(D)(i). (iii) Small providers \nIn the case of a small provider, each of the timeframes applicable under clauses (i) and (ii) shall be increased by 48 hours. (3) Commencement of proceeding \n(A) In general \nIn order to commence a proceeding under this section, a petitioning party shall, subject to such additional requirements as may be prescribed in regulations established by the Commission, file a petition with the Board, that includes a statement of claims and material facts in support of each claim in the petition. A petition may set forth more than one claim. A petition shall also include information establishing that it has been filed within the applicable timeframe. (B) Review of petitions by Child Online Protection Attorneys \nChild Online Protection Attorneys may review petitions to assess whether they are complete. The Board may permit a petitioning party to refile a defective petition. The Attorney may assist the petitioning party in making any corrections. (C) Dismissal \nThe Board may dismiss, with or without prejudice, any petition that fails to comply with subparagraph (A). (4) Service of process requirements for petitions \n(A) In general \nFor purposes of petitions under paragraphs (1) and (2), the petitioning party shall, at or before the time of filing a petition, serve a copy on the other party. A corporation, partnership, or unincorporated association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a copy of the petition to its service agent, if one has been so designated. (B) Manner of Service \n(i) Service by nondigital means \nService by nondigital means may be any of the following: (I) Personal, including delivery to a responsible person at the office of counsel. (II) By priority mail. (III) By third-party commercial carrier for delivery within 3 days. (ii) Service by digital means \nService of a paper may be made by sending it by any digital means, including through a provider's designated reporting system. (iii) When service is completed \nService by mail or by commercial carrier is complete 3 days after the mailing or delivery to the carrier. Service by digital means is complete on filing or sending, unless the party making service is notified that the paper was not received by the party served. (C) Proof of service \nA petition filed under paragraph (1) or (2) shall contain— (i) an acknowledgment of service by the person served; (ii) proof of service consisting of a statement by the person who made service certifying— (I) the date and manner of service; (II) the names of the persons served; and (III) their mail or electronic addresses, facsimile numbers, or the addresses of the places of delivery, as appropriate for the manner of service; or (iii) a statement indicating that service could not reasonably be completed. (D) Attorney fees and costs \nExcept as otherwise provided in this subsection, all parties to a petition shall bear their own attorney fees and costs. (5) Service of other documents \nDocuments submitted or relied upon in a proceeding, other than the petition, shall be served in accordance with regulations established by the Commission. (6) Notification of right to opt out \nIn order to effectuate service on a responding party, the petition shall notify the responding party of their right to opt out of the proceeding before the Board, and the consequences of opting out and not opting out, including a prominent statement that by not opting out the respondent— (A) loses the opportunity to have the dispute decided by a court created under article III of the Constitution of the United States; and (B) waives the right to a jury trial regarding the dispute. (7) Initial proceedings \n(A) Conference \nWithin 1 week of completion of service of a petition under paragraph (4), 1 or more Officers of the Board shall hold a conference to address the matters described in subparagraphs (B) and (C). (B) Opt-out procedure \nAt the conference, an Officer of the Board shall explain that the responding party has a right to opt out of the proceeding before the Board, and describe the consequences of opting out and not opting out as described in paragraph (6). A responding party shall have a period of 30 days, beginning on the date of the conference, in which to provide written notice of such choice to the petitioning party and the Board. If the responding party does not submit an opt-out notice to the Board within that 30-day period, the proceeding shall be deemed an active proceeding and the responding party shall be bound by the determination in the proceeding. If the responding party opts out of the proceeding during that 30-day period, the proceeding shall be dismissed without prejudice. (C) Disabling access \nAt the conference, except for petitions setting forth claims described in clauses (iii) and (iv) of paragraph (2)(A), an Officer of the Board shall order the provider involved to disable public and user access to the alleged proscribed visual depiction relating to a child at issue in the petition for the pendency of the proceeding, including judicial review as provided in subsection (g)(28), unless the Officer of the Board finds that— (i) it is likely that the Board will find that the petition is frivolous or was filed with an intent to harass any person; (ii) there is a probability that disabling public and user access to such visual depiction will cause irreparable harm; (iii) the balance of equities weighs in favor of preserving public and user access to the visual depiction; and (iv) disabling public and user access to the visual depiction is contrary to the public interest. (D) Effect of failure to disable access \n(i) Provider petition \nIf the petition was filed by a provider, and the provider fails to comply with an order issued pursuant to subparagraph (B), the Board may— (I) dismiss the petition with prejudice; and (II) refer the matter to the Attorney General. (ii) Effect of dismissal \nIf a provider’s petition is dismissed under clause (i)(I), the complainant may bring a petition under paragraph (1) as if the provider did not file a petition within the timeframe specified in paragraph (2)(B). For purposes of paragraph (1)(C)(ii), the applicable start date shall be the date the provider’s petition was dismissed. (iii) Complainant petition \nIf the petition was filed by a complainant, and the provider fails to comply with an order issued pursuant to subparagraph (B), the Board— (I) shall— (aa) expedite resolution of the petition; and (bb) refer the matter to the Attorney General; and (II) may apply an adverse inference with respect to disputed facts against such provider. (8) Scheduling \nUpon receipt of a complete petition and at the conclusion of the opt out procedure described in paragraph (7), the Board shall issue a schedule for the future conduct of the proceeding. A schedule issued by the Board may be amended by the Board in the interests of justice. (9) Conferences \nOne or more Officers of the Board may hold a conference to address case management or discovery issues in a proceeding, which shall be noted upon the record of the proceeding and may be recorded or transcribed. (10) Party submissions \nA proceeding of the Board may not include any formal motion practice, except that, subject to applicable regulations and procedures of the Board— (A) the parties to the proceeding and an interested owner may make requests to the Board to address case management and discovery matters, and submit responses thereto; and (B) the Board may request or permit parties and interested owners to make submissions addressing relevant questions of fact or law, or other matters, including matters raised sua sponte by the Officers of the Board, and offer responses thereto. (11) Discovery \n(A) In general \nDiscovery in a proceeding shall be limited to the production of relevant information and documents, written interrogatories, and written requests for admission, as provided in regulations established by the Commission, except that— (i) upon the request of a party, and for good cause shown, the Board may approve additional relevant discovery, on a limited basis, in particular matters, and may request specific information and documents from parties in the proceeding, consistent with the interests of justice; (ii) upon the request of a party or interested owner, and for good cause shown, the Board may issue a protective order to limit the disclosure of documents or testimony that contain confidential information; (iii) after providing notice and an opportunity to respond, and upon good cause shown, the Board may apply an adverse inference with respect to disputed facts against a party or interested owner who has failed to timely provide discovery materials in response to a proper request for materials that could be relevant to such facts; and (iv) an interested owner shall only produce or receive discovery to the extent it relates to whether the visual depiction at issue constitutes a proscribed visual depiction relating to a child. (B) Privacy \nAny alleged proscribed visual depiction relating to a child received by the Board or the Commission as part of a proceeding shall be filed under seal and shall remain in the care, custody, and control of the Board or the Commission. For purposes of discovery, the Board or Commission shall make the proscribed visual depiction relating to a child reasonably available to the parties and interested owner but shall not provide copies. The privacy protections described in section 3509(d) of title 18, United States Code, shall apply to the Board, Commission, provider, complainant, and interested owner. (12) Responses \nThe responding party may refute any of the claims or factual assertions made by the petitioning party, and may also claim that the petition was not filed in the applicable timeframe or is barred under subsection (h). If a complainant is the petitioning party, a provider may additionally claim in response that the notification was incomplete and could not be made complete under subsection (c)(2)(D)(i). The petitioning party may refute any responses submitted by the responding party. (13) Interested owner \nAn individual notified under paragraph (19)(C)(ii) may, within 14 days of being so notified, file a motion to join the proceeding for the limited purpose of claiming that the visual depiction at issue does not constitute a proscribed visual depiction relating to a child. The Board shall serve the motion on both parties. Such motion shall include a factual basis and a signed statement, submitted under penalty of perjury, indicating that the individual produced or created the visual depiction at issue. The Board shall dismiss any motion that does not include the signed statement or that was submitted by an individual who did not produce or create the visual depiction at issue. If the motion is granted, the interested owner may also claim that the notification and petition were filed with an intent to harass the interested owner. Any party may refute the claims and factual assertions made by the interested owner. (14) Evidence \nThe Board may consider the following types of evidence in a proceeding, and such evidence may be admitted without application of formal rules of evidence: (A) Documentary and other nontestimonial evidence that is relevant to the petitions or responses in the proceeding. (B) Testimonial evidence, submitted under penalty of perjury in written form or in accordance with paragraph (15), limited to statements of the parties and nonexpert witnesses, that is relevant to the petitions or responses in a proceeding, except that, in exceptional cases, expert witness testimony or other types of testimony may be permitted by the Board for good cause shown. (15) Hearings \nUnless waived by all parties, the Board shall conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding, including oral testimony, subject to the following: (A) Any such hearing shall be attended by not fewer than two of the Officers of the Board. (B) The hearing shall be noted upon the record of the proceeding and, subject to subparagraph (C), may be recorded or transcribed as deemed necessary by the Board. (C) A recording or transcript of the hearing shall be made available to any Officer of the Board who is not in attendance. (16) Voluntary dismissal \n(A) By petitioning party \nUpon the written request of a petitioning party, the Board shall dismiss the petition, with or without prejudice. (B) By responding party or interested owner \nUpon written request of a responding party or interested owner, the Board shall dismiss any responses to the petition, and shall consider all claims and factual assertions in the petition to be true. (17) Factual findings \nSubject to paragraph (11)(A)(iii), the Board shall make factual findings based upon a preponderance of the evidence. (18) Determinations \n(A) Nature and contents \nA determination rendered by the Board in a proceeding shall— (i) be reached by a majority of the Board; (ii) be in writing, and include an explanation of the factual and legal basis of the determination; and (iii) include a clear statement of all fines, costs, and other relief awarded. (B) Dissent \nAn Officer of the Board who dissents from a decision contained in a determination under subparagraph (A) may append a statement setting forth the grounds for that dissent. (19) Publication and disclosure \n(A) Publication \nEach final determination of the Board shall be made available on a publicly accessible website, except that the final determination shall be redacted to protect confidential information that is the subject of a protective order under paragraph (11)(A)(ii) or information protected pursuant to paragraph (11)(B) and any other information protected from public disclosure under the Federal Trade Commission Act or any other applicable provision of law. (B) Freedom of information act \nAll information relating to proceedings of the Board under this section is exempt from disclosure to the public under section 552(b)(3) of title 5, except for determinations, records, and information published under subparagraph (A). Any information that is disclosed under this subparagraph shall have redacted any information that is the subject of a protective order under paragraph (11)(A)(ii) or protected pursuant to paragraph (11)(B). (C) Effect of petition on non-disclosure period \n(i) Submission of a petition extends the non-disclosure period under subsection (c)(2)(I) for the pendency of the proceeding. The provider may submit an objection to the Board that nondisclosure is contrary to the interests of justice. The complainant may, but is not required to, respond to the objection. The Board should sustain the objection unless there is reason to believe that the circumstances in section 3486(a)(6)(B) of title 18, United States Code, exist and outweigh the interests of justice. (ii) If the Board sustains an objection to the nondisclosure period, the provider or the Board may notify the apparent owner of the visual depiction in question about the proceeding, and include instructions on how the owner may move to join the proceeding under paragraph (13). (iii) If applicable, the nondisclosure period expires 120 days after the Board’s determination becomes final, except it shall expire immediately upon the Board's determination becoming final if the Board finds that the visual depiction is not a proscribed visual depiction relating to a minor. (iv) The interested owner of a visual depiction may not bring any legal action against any party related to the proscribed visual depiction relating to a child until the Board’s determination is final. Once the determination is final, the owner of the visual depiction may pursue any legal relief available under the law, subject to subsections (h), (k), and (l). (20) Responding party’s default \nIf the Board finds that service of the petition on the responding party could not reasonably be completed, or the responding party has failed to appear or has ceased participating in a proceeding, as demonstrated by the responding party’s failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may enter a default determination, including the dismissal of any responses asserted by the responding party, as follows and in accordance with such other requirements as the Commission may establish by regulation: (A) The Board shall require the petitioning party to submit relevant evidence and other information in support of the petitioning party’s claims and, upon review of such evidence and any other requested submissions from the petitioning party, shall determine whether the materials so submitted are sufficient to support a finding in favor of the petitioning party under applicable law and, if so, the appropriate relief and damages, if any, to be awarded. (B) If the Board makes an affirmative determination under subparagraph (A), the Board shall prepare a proposed default determination, and shall provide written notice to the responding party at all addresses, including electronic mail addresses, reflected in the records of the proceeding before the Board, of the pendency of a default determination by the Board and of the legal significance of such determination. Such notice shall be accompanied by the proposed default determination and shall provide that the responding party has a period of 30 days, beginning on the date of the notice, to submit any evidence or other information in opposition to the proposed default determination. (C) If the responding party responds to the notice provided under subparagraph (B) within the 30-day period provided in such subparagraph, the Board shall consider responding party’s submissions and, after allowing the petitioning party to address such submissions, maintain, or amend its proposed determination as appropriate, and the resulting determination shall not be a default determination. (D) If the respondent fails to respond to the notice provided under subparagraph (B), the Board shall proceed to issue the default determination. Thereafter, the respondent may only challenge such determination to the extent permitted under paragraph (28). (21) Petitioning party or interested owner’s failure to proceed \nIf a petitioning party or interested owner who has joined the proceeding fails to proceed, as demonstrated by the failure, without justifiable cause, to meet one or more deadlines or requirements set forth in the schedule adopted by the Board, the Board may, upon providing written notice to the petitioning party or interested owner and a period of 30 days, beginning on the date of the notice, to respond to the notice, and after considering any such response, issue a determination dismissing the claims made by the petitioning party or interested owner. The Board may order the petitioning party to pay attorney fees and costs under paragraph (26)(B), if appropriate. Thereafter, the petitioning party may only challenge such determination to the extent permitted under paragraph (28). (22) Request for reconsideration \nA party or interested owner may, within 30 days after the date on which the Board issues a determination under paragraph (18), submit to the Board a written request for reconsideration of, or an amendment to, such determination if the party or interested owner identifies a clear error of law or fact material to the outcome, or a technical mistake. After providing the other parties an opportunity to address such request, the Board shall either deny the request or issue an amended determination. (23) Review by Commission \nIf the Board denies a party or interested owner a request for reconsideration of a determination under paragraph (22), the party or interested owner may, within 30 days after the date of such denial, request review of the determination by the Commission in accordance with regulations established by the Commission. After providing the other party or interested owner an opportunity to address the request, the Commission shall either deny the request for review, or remand the proceeding to the Board for reconsideration of issues specified in the remand and for issuance of an amended determination. Such amended determination shall not be subject to further consideration or review, other than under paragraph (28). (24) Favorable ruling on complainant petition \n(A) In general \nIf the Board grants a complainant’s petition filed under this section, notwithstanding any other law, the Board shall— (i) order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction; (ii) impose a fine of $50,000 per proscribed visual depiction relating to a child covered by the determination, but if the Board finds that— (I) the provider removed the proscribed visual depiction relating to a child after the period set forth in subsection (c)(1)(A)(i), but before the complainant filed a petition, such fine shall be $25,000; (II) the provider has engaged in recidivist hosting for the first time with respect to the proscribed visual depiction relating to a child in question, such fine shall be $100,000 per proscribed visual depiction relating to a child; or (III) the provider has engaged in recidivist hosting of the proscribed visual depiction relating to a child in question 2 or more times, such fine shall be $200,000 per proscribed visual depiction relating to a child; (iii) order the provider to pay reasonable costs to the complainant; and (iv) refer any matters involving intentional or willful conduct by a provider with respect to a proscribed visual depiction relating to a child, or recidivist hosting, to the Attorney General for prosecution under any applicable laws. (B) Provider payment of fine and costs \nNotwithstanding any other law, the Board shall direct a provider to promptly pay fines and costs imposed under subparagraph (A) as follows: (i) If the petition was filed by a victim, such fine and costs shall be paid to the victim. (ii) If the petition was filed by an authorized representative of a victim— (I) 30 percent of such fine shall be paid to the authorized representative and 70 percent of such fine paid to the victim; and (II) costs shall be paid to the authorized representative. (iii) If the petition was filed by a qualified organization— (I) the fine shall be paid to the Child Pornography Victims Reserve as provided in section 2259B of title 18, United States Code; and (II) costs shall be paid to the qualified organization. (25) Effect of denial of provider petition \n(A) In general \nIf the Board denies a provider’s petition to contest a notification filed under paragraph (2), it shall order the provider to immediately remove the proscribed visual depiction relating to a child, and to permanently delete all copies of the visual depiction known to and under the control of the provider unless the Board orders the provider to preserve the visual depiction. (B) Referral for failure to remove material \nIf a provider does not remove and, if applicable, permanently delete a proscribed visual depiction relating to a child within 48 hours of the Board issuing a determination under subparagraph (A), or not later than 2 business days of the Board issuing a determination under subparagraph (A) concerning a small provider, the Board shall refer the matter to the Attorney General for prosecution under any applicable laws. (C) Costs for frivolous petition \nIf the Board finds that a provider filed a petition under paragraph (2) for a harassing or improper purpose or without reasonable basis in law or fact, the Board shall order the provider to pay the reasonable costs of the complainant. (26) Effect of denial of complainant's petition or favorable ruling on provider's petition \n(A) Restoration \nIf the Board grants a provider’s petition filed under paragraph (2) or if the Board denies a petition filed by the complainant under paragraph (1), the provider may restore access to any visual depiction that was at issue in the proceeding. (B) Costs for incomplete or frivolous notification and harassment \nIf, in granting or denying a petition as described in subparagraph (A), the Board finds that the notification contested in the petition could not be made complete under subsection (c)(2)(D), is frivolous, or is duplicative under subsection (c)(2)(C)(i), the Board may order the complainant to pay costs to the provider and any interested owner, which shall not exceed a total of $10,000, or, if the Board finds that the complainant filed the notification with an intent to harass the provider or any person, a total of $15,000. (27) Civil action; other relief \n(A) In general \nWhenever any provider or complainant fails to comply with a final determination of the Board issued under paragraph (18), the Department of Justice may commence a civil action in a district court of the United States to enforce compliance with such determination. (B) Savings clause \nNothing in this section shall be construed to limit the authority of the Commission or Department of Justice under any other provision of law. (28) Challenges to the determination \n(A) Bases for challenge \nNot later than 45 days after the date on which the Board issues a determination or amended determination in a proceeding, or not later than 45 days after the date on which the Board completes any process of reconsideration or the Commission completes a review of the determination, whichever occurs later, a party may seek an order from a district court, located where the provider or complainant conducts business or resides, vacating, modifying, or correcting the determination of the Board in the following cases: (i) If the determination was issued as a result of fraud, corruption, misrepresentation, or other misconduct. (ii) If the Board exceeded its authority or failed to render a determination concerning the subject matter at issue. (iii) In the case of a default determination or determination based on a failure to prosecute, if it is established that the default or failure was due to excusable neglect. (B) Procedure to challenge \n(i) Notice of application \nNotice of the application to challenge a determination of the Board shall be provided to all parties to the proceeding before the Board, in accordance with the procedures applicable to service of a motion in the court where the application is made. (ii) Staying of proceedings \nFor purposes of an application under this paragraph, any judge who is authorized to issue an order to stay the proceedings in an any other action brought in the same court may issue an order, to be served with the notice of application, staying proceedings to enforce the award while the challenge is pending. (29) Final determination \nA determination of the Board shall be final on the date that all opportunities for a party or interested owner to seek reconsideration or review of a determination under paragraph (22) or (23), or for a party to challenge the determination under paragraph (28), have expired or are exhausted.", "id": "id57ac12ca-300b-4e27-aaee-5018c59009f5", "header": "Procedures To contest a failure To remove a proscribed visual depiction relating to a child or a notification reporting a proscribed visual depiction relating to a child", "nested": [], "links": [] }, { "text": "(h) Effect of proceeding \n(1) Subsequent proceedings \nThe issuance of a final determination by the Board shall preclude the filing by any party of any subsequent petition that is based on the notification at issue in the final determination. This paragraph shall not limit the ability of any party to file a subsequent petition based on any other notification. (2) Determination \nExcept as provided in paragraph (1), the issuance of a final determination by the Board, including a default determination or determination based on a failure to prosecute, shall preclude relitigation of any allegation, factual claim, or response in any subsequent legal action or proceeding before any court, tribunal, or the Board, and may be relied upon for such purpose in a future action or proceeding arising from the same specific activity, subject to the following: (A) No party or interested owner may relitigate any allegation, factual claim, or response that was properly asserted and considered by the Board in any subsequent proceeding before the Board involving the same parties or interested owner and the same proscribed visual depiction relating to a minor. (B) A finding by the Board that a visual depiction constitutes a proscribed visual depiction relating to a child— (i) may not be relitigated in any civil proceeding brought by an interested owner; and (ii) may not be relied upon, and shall not have preclusive effect, in any other action or proceeding involving any party before any court or tribunal other than the Board. (C) A determination by the Board shall not preclude litigation or relitigation as between the same or different parties before any court or tribunal other than the Board of the same or similar issues of fact or law in connection with allegations or responses not asserted or not finally determined by the Board. (D) Except to the extent permitted under this subsection, any final determination of the Board may not be cited or relied upon as legal precedent in any other action or proceeding before any court or tribunal other than the Board. (3) Other materials in proceeding \nA submission or statement of a party, interested owner, or witness made in connection with a proceeding before the Board, including a proceeding that is dismissed, may not serve as the basis of any action or proceeding before any court or tribunal except for any legal action related to perjury or for conduct described in subsection (k)(2). A statement of a party, interested owner, or witness may be received as evidence, in accordance with applicable rules, in any subsequent legal action or proceeding before any court, tribunal, or the Board. (4) Failure to assert response \nExcept as provided in paragraph (1), the failure or inability to assert any allegation, factual claim, or response in a proceeding before the Board shall not preclude the assertion of that response in any subsequent legal action or proceeding before any court, tribunal, or the Board.", "id": "id1d4bcfe7-f9ad-4650-b7d0-7afe4b858b46", "header": "Effect of proceeding", "nested": [], "links": [] }, { "text": "(i) Administration \nThe Commission may issue regulations in accordance with section 553 of title 5, United States Code, to implement this section.", "id": "id0bd41a02-a17b-4c44-abab-5fc436394906", "header": "Administration", "nested": [], "links": [] }, { "text": "(j) Study \n(1) In general \nNot later than 3 years after the date on which Child Online Protection Board issues the first determination under this section, the Commission shall conduct, and report to Congress on, a study that addresses the following: (A) The use and efficacy of the Child Online Protection Board in expediting the removal of proscribed visual depictions relating to children and resolving disputes concerning said visual depictions, including the number of proceedings the Child Online Protection Board could reasonably administer with current allocated resources. (B) Whether adjustments to the authority of the Child Online Protection Board are necessary or advisable, including with respect to permissible claims, responses, fines, costs, and joinder by interested parties. (C) Whether the Child Online Protection Board should be permitted to expire, be extended, or be expanded. (D) Such other matters as the Commission believes may be pertinent concerning the Child Online Protection Board. (2) Consultation \nIn conducting the study and completing the report required under paragraph (1), the Commission shall, to the extent feasible, consult with complainants, victims, and providers to include their views on the matters addressed in the study and report.", "id": "id467c372e-91ca-4fae-b233-9b1316b34a13", "header": "Study", "nested": [], "links": [] }, { "text": "(k) Limited liability \n(1) In general \nExcept as provided in paragraph (2), a civil claim or criminal charge against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4), for distributing, receiving, accessing, or possessing a proscribed visual depiction relating to a child for the sole and exclusive purpose of complying with the requirements of this section, or for the sole and exclusive purpose of seeking or providing legal advice in order to comply with this section, may not be brought in any Federal or State court. (2) Intentional, reckless, or other misconduct \nParagraph (1) shall not apply to a claim against the Board, a provider, a complainant, interested owner, or representative under subsection (f)(4)— (A) for any conduct unrelated to compliance with the requirements of this section; (B) if the Board, provider, complainant, interested owner, or representative under subsection (f)(4) (as applicable)— (i) engaged in intentional misconduct; or (ii) acted, or failed to act— (I) with actual malice; or (II) with reckless disregard to a substantial risk of causing physical injury without legal justification; or (C) in the case of a claim against a complainant, if the complainant falsely claims to be a victim, an authorized representative of a victim, or a qualified organization. (3) Minimizing access \nThe Board, a provider, a complainant, an interested owner, or a representative under subsection (f)(4) shall— (A) minimize the number of individuals that are provided access to any alleged, contested, or actual proscribed visual depictions relating to a child under this section; (B) ensure that any alleged, contested, or actual proscribed visual depictions relating to a child are transmitted and stored in a secure manner and are not distributed to or accessed by any individual other than as needed to implement this section; and (C) ensure that all copies of any proscribed visual depictions relating to a child are permanently deleted upon a request from the Board, Commission, or the Federal Bureau of Investigation.", "id": "id455d7d4b-c524-45f3-9c57-be4e7f500195", "header": "Limited liability", "nested": [], "links": [] }, { "text": "(l) Provider immunity from claims based on removal of visual depiction \nA provider shall not be liable to any person for any claim based on the provider’s good faith removal of any alleged proscribed visual depiction relating to a child pursuant to a notification under this section, regardless of whether the visual depiction is found to be a proscribed visual depiction relating to a child by the Board.", "id": "idcb3f1b27-b800-4d74-b3e5-6f443c0d63e8", "header": "Provider immunity from claims based on removal of visual depiction", "nested": [], "links": [] }, { "text": "(m) Continued applicability of Federal, State, and Tribal law \n(1) In general \nThis Act shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law. (2) No preemption \nNothing in this Act shall prohibit a State or Tribal government from adopting and enforcing a provision of law governing child sex abuse material that is at least as protective of the rights of a victim as this section.", "id": "id30588d52-65a0-4615-b228-7d07fdac92f3", "header": "Continued applicability of Federal, State, and Tribal law", "nested": [], "links": [] }, { "text": "(n) Discovery \nNothing in this Act affects discovery, a subpoena or any other court order, or any other judicial process otherwise in accordance with Federal or State law.", "id": "id4b6ed1b9-82a3-43fb-b1be-16799bdba891", "header": "Discovery", "nested": [], "links": [] }, { "text": "(o) Rule of construction \nNothing in this section shall be construed to relieve a provider from any obligation imposed on the provider under section 2258A of title 18, United States Code.", "id": "idb8e0b4dc-fd53-4bfc-b94f-4440232cf51c", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(p) Funding \nThere are authorized to be appropriated to pay the costs incurred by the Commission under this section, including the costs of establishing and maintaining the Board and its facilities, $40,000,000 for each year during the period that begins with the year in which this Act is enacted and ends with the year in which certain subsections of this section expire under subsection (q).", "id": "id6a8fbf94-e62e-46e4-9267-c37b7e62f2fc", "header": "Funding", "nested": [], "links": [] }, { "text": "(q) Sunset \nExcept for subsections (a), (h), (k), (l), (m), (n), (o), and (r), this section shall expire 5 years after the date on which the Child Online Protection Board issues its first determination under this section.", "id": "id62eee4ca-1d92-49dd-b485-09d56e85a7fa", "header": "Sunset", "nested": [], "links": [] }, { "text": "(r) Definitions \nIn this section: (1) Board \nThe term Board means the Child Online Protection Board established under subsection (d). (2) Child sexual abuse material \nThe term child sexual abuse material has the meaning provided in section 2256(8) of title 18, United States Code. (3) Commission \nThe term Commission means the Federal Trade Commission. (4) Complainant \nThe term complainant means— (A) the victim appearing in the proscribed visual depiction relating to a child; (B) an authorized representative of the victim appearing in the proscribed visual depiction relating to a child; or (C) a qualified organization. (5) Designated reporting system \nThe term designated reporting system means a digital means of submitting a notification to a provider under this subsection that is publicly and prominently available, easily accessible, and easy to use. (6) Host \nThe term host means to store or make a visual depiction available or accessible to the public or any users through digital means or on a system or network controlled or operated by or for a provider. (7) Identifiable person \nThe term identifiable person means a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. (8) Interested owner \nThe term interested owner means an individual who has joined a proceeding before the Board under subsection (g)(13). (9) Party \nThe term party means the complainant or provider. (10) Proscribed visual depiction relating to a child \nThe term proscribed visual depiction relating to a child means child sexual abuse material or a related exploitive visual depiction. (11) Provider \nThe term provider means a provider of an interactive computer service, as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), and for purposes of subsections (k) and (l), includes any director, officer, employee, or agent of such provider. (12) Qualified organization \nThe term qualified organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of that Code that works to address child sexual abuse material and to support victims of child sexual abuse material. (13) Recidivist hosting \nThe term recidivist hosting means, with respect to a provider, that the provider removes a proscribed visual depiction relating to a child pursuant to a notification or determination under this subsection, and then subsequently hosts a visual depiction that has the same hash value or other technical identifier as the visual depiction that had been so removed. (14) Related exploitive visual depiction \nThe term related exploitive visual depiction means a visual depiction of an identifiable person of any age where— (A) such visual depiction does not constitute child sexual abuse material, but is published with child sexual abuse material depicting that person; and (B) there is a connection between such visual depiction and the child sexual abuse material depicting that person that is readily apparent from— (i) the content of such visual depiction and the child sexual abuse material; or (ii) the context in which such visual depiction and the child sexual abuse material appear. (15) Small provider \nThe term small provider means a provider that, for the most recent calendar year, averaged less than 10,000,000 active users on a monthly basis in the United States. (16) Victim \n(A) In general \nThe term victim means an individual of any age who is depicted in child sexual abuse material while under 18 years of age. (B) Assumption of rights \nIn the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by a court, may assume the victim's rights to submit a notification or file a petition under this section, but in no event shall an individual who produced or conspired to produce the child sexual abuse material depicting the victim be named as such representative or guardian. (17) Visual depiction \nThe term visual depiction has the meaning provided in section 2256(5) of title 18, United States Code.", "id": "idf9ff78fa-233a-472f-99a8-30a1f477ae60", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] } ], "links": [ { "text": "47 U.S.C. 230", "legal-doc": "usc", "parsable-cite": "usc/47/230" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "7. Severability \nIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.", "id": "id6a7f2c14-5519-4b00-8fcd-fcd3cd947aa6", "header": "Severability", "nested": [], "links": [] } ]

[ "Advisory bodies", "Child safety and welfare", "Civil actions and liability", "Computers and information technology", "Crime victims", "Crimes against children", "Criminal justice information and records", "Criminal procedure and sentencing", "Domestic violence and child abuse", "Evidence and witnesses", "Executive agency funding and structure", "Federal Trade Commission (FTC)", "Government information and archives", "Government studies and investigations", "Government trust funds", "Internet, web applications, social media", "Judicial procedure and administration", "Law enforcement officers", "Legal fees and court costs", "Performance measurement", "Pornography", "Right of privacy", "Smuggling and trafficking" ]

[ { "text": "1. Short title \nThis Act may be cited as the Promoting a Resolution to the Tibet-China Conflict Act.", "id": "H6E5A2ED4916E4262835A10751D52D0C9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) It has been the long-standing policy of the United States to encourage meaningful and direct dialogue between People’s Republic of China authorities and the Dalai Lama or his representatives, without preconditions, to seek a settlement that resolves differences. (2) Ten rounds of dialogue held between 2002 and 2010 between the People’s Republic of China authorities and the 14th Dalai Lama’s representatives failed to produce a settlement that resolved differences, and the two sides have not met since January 2010. (3) An obstacle to further dialogue is that the Government of the People’s Republic of China continues to impose conditions on His Holiness the Dalai Lama for a resumption of dialogue, including a demand that he say that Tibet has been part of China since ancient times, which the Dalai Lama has refused to do because it is false. (4) United States Government statements that the United States considers Tibet a part of the People’s Republic of China have reflected the reality on the ground that the Government of the People’s Republic of China has exerted effective control over Tibet. (5) The United States Government has never taken the position that Tibet was a part of China since ancient times or that the means by which the Government of the People’s Republic of China came to exert effective control over Tibet was consistent with international law or included the free or meaningful consent of the Tibetan people. (6) United States Government documents dated January 9, 1919, June 1, 1944, June 17, 1949, April 4, 1951, December 3, 1951, March 23, 1961, and February 14, 1963, listed Tibet as an entity separate and distinct from China. (7) Article 1 of the International Covenant on Civil and Political Rights and Article 1 the International Covenant on Economic, Social and Cultural Rights provide that All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.. (8) Under international law, including United Nations General Assembly Resolution 2625, the right to self-determination is the right of a people to determine its own destiny and the exercise of this right can result in a variety of outcomes ranging from independence, federation, protection, some form of autonomy or full integration within a State. (9) United Nations General Assembly Resolution 1723, adopted on December 20, 1961, called for the cessation of practices which deprive the Tibetan people of their fundamental human rights and freedoms, including their right to self-determination.. (10) In a December 30, 1950, note to the Governments of the United Kingdom and India, the Department of State wrote that The United States, which was one of the early supporters of the principle of self-determination of peoples, believes that the Tibetan people has the same inherent right as any other to have the determining voice in its political destiny. It is believed further that, should developments warrant, consideration could be given to recognition of Tibet as an independent State.. (11) In a June 2, 1951, telegram to the United States Embassy in New Delhi, the State Department wrote that Tibet should not be compelled by duress [to] accept [the] violation [of] its autonomy and that the Tibetan people should enjoy certain rights [of] self-determination, commensurate with [the] autonomy Tibet has maintained since [the] Chinese revolution.. (12) Secretary of State Antony Blinken, in a May 26, 2022, speech entitled The Administration’s Approach to the People’s Republic of China, said that the rules-based international order's founding documents include the UN Charter and the Universal Declaration of Human Rights, which enshrined concepts like self-determination, sovereignty, the peaceful settlement of disputes. These are not Western constructs. They are reflections of the world’s shared aspirations.. (13) The Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note), in directing the United States Government to promote the human rights and distinct religious, cultural, linguistic, and historical identity of the Tibetan people acknowledges that the Tibetan people possess a distinct religious, cultural, linguistic, and historical identity. (14) Department of State reports on human rights and religious freedom have consistently documented repression by the People’s Republic of China authorities against Tibetans as well as acts of defiance and resistance by Tibetan people against the People’s Republic of China policies. (15) Section 355 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( Public Law 102–138 ; 105 Stat. 713) stated that it is the sense of Congress that— (A) Tibet, including those areas incorporated into the Chinese provinces of Sichuan, Yunnan, Gansu, and Qinghai, is an occupied country under the established principles of international law ; (B) Tibet’s true representatives are the Dalai Lama and the Tibetan Government in exile as recognized by the Tibetan people ; (C) Tibet has maintained throughout its history a distinctive and sovereign national, cultural, and religious identity separate from that of China and, except during periods of illegal Chinese occupation, has maintained a separate and sovereign political and territorial identity ; (D) historical evidence of this separate identity may be found in Chinese archival documents and traditional dynastic histories, in United States recognition of Tibetan neutrality during World War II, and in the fact that a number of countries including the United States, Mongolia, Bhutan, Sikkim, Nepal, India, Japan, Great Britain, and Russia recognized Tibet as an independent nation or dealt with Tibet independently of any Chinese government ; (E) 1949–1950, China launched an armed invasion of Tibet in contravention of international law ; (F) it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another ; and (G) numerous United States declarations since the Chinese invasion have recognized Tibet's right to self-determination and the illegality of China's occupation of Tibet.. (16) The joint explanatory statement to accompany division K of the Consolidated Appropriations Act for Fiscal Year 2023 ( Public Law 117–328 ) states that Funds appropriated by the Act shall not be used to produce or disseminate documents, maps, or other materials that recognize or identify Tibet, including the Tibet Autonomous Region and other Tibetan autonomous counties and prefectures, as part of the PRC until the Secretary of State reports to the appropriate congressional committees that the Government of the PRC has reached a final negotiated agreement on Tibet with the Dalai Lama or his representatives or with democratically elected leaders of the Tibetan people..", "id": "HD5873B4F1AFB42E6BCD1A3A214B43066", "header": "Findings", "nested": [], "links": [ { "text": "22 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/22/6901" }, { "text": "Public Law 102–138", "legal-doc": "public-law", "parsable-cite": "pl/102/138" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "3. Statement of policy \nIt is the policy of the United States that— (1) the Tibetan people are a people entitled to the right of self-determination under international law, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and that their ability to exercise this right is precluded by the current policies of the People’s Republic of China; and (2) the conflict between Tibet and the People’s Republic of China is unresolved, and that the legal status of Tibet remains to be determined in accordance with international law.", "id": "H1644BB52E2E24214B162749A7F2B36FB", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "4. Sense of Congress \nIt is the sense of Congress that— (1) claims made by officials of the People’s Republic of China and the Chinese Communist Party that Tibet has been a part of China since ancient times are historically false; (2) the Government of the People’s Republic of China has failed to meet the expectations of the United States to engage in meaningful dialogue with the Dalai Lama or his representatives toward a peaceful settlement of the unresolved conflict between Tibet and the People’s Republic of China; and (3) United States public diplomacy efforts should counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama.", "id": "HB1DB4356FD57483AB9EF3893550289BA", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "5. Modifications to the Tibetan Policy Act of 2002 \n(a) Tibet negotiations \nSection 613(b) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) efforts to counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama.. (b) United States Special Coordinator for Tibetan Issues \nSection 621(d) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended— (1) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (5) the following: (6) work to ensure that United States Government statements and documents counter, as appropriate, disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama;. (c) Geographic definition of Tibet \nThe Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended by adding at the end the following: 622. Geographic definition of Tibet \nIn this Act and in implementing policies relating to the Tibetan people under other provisions of law, the term ‘Tibet’, unless otherwise specified, means— (1) the Tibet Autonomous Region; and (2) the Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces..", "id": "HA587A85D206D4F149741DDD95BC5B512", "header": "Modifications to the Tibetan Policy Act of 2002", "nested": [ { "text": "(a) Tibet negotiations \nSection 613(b) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) efforts to counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama..", "id": "H6B0D9E8C1EE34F618ACA79FA96A83724", "header": "Tibet negotiations", "nested": [], "links": [ { "text": "22 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/22/6901" } ] }, { "text": "(b) United States Special Coordinator for Tibetan Issues \nSection 621(d) of the Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended— (1) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (5) the following: (6) work to ensure that United States Government statements and documents counter, as appropriate, disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama;.", "id": "H63D9C174CDD041BCA227A7D1AB3ACA00", "header": "United States Special Coordinator for Tibetan Issues", "nested": [], "links": [ { "text": "22 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/22/6901" } ] }, { "text": "(c) Geographic definition of Tibet \nThe Tibetan Policy Act of 2002 ( 22 U.S.C. 6901 note) is amended by adding at the end the following: 622. Geographic definition of Tibet \nIn this Act and in implementing policies relating to the Tibetan people under other provisions of law, the term ‘Tibet’, unless otherwise specified, means— (1) the Tibet Autonomous Region; and (2) the Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces..", "id": "HCC6EB0E205BF4863976F388EBD6BE8B4", "header": "Geographic definition of Tibet", "nested": [], "links": [ { "text": "22 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/22/6901" } ] } ], "links": [ { "text": "22 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/22/6901" }, { "text": "22 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/22/6901" }, { "text": "22 U.S.C. 6901", "legal-doc": "usc", "parsable-cite": "usc/22/6901" } ] }, { "text": "622. Geographic definition of Tibet \nIn this Act and in implementing policies relating to the Tibetan people under other provisions of law, the term ‘Tibet’, unless otherwise specified, means— (1) the Tibet Autonomous Region; and (2) the Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces.", "id": "HFA1157BDC9954BCAA1BA5DA86E6A021F", "header": "Geographic definition of Tibet", "nested": [], "links": [] }, { "text": "6. Availability of amounts to counter disinformation about Tibet \nAmounts authorized to be appropriated or otherwise made available to carry out section 201(c) of the Asia Reassurance Initiative Act of 2018 ( 22 U.S.C. 2292 et seq. ) are authorized to be made available to counter disinformation about Tibet from the Government of the People’s Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions including that of the Dalai Lama.", "id": "HAA8EEBB1D7804EBC945D93CC93131C6E", "header": "Availability of amounts to counter disinformation about Tibet", "nested": [], "links": [ { "text": "22 U.S.C. 2292 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2292" } ] } ]

[ "Asia", "China", "Diplomacy, foreign officials, Americans abroad", "Human rights", "International law and treaties", "Sovereignty, recognition, national governance and status", "Tibet" ]

[ { "text": "1. Short title \nThis Act may be cited as the Disaster Assistance Deadlines Alignment Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disaster unemployment assistance application deadline \nSection 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5177 ) is amended by adding at the end the following: (c) Application deadline \n(1) In general \nWith respect to a major disaster for which assistance is provided under this section and section 408, the application deadline for an individual seeking assistance under this section shall match the application deadline for individuals and households seeking assistance under section 408. (2) Extension \nThe President may accept an application from an individual described in paragraph (1) that is submitted after the deadline described in paragraph (1) if— (A) the individual has good cause for the late submission; and (B) the individual submits the application before the date on which the period during which assistance is provided under this section for the applicable major disaster expires..", "id": "idbe80a9e4d75741489ec29326fc20f7d9", "header": "Disaster unemployment assistance application deadline", "nested": [], "links": [ { "text": "42 U.S.C. 5177", "legal-doc": "usc", "parsable-cite": "usc/42/5177" } ] }, { "text": "3. Applicability \nThe amendment made by section 2 shall apply only with respect to amounts appropriated on or after the date of enactment of this Act.", "id": "id37edb1f7170e4dfe897696c724f56760", "header": "Applicability", "nested": [], "links": [] } ]

[ "Disaster relief and insurance", "Unemployment" ]

[ { "text": "1. Short title \nThis Act may be cited as the NAPA Reauthorization Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of project \nSection 2 of the National Alzheimer's Project Act ( 42 U.S.C. 11225 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and coordination of and inserting on, and coordination of, ; (B) in paragraph (4)— (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as so redesignated, the following: (A) promotion of healthy aging and reduction of risk factors for Alzheimer's; ; (C) in paragraph (5), by striking ; and and inserting a semicolon; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: (6) provide information on, and promote the adoption of, healthy behaviors that may reduce the risk of cognitive decline and promote and protect cognitive health; and ; (2) in subsection (d)(2)— (A) by inserting , across public and private sectors, after Nation's progress ; and (B) by inserting , including consideration of public-private collaborations, as appropriate before the period; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (A), by adding at the end the following: (xi) A designee of the Department of Justice. (xii) A designee of the Federal Emergency Management Agency. (xiii) A designee of the Social Security Administration. (xiv) A designee of the Office of Management and Budget. (xv) 1 or more other designees of the Department of Health and Human Services, as determined by the Secretary of Health and Human Services. ; and (ii) in subparagraph (B)— (I) in clause (v)— (aa) by striking 2 researchers and inserting 3 researchers ; and (bb) by striking ; and and inserting , including at least one researcher with demonstrated experience in recruitment and retention of diverse cohorts of trial participants; ; (II) in clause (vi), by striking the period and inserting ; and ; and (III) by adding at the end the following: (vii) an individual with a diagnosis of Alzheimer's disease. ; (B) in paragraph (5)— (i) in subparagraph (A)— (I) by striking an initial evaluation and inserting annual evaluations ; and (II) by striking research, clinical and inserting research, risk reduction, public health, clinical ; (ii) in subparagraph (B), by striking initial ; (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking initial ; and (II) in clause (ii), by inserting and reduce disparities before the semicolon; and (iv) in subparagraph (D), by striking annually thereafter, an evaluation and inserting annual evaluations ; and (C) in paragraph (6), by striking 2025 and inserting 2035 ; (4) in subsection (g)(3)(A)(ii), by inserting and reduce disparities before the semicolon; and (5) in subsection (h), by striking 2025 and inserting 2035.", "id": "id9006EB2C9E5B4342B09109EDA38C694A", "header": "Extension of project", "nested": [], "links": [ { "text": "42 U.S.C. 11225", "legal-doc": "usc", "parsable-cite": "usc/42/11225" } ] }, { "text": "1. Short title \nThis Act may be cited as the NAPA Reauthorization Act.", "id": "ide3f434a3-cbed-4997-b026-311231f52369", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of project \nSection 2 of the National Alzheimer's Project Act ( 42 U.S.C. 11225 ) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and coordination of and inserting on, and coordination of, ; (B) in paragraph (4)— (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as so redesignated, the following: (A) promotion of healthy aging and reduction and mitigation of risk factors for Alzheimer's; ; (C) in paragraph (5)— (i) by inserting and other underserved populations, including individuals with developmental disabilities such as Down syndrome, after ethnic and racial populations ; and (ii) by striking ; and and inserting a semicolon; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: (6) provide information on, and promote the adoption of, healthy behaviors that may reduce the risk of cognitive decline and promote and protect cognitive health; and ; (2) in subsection (d)(2)— (A) by inserting , across public and private sectors, after Nation's progress ; and (B) by inserting , including consideration of public-private collaborations, as appropriate before the period; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (A), by adding at the end the following: (xi) A designee of the Department of Justice. (xii) A designee of the Federal Emergency Management Agency. (xiii) A designee of the Social Security Administration. (xiv) 2 or more other designees, as determined by the Secretary of Health and Human Services, at least one of whom has expertise in risk factors associated with the development or the progression of Alzheimer's. ; and (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking 12 and inserting 15 ; (II) in clause (v)— (aa) by striking 2 researchers and inserting 3 researchers ; and (bb) by striking ; and and inserting , including at least one researcher with demonstrated experience in recruitment and retention of diverse cohorts of trial participants; ; (III) in clause (vi), by striking the period and inserting a semicolon; and (IV) by adding at the end the following: (vii) 1 individual with a diagnosis of Alzheimer's disease; and (viii) 1 representative from a historically underserved population whose lifetime risk for developing Alzheimer's is markedly higher than that of other populations. ; (B) in paragraph (5)— (i) in subparagraph (A)— (I) by striking an initial evaluation and inserting annual evaluations ; and (II) by striking research, clinical and inserting research, risk reduction, public health, clinical ; (ii) in subparagraph (B), by striking initial ; (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking initial ; and (II) in clause (ii), by inserting and reduce disparities before the semicolon; and (iv) in subparagraph (D), by striking annually thereafter, an evaluation and inserting annual evaluations ; and (C) in paragraph (6), by striking 2025 and inserting 2035 ; (4) in subsection (g)(3)(A)(ii), by inserting and reduce disparities before the semicolon; and (5) in subsection (h), by striking 2025 and inserting 2035.", "id": "ide20d594e-40b4-4084-aaf0-13ba11620589", "header": "Extension of project", "nested": [], "links": [ { "text": "42 U.S.C. 11225", "legal-doc": "usc", "parsable-cite": "usc/42/11225" } ] } ]

[ "Advisory bodies", "Aging", "Health promotion and preventive care", "Neurological disorders" ]

[ { "text": "1. Short title \nThis Act may be cited as the Pioneering Antimicrobial Subscriptions To End Upsurging Resistance Act of 2023 or the PASTEUR Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Developing antimicrobial innovations \nTitle III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: W Developing antimicrobial innovations \n399OO. Establishment of Committee; subscription model; advisory group \n(a) In general \nNot later than 60 days after the date of enactment of this part, the Secretary shall establish a Committee on Critical Need Antimicrobials and appoint members to the Committee. (b) Members \n(1) In general \nThe Committee shall consist of at least one representative from each of the National Institute of Allergy and Infectious Diseases, the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Veterans Health Administration, and the Department of Defense. (2) Chair \nThe Secretary shall appoint as the Chair of the Committee a non-voting, independent member who may not be a member of the Committee or from an organization represented under paragraph (1). (3) Consultation \nThe Secretary shall consult with the Under Secretary of Veterans Affairs for Health and Secretary of Defense when appointing members from the Veterans Health Administration and the Department of Defense. (c) Duties \nNot later than 1 year after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, and in consultation with the Critical Need Antimicrobials Advisory Group established under subsection (g), shall do the following: (1) Develop a list of infections for which new antimicrobial drug development is needed, taking into account organisms, sites of infection, and type of infections for which there is an unmet medical need, findings from the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, or an anticipated unmet medical need, including a potential global health security threat. For the list developed under this paragraph, the Secretary, in collaboration with the Committee, may use the infection list in such most recent Antibiotic Resistance Threats in the United States report for up to 3 years following the date of enactment of this part and subsequently update the list under this paragraph in accordance with subsection (e). (2) Develop regulations, for purposes of subsection (d), outlining favored characteristics of critical need antimicrobial drugs, that are evidence based, clinically focused, and designed to treat the infections described in paragraph (1), and establishing criteria for how each such characteristic or combinations of multiple characteristics will adjust the monetary value of a subscription contract awarded under subsection (f) or section 399OO–2. The favored characteristics shall be weighed for purposes of such monetary value of the subscription contract such that meeting certain characteristics, or meeting more than one such characteristic, increases the monetary value of the subscription contract. Such favored characteristics of an antimicrobial drug shall include— (A) treating infections on the list under paragraph (1); (B) improving clinical outcomes for patients with multi-drug-resistant infections; (C) being a first-approved antimicrobial drug that has the potential to address, or has the evidence of addressing, unmet medical needs for the treatment of a serious or life-threatening infection, and, to a lesser extent, second and third drugs that treat such infections; (D) route of administration, especially through oral administration; (E) (i) containing no active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)) that has been approved in any other application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or intending to be the subject of a new biological product license application under section 351(a); (ii) being a member of a new class of drugs with a novel target or novel mode of action that are distinctly different from the target or mode of any antimicrobial drug approved under section 505 of such Act or licensed under section 351, including reduced toxicity; or (iii) not being affected by cross-resistance to any antimicrobial drug approved under such section 505 or licensed under such section 351; (F) addressing a multi-drug resistant infection through a novel chemical scaffold or mechanism of action; (G) having received a transitional subscription contract under subsection (f); and (H) any other characteristic the Committee or the Critical Need Antimicrobial Advisory Group established under subsection (g) determines necessary. (d) Regulations \n(1) In general \nNot later than 18 months after the appointment of the initial members of the Committee, the Secretary shall issue proposed regulations which shall include— (A) a process by which the sponsors can apply for an antimicrobial drug to become a critical need antimicrobial drug under section 399OO–1; (B) how subscription contracts under section 399OO–2 shall be established and paid; (C) the favored characteristics under subsection (c)(2), how such characteristics will be weighed, and the minimum number and kind of favored characteristics needed for an antimicrobial drug to be designated a critical need antimicrobial drug; and (D) other elements of the subscription contract process, in accordance with this part. (2) Development of final regulations \nBefore finalizing the regulations under paragraph (1), the Secretary shall solicit public comment and hold public meetings for the period beginning on the date on which the proposed regulations are issued and ending on the date that is 150 days after such date of issuance. The Secretary shall finalize and publish such regulations not later than 150 days after the close of such period of public comment and meetings. (3) Committee recommendations \nIn issuing regulations under this subsection, the Secretary shall consider the recommendations of the Committee under subsection (c)(2). (e) List of infections \nThe Secretary, in collaboration with the Committee, shall update the list of infections under subsection (c)(1) at least every 2 years following the development of the initial list under that subsection. (f) Transitional subscription contracts \n(1) In general \nNot earlier than 30 days after the date of enactment of this part and ending on the date that the Secretary finalizes the regulations under subsection (d), the Secretary may use up to 10 percent of the amount appropriated under section 399OO–4(a) to engage in transitional subscription contracts of up to 5 years in length with antimicrobial developers, as determined by the Secretary, that have developed antimicrobial drugs treating infections listed in the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, and may include antimicrobial drugs that are qualified infectious disease products (as defined in section 505E(g) of the Federal Food, Drug, and Cosmetic Act), innovative biological products, or innovative drugs that achieve improved clinical outcomes. Such a contract may authorize the contractor to use funds made available under the contract for completion of postmarketing clinical studies, manufacturing, and other preclinical and clinical efforts. (2) Requirements \n(A) In general \nThe Secretary, through the office described in paragraph (4), may enter into a contract under paragraph (1)— (i) if the Secretary determines that the antimicrobial drug is intended to treat an infection for which there is an unmet clinical need, an anticipated clinical need, or drug resistance; (ii) subject to terms including— (I) that the Secretary shall cease any payment installments under a transitional subscription contract if the sponsor does not— (aa) ensure commercial availability of the antimicrobial drug within 30 days of receiving first payment under the contract; (bb) identify, track, and publicly report drug resistance data, and trends using available data related to the antimicrobial drug; (cc) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (dd) submit a plan for registering the antimicrobial drug in additional countries where an unmet medical need exists, which such plan may be consistent with the Stewardship and Access Plan (SAP) Development Guide (2021); (ee) subject to subparagraph (B), ensure a reliable drug supply chain, thus leading to an interruption of the supply of the antimicrobial drug in the United States for more than 60 days; or (ff) make meaningful progress toward completion of Food and Drug Administration-required postmarketing studies, including such studies that are evidence based; and (II) other terms as determined by the Secretary; and (iii) if— (I) a phase 3 clinical study has been initiated for the antimicrobial drug; or (II) the antimicrobial drug has been approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a). (B) Waiver \nThe requirement under subparagraph (A)(ii)(I)(ee) may be waived in the case that an emergency prohibits access to a reliable drug supply chain. (3) Transitional guidance \nNot later than 120 days after the appointment of the initial members of the Committee, the Secretary shall issue, in consultation with the Committee, transitional guidance outlining the characteristics of antimicrobial drugs that are eligible for transitional subscription contracts under paragraph (1), the requirements to enter into a transitional subscription contract under paragraph (2), and the process by which drug developers can enter into transitional subscription contracts with the Secretary under this subsection. (4) Payment office and mechanism \nNot later than 30 days after the date of enactment of this part, the Secretary shall establish within the Administration for Strategic Preparedness and Response an office to manage the transitional subscription contracts, including eligibility, requirements, and contract amounts, during the period described in paragraph (1). (g) Critical need antimicrobial advisory group \n(1) In general \nNot later than 30 days after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, shall establish a Critical Need Antimicrobial Advisory Group (referred to in this subsection as the Advisory Group ) and appoint members to the Advisory Group. (2) Members \nThe members of the Advisory Group shall include— (A) not fewer than 6 individuals who are— (i) infectious disease specialists; or (ii) other health experts with expertise in researching antimicrobial resistance, health economics, or commercializing antimicrobial drugs; and (B) not fewer than 5 patient advocates. (3) Chair \nThe Secretary shall appoint as Chair of the Advisory Group a non-voting, independent member who may not be a member represented under paragraph (2). (4) Conflicts of interest \nIn appointing members under paragraph (2) and a Chair under paragraph (3), the Secretary shall ensure that no member receives compensation in any manner from a commercial or for-profit entity that develops antimicrobials or that might benefit from antimicrobial development. (5) Applicability of FACA \nExcept as otherwise provided in this subsection, the Federal Advisory Committee Act shall apply to the Advisory Group. 399OO–1. Designation of antimicrobial drug as critical need antimicrobial drug \n(a) In general \n(1) Submission of request \nThe sponsor of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) for an antimicrobial drug may request that the Secretary designate the drug as a critical need antimicrobial. A request for such designation may be submitted after the Secretary grants for such drug an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3), and shall be submitted not later than 5 years after the date of approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a). (2) Content of request \nA request under paragraph (1) shall include information, such as clinical, preclinical, and postmarketing data, a list of the favorable characteristics described in section 399OO(c)(2), and any other material that the Secretary in consultation with the Committee requires. (3) Review by secretary \nThe Secretary shall promptly review all requests for designation submitted under this subsection, assess all required application components, and determine if the antimicrobial drug is likely to meet the favorable characteristics identified in the application upon the completion of clinical development. After review, the Secretary shall approve or deny each request for designation not later than 90 days after receiving a request. If the Secretary approves a request, it shall publish the value of the contract that the critical need antimicrobial developer would be eligible to receive if such developer successfully demonstrates that the drug meets the maximum value of the favored characteristics listed in the application. (4) Length of designation period \nA designation granted under this section shall be in effect for a period of 10 years after the date that the designation is approved, and shall remain in effect for such period even if the infection treated by such drug is later removed from the list of infections under section 399OO(c)(1). (5) Subsequent reviews \nNot earlier than 2 years after a designation approval or denial under paragraph (3), the sponsor may request a subsequent review to re-evaluate the value of a contract to include any new information. (b) Development of designated drugs \nIf a critical need antimicrobial designation is granted during clinical development of an antimicrobial drug, the Secretary may work with the sponsor to maximize the opportunity for the sponsor to successfully demonstrate that the antimicrobial drug possesses the favored characteristics identified under section 399OO(c)(2). (c) Appropriate use of critical need antimicrobial \n(1) In general \nThe sponsor of an antimicrobial drug that receives designation under subsection (a) shall, within 90 days of such designation, submit to the Secretary a plan for appropriate use of diagnostics, in order for the Secretary and Committee to consider such plan in developing clinical guidelines. An appropriate use plan— (A) shall include— (i) the appropriate use of the drug; and (ii) the appropriate use of diagnostic tools, where available, or a plan to coordinate development of diagnostic tools as necessary; and (B) may be developed in partnership with the Secretary, infectious disease experts, diagnostic experts or developers, laboratory experts, or another entity. (2) Consultation \nThe Secretary shall consult with relevant professional societies and the Critical Need Antimicrobial Advisory Group established under section 399OO(g) to ensure that clinical guidelines issued by the Secretary under paragraph (3), with respect to an antimicrobial drug designated under subsection (a), includes the use of appropriate diagnostic approaches, taking into consideration the diagnostic plan submitted by a sponsor under paragraph (1). 399OO–2. Establishment of Subscription Contract Office; subscription contracts \n(a) Subscription contract office \n(1) In general \nNot later than 180 days after the date of enactment of this part, the Secretary shall establish within the Administration for Strategic Preparedness and Response an office, to be known as the Subscription Contract Office , the head of which shall be the Director (referred to in this section as the Director ). (2) Purpose \nThe purpose of the Office established under paragraph (1) shall be to manage the establishment and payment of subscription contracts awarded under this section, including eligibility, requirements, and contract amounts. (b) Application for a subscription contract \n(1) Submission of applications \nAfter approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a), the sponsor of an antimicrobial drug designated as a critical need antimicrobial under section 399OO–1 may submit an application for a subscription contract to the Director, under a procedure established by the Director. (2) Review of applications \nThe Director, in consultation with the Committee, shall— (A) review all applications for subscription contracts under paragraph (1) and assess all required application components; (B) determine the extent to which the critical need antimicrobial drug covered by the application meets the favored characteristics identified under section 399OO(c)(2); and (C) deny any application for a drug that does not meet the minimum number and kind of favored characteristics needed for the drug to be designated as a critical need antimicrobial based on the regulations issue under section 399OO(d). (c) Requirements \nAs a condition of entering into a subscription contract under this section, the sponsor of the critical need antimicrobial drug covered by the application shall agree to— (1) ensure commercial availability of the antimicrobial drug within 30 days of receiving first payment under the contract, and sufficient supply for susceptibility device manufacturers; (2) identify, track, and publicly report drug resistance data, and trends using available data related to the antimicrobial drug; (3) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (4) submit an appropriate use assessment to the Secretary, the Committee, the Administrator of the Food and Drug Administration, and the Director of the Centers for Disease Control and Prevention every 2 years regarding use of the antimicrobial drug, including how the drug is being marketed; (5) submit a plan for registering the drug in additional countries where an unmet medical need exists; (6) ensure a reliable drug supply chain, where any interruption to the supply chain will not last for more than 60 days in the United States; (7) complete any postmarketing studies required by the Food and Drug Administration in a timely manner; (8) produce the drug at a reasonable volume determined with the Director to ensure patient access to the drug; (9) abide by the manufacturing and environmental best practices in the supply chain for the control of discharge of antimicrobial active pharmaceutical ingredients to ensure minimal discharge into, or contamination of, the environment by antimicrobial agents or products as a result of the manufacturing process; and (10) abide by such other terms as the Director may require. (d) Monetary value \n(1) In general \nThe Director, in consultation with the Committee, shall assign a monetary value to each subscription contract under this section based on the regulations developed under section 399OO(d). (2) Considerations \nIn assigning a monetary value to a subscription contract under paragraph (1), the Director shall take into account the favored characteristic or combination of favored characteristics of the drug covered by the contract, as determined by the Director, in consultation with the Committee, under subsection (b)(2)(B). (e) Amount of contracts \n(1) In general \nA subscription contract under this section shall be for the sale to the Secretary of any quantity of the antimicrobial drug covered by the contract needed over the term of the contract, at a price agreed on by the sponsor and the Director, based on the monetary value assigned to the contract under subsection (d). (2) Minimum and maximum amount \nThe total projected amount to be paid by the Director under a subscription contract under this section shall be not less than $750,000,000 and not more than $3,000,000,000, adjusted for inflation. (f) Term \n(1) Initial term \nThe initial term of a subscription contract under this section shall be— (A) not less than 5 years; and (B) not greater than the greater of— (i) 10 years; and (ii) the remaining period of time during which the sponsor has patent protections or a remaining exclusivity period with respect to the antimicrobial drug in the United States, as listed in the publication of the Food and Drug Administration entitled Approved Drug Products with Therapeutic Equivalence Evaluations. (2) Effect \nA subscription contract shall remain in effect for the period described in paragraph (1) even if the infection treated by the antimicrobial drug covered by the subscription contract is later removed from the list of infections under section 399OO(c)(1). (3) Extension of contracts \nThe Director may extend a subscription contract with a sponsor under this subsection beyond the initial contract period. A single contract extension may be in effect not later than the date on which all periods of exclusivity granted by the Food and Drug Administration expire and shall be in an amount not to exceed $25,000,000 per year. All other terms of an extended contract shall be the same as the terms of the initial contract. The total amount of funding used on such contract extensions shall be no more than $1,000,000,000, and shall be allocated from the amount made available under section 399OO–4(a). (4) Modification of contracts \nThe Director or sponsor, 1 year after the start of the contract period under this subsection and every 2 years thereafter, may request a modification of the amount of the contract based on information that adjusts favored characteristics in section 399OO(c)(2). (g) Payments \n(1) In general \nNot later than 180 days after the date on which a subscription contract is granted under subsection (a), the Director shall provide payments for drugs purchased under the contract in installments established by the Director, in consultation with the sponsor of the antimicrobial drug and in accordance with subsection (j). (2) Timing of payments \nThe Director— (A) may make payments under paragraph (1) in equal annual installments; and (B) shall not make such payments more frequently than twice per year. (3) Option \nThe sponsor shall have the option to receive 50 percent of the payment amount due in the last year of the contract during the first year of the contract in order to offset costs of establishing manufacturing capacity. (4) Funding \nPayments under this subsection shall be allocated from the amount made available under section 399OO–4(a). (5) Adjustment \nIn the case of an antimicrobial drug that received a transitional subscription contract under section 399OO(f), the amount of a subscription contract for such drug under this section shall be reduced by the amount of the transitional subscription contract under such section 399OO(f) for such drug. (h) Use of contract funds \nFunds received by the sponsor under a subscription contract under this section shall be used— (1) to meet the requirements described in subsection (c); and (2) to support the completion of postmarketing clinical studies, manufacturing, other preclinical and clinical activities, or other activities agreed to by the Director and sponsor in the contract. (i) Contracts for generic and biosimilar versions \nNotwithstanding any other provision of this part, the Director may award a subscription contract under this section to a manufacturer of a generic or biosimilar version of an antimicrobial drug for which a subscription contract has been awarded under this section. Such contracts shall be awarded in accordance with a procedure, including for determining the terms and amounts of such contracts, established by the Director. (j) Antimicrobial drug sponsor revenue limitations \n(1) Requirement \n(A) In general \nWith respect to a payment installment under a subscription contract entered into under this section, the net revenue from sales of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs during the period covered by the payment installment shall be subtracted from the payment installment. (B) Payment \nThe amount calculated under subparagraph (A) shall be paid by the Secretary to the relevant Federal health care program (or its trust fund) at the time of the applicable installment payment. (C) Coordination \nThe Director shall coordinate with the relevant agencies of the Federal Government, including the Centers for Medicare and Medicaid Services, to carry out this subsection in a manner that ensures minimal disruption to how a health care provider currently acquires applicable antimicrobial drugs. (2) Regulations \n(A) In general \nTo carry out this subsection, the Secretary shall promulgate regulations to identify the Federal health care programs applicable under this section, including Medicare part A and Medicaid, and to establish the methodology and data collection requirements necessary to calculate the amount under paragraph (1)(A). (B) Methodology \nAny methodology established for the collection of data and calculation of the amount under paragraph (1)(A) shall take into account any legally mandated or voluntary discounts and rebates provided by the manufacturer of the applicable antimicrobial drug to the Federal health care programs that pay for such drug, on the condition that the Secretary may presume that discounts not described in subclauses (I) and (II) of subparagraph (C)(ii) are captured in the price determined under subparagraph (C)(i)(II). (C) Estimating annual net revenue \n(i) In general \nIn determining the net revenue from sales of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs for the purpose of calculating the amount under paragraph (1)(A), the Secretary shall determine such net revenue amount by multiplying— (I) the total number of billing units of such antimicrobial drugs reported under the process described in subparagraph (D)(ii) for the applicable payment installment period; by (II) the average sales price (as defined in section 1847A(c) of the Social Security Act), the average manufacturer price (as defined in section 1927(k)(1) of the Social Security Act), or another pricing metric used in Federal health care programs, for such antimicrobial drugs. (ii) Requirement \nThe Secretary shall adjust the amount determined under clause (i)(II) to account for— (I) rebates, discounts, add-on payments, or other adjustments provided under— (aa) section 340B; or (bb) section 1927 of the Social Security Act; or (II) negotiated price concessions described in section 1860D–2(d)(1)(B) of the Social Security Act that are not captured in the applicable price. (D) Coding \n(i) In general \nIn promulgating regulations under subparagraph (A), the Secretary shall, as appropriate, establish and assign codes, under existing or new coding systems, to identify units of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs. (ii) Coding use requirements \nIn promulgating regulations under subparagraph (A), the Secretary shall require hospitals (or other providers or suppliers) that administer applicable antimicrobial drugs in the inpatient or outpatient setting to report on their claims to such Federal health care programs the billing units of such antimicrobial drugs used in the care of beneficiaries or enrollees in each Federal health care program, regardless of whether payment for those units are separately reimbursed. (3) Definitions \nIn this subsection: (A) Applicable antimicrobial drug \nThe term applicable antimicrobial drug means an antimicrobial drug for which the sponsor of such drug receives a subscription contract under subsection (a). (B) Federal health care program \nThe term Federal health care program has the meaning given such term in section 1128B(f) of the Social Security Act, except that, for purposes of this subsection, such term includes the health insurance program under chapter 89 of title 5, United States Code. (k) Failure To adhere to terms \nThe Secretary shall cease any payment installments under a contract under this section if— (1) the sponsor— (A) permanently withdraws the antimicrobial drug from the market in the United States; (B) fails to meet the requirements described in subsection (c); or (C) does not complete a postmarket study required by the Food and Drug Administration during the term of the contract; (2) the annual international and private insurance market revenues with respect to an antimicrobial drug (not counting any subscription revenues from any source pursuant to a contract under this section or other international or private entities) exceed 5 times the average annual amount of the subscription contract paid by the Secretary as certified by the sponsor annually; or (3) if the total revenue of the sponsor from government programs that pay for drugs subject to a contract agreement entered into pursuant to this section for a year exceeds the amount of the subscription contract paid by the Secretary for that year. (l) Private payer and international payer participation \nThe Secretary shall make efforts to increase the participation of domestic private payors and international payors in subscription contracts or other types of value-based arrangements that are similar to the subscription contracts authorized under this section. (m) Effect \nNothing in this section permits the Secretary to use evidence from comparative clinical effectiveness research in a manner that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill in determining the value of an antimicrobial drug or a subscription contract (or a transitional subscription contract), including in such a way that would limit patient access. 399OO–3. Encouraging appropriate use of antimicrobials and combating resistance \n(a) Establishment of health facility grant program \n(1) In general \nNot later than 1 year after the date of enactment of this part, the Secretary shall establish a grant program under the Centers for Disease Control and Prevention to support hospital, skilled nursing facility, and other health care facility efforts— (A) to judiciously use antimicrobial drugs, such as by establishing or implementing appropriate use programs, including infectious disease telehealth programs, using appropriate diagnostic tools, partnering with academic hospitals, increasing health care-associated infection reporting and prevention efforts, and monitoring antimicrobial resistance; and (B) to participate in the National Healthcare Safety Network Antimicrobial Use and Resistance Module or the Emerging Infections Program Healthcare-Associated Infections Community Interface activity of the Centers for Disease Control and Prevention or a similar reporting program, as specified by the Secretary, relating to antimicrobial drugs. (2) Prioritization \nIn awarding grants under paragraph (1), the Secretary shall prioritize health care facilities without an existing program to judiciously use antimicrobial drugs, subsection (d) hospitals (as defined in subparagraph (B) of section 1886(d)(2) of the Social Security Act that are located in rural areas (as defined in subparagraph (D) of such section), critical access hospitals (as defined in section 1861(mm)(1) of such Act), hospitals serving Tribal populations, and safety-net hospitals. (b) Surveillance and reporting of antimicrobial use and resistance \n(1) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the National Healthcare Safety Network and other appropriate surveillance systems to assess trends in antimicrobial resistance and antibiotic and antifungal use, such as— (A) appropriate conditions and measures causally related to antimicrobial resistance, including types of infections, the source or body sites of infections, the demographic information of patients with infections, and infection onset in a community or hospital setting, increased lengths of hospital stay, increased costs, and rates of mortality; and (B) changes in bacterial and fungal resistance to antimicrobial drugs, including changes in percent resistance, prevalence of antimicrobial-resistant infections, rates of mortality, and other such changes. (2) Antimicrobial use data \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall obtain reliable and comparable human antibiotic and antifungal drug consumption data (including, as available and appropriate, volume antimicrobial distribution data and antibiotic and antifungal use data, including prescription data) by State or metropolitan areas. To accomplish this, the Centers for Disease Control and Prevention may work with, as appropriate, Federal departments and agencies (including the Department of Veterans Affairs, the Department of Defense, the Department of Homeland Security, the Bureau of Prisons, the Indian Health Service, and the Centers for Medicare & Medicaid Services), private vendors, health care organizations, pharmacy benefit managers, and other entities. (3) Antimicrobial resistance trend data \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall intensify and expand efforts to collect antimicrobial resistance data and encourage adoption of the Antibiotic Use and Resistance Module within the National Healthcare Safety Network among all health care facilities across the continuum of care, including, as appropriate, acute care hospitals, dialysis facilities, nursing homes, ambulatory surgical centers, and other ambulatory health care settings in which antimicrobial drugs are routinely prescribed. The Secretary shall seek to collect such data from electronic medication administration reports and laboratory systems to produce the reports described in paragraph (4). (4) Public availability of data \nBeginning on the date that is 2 years after the date of enactment of this part, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, for the purposes of improving the monitoring of important trends in antimicrobial use and resistance, and, as appropriate, patient outcomes in relation to antimicrobial resistance— (A) make the data described under this subsection publicly available through reports and web updates issued on a regular basis that is not less than annually; and (B) examine opportunities to make such data available in near real time. (c) Publication of clinical guidelines \nNot later than 1 year after the date the Secretary makes the first designation under section 399OO–1(a), and not less than every 3 years thereafter, the Secretary shall publish at least one update to clinical guidelines in consultation with relevant professional societies. As appropriate, guideline updates shall include each antimicrobial drug that has been approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a) and that has been designated under section 399OO–1(a), which guidelines shall set forth the evidence-based recommendations for prescribing the drug for the relevant infection time, in accordance with the available evidence after consultation under section 399OO-1(c)(2), as appropriate. (d) Funding \nThe Secretary may use not more than 5 percent of the amounts appropriated under section 399OO–4(a) to carry out this section. 399OO–4. Appropriations \n(a) In general \nTo carry out this part, there are hereby appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $6,000,000,000 for fiscal year 2024, to remain available until expended. (b) Emergency designation \n(1) In general \nThe amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010. (2) Designation in senate \nIn the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. 399OO–5. Studies and reports \n(a) In general \nNot later than 6 years after the date of enactment of this part, the Comptroller General of the United States shall complete a study on the effectiveness of this part in developing priority antimicrobial drugs. Such study shall examine the indications for, usage of, development of resistance with respect to, and private and societal value of critical need antimicrobial drugs, and the impact of the programs under this part on markets of critical need antimicrobial drugs. The Comptroller General shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the findings of such study. (b) Antibiotic use in the United States; annual reports \nThe Director of the Centers for Disease Control and Prevention shall, each year, update the report entitled Antibiotic Use in the United States to include updated information on progress and opportunities with respect to data, programs, and resources for prescribers to promote appropriate use of antimicrobial drugs. (c) Report on antimicrobial prophylactics \nNot later than 3 years after the date of enactment of this part, the Director of the Centers for Disease Control and Prevention shall publish a report on antimicrobial prophylactics. 399OO–6. Definitions \nIn this part— (1) the term antimicrobial drug — (A) means, subject to subparagraph (B), a product that is— (i) a drug that directly inhibits replication of or kills bacteria or fungi, or acts on the substances produced by such bacteria or fungi, relevant to the proposed indication at concentrations likely to be attainable in humans to achieve the intended therapeutic effect; or (ii) a biological product that acts directly on bacteria or fungi or on the substances produced by such bacteria or fungi; and (B) does not include— (i) a drug that achieves the effect described by subparagraph (A)(i) only at a concentration that cannot reasonably be studied in humans because of its anticipated toxicity; or (ii) a vaccine; and (2) the term Committee means the Committee on Critical Need Antimicrobials established under section 399OO(a)..", "id": "idF966C9F28FE0484FBAF87C01A187C703", "header": "Developing antimicrobial innovations", "nested": [], "links": [ { "text": "42 U.S.C. 241 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/241" }, { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "399OO. Establishment of Committee; subscription model; advisory group \n(a) In general \nNot later than 60 days after the date of enactment of this part, the Secretary shall establish a Committee on Critical Need Antimicrobials and appoint members to the Committee. (b) Members \n(1) In general \nThe Committee shall consist of at least one representative from each of the National Institute of Allergy and Infectious Diseases, the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Veterans Health Administration, and the Department of Defense. (2) Chair \nThe Secretary shall appoint as the Chair of the Committee a non-voting, independent member who may not be a member of the Committee or from an organization represented under paragraph (1). (3) Consultation \nThe Secretary shall consult with the Under Secretary of Veterans Affairs for Health and Secretary of Defense when appointing members from the Veterans Health Administration and the Department of Defense. (c) Duties \nNot later than 1 year after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, and in consultation with the Critical Need Antimicrobials Advisory Group established under subsection (g), shall do the following: (1) Develop a list of infections for which new antimicrobial drug development is needed, taking into account organisms, sites of infection, and type of infections for which there is an unmet medical need, findings from the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, or an anticipated unmet medical need, including a potential global health security threat. For the list developed under this paragraph, the Secretary, in collaboration with the Committee, may use the infection list in such most recent Antibiotic Resistance Threats in the United States report for up to 3 years following the date of enactment of this part and subsequently update the list under this paragraph in accordance with subsection (e). (2) Develop regulations, for purposes of subsection (d), outlining favored characteristics of critical need antimicrobial drugs, that are evidence based, clinically focused, and designed to treat the infections described in paragraph (1), and establishing criteria for how each such characteristic or combinations of multiple characteristics will adjust the monetary value of a subscription contract awarded under subsection (f) or section 399OO–2. The favored characteristics shall be weighed for purposes of such monetary value of the subscription contract such that meeting certain characteristics, or meeting more than one such characteristic, increases the monetary value of the subscription contract. Such favored characteristics of an antimicrobial drug shall include— (A) treating infections on the list under paragraph (1); (B) improving clinical outcomes for patients with multi-drug-resistant infections; (C) being a first-approved antimicrobial drug that has the potential to address, or has the evidence of addressing, unmet medical needs for the treatment of a serious or life-threatening infection, and, to a lesser extent, second and third drugs that treat such infections; (D) route of administration, especially through oral administration; (E) (i) containing no active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)) that has been approved in any other application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or intending to be the subject of a new biological product license application under section 351(a); (ii) being a member of a new class of drugs with a novel target or novel mode of action that are distinctly different from the target or mode of any antimicrobial drug approved under section 505 of such Act or licensed under section 351, including reduced toxicity; or (iii) not being affected by cross-resistance to any antimicrobial drug approved under such section 505 or licensed under such section 351; (F) addressing a multi-drug resistant infection through a novel chemical scaffold or mechanism of action; (G) having received a transitional subscription contract under subsection (f); and (H) any other characteristic the Committee or the Critical Need Antimicrobial Advisory Group established under subsection (g) determines necessary. (d) Regulations \n(1) In general \nNot later than 18 months after the appointment of the initial members of the Committee, the Secretary shall issue proposed regulations which shall include— (A) a process by which the sponsors can apply for an antimicrobial drug to become a critical need antimicrobial drug under section 399OO–1; (B) how subscription contracts under section 399OO–2 shall be established and paid; (C) the favored characteristics under subsection (c)(2), how such characteristics will be weighed, and the minimum number and kind of favored characteristics needed for an antimicrobial drug to be designated a critical need antimicrobial drug; and (D) other elements of the subscription contract process, in accordance with this part. (2) Development of final regulations \nBefore finalizing the regulations under paragraph (1), the Secretary shall solicit public comment and hold public meetings for the period beginning on the date on which the proposed regulations are issued and ending on the date that is 150 days after such date of issuance. The Secretary shall finalize and publish such regulations not later than 150 days after the close of such period of public comment and meetings. (3) Committee recommendations \nIn issuing regulations under this subsection, the Secretary shall consider the recommendations of the Committee under subsection (c)(2). (e) List of infections \nThe Secretary, in collaboration with the Committee, shall update the list of infections under subsection (c)(1) at least every 2 years following the development of the initial list under that subsection. (f) Transitional subscription contracts \n(1) In general \nNot earlier than 30 days after the date of enactment of this part and ending on the date that the Secretary finalizes the regulations under subsection (d), the Secretary may use up to 10 percent of the amount appropriated under section 399OO–4(a) to engage in transitional subscription contracts of up to 5 years in length with antimicrobial developers, as determined by the Secretary, that have developed antimicrobial drugs treating infections listed in the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, and may include antimicrobial drugs that are qualified infectious disease products (as defined in section 505E(g) of the Federal Food, Drug, and Cosmetic Act), innovative biological products, or innovative drugs that achieve improved clinical outcomes. Such a contract may authorize the contractor to use funds made available under the contract for completion of postmarketing clinical studies, manufacturing, and other preclinical and clinical efforts. (2) Requirements \n(A) In general \nThe Secretary, through the office described in paragraph (4), may enter into a contract under paragraph (1)— (i) if the Secretary determines that the antimicrobial drug is intended to treat an infection for which there is an unmet clinical need, an anticipated clinical need, or drug resistance; (ii) subject to terms including— (I) that the Secretary shall cease any payment installments under a transitional subscription contract if the sponsor does not— (aa) ensure commercial availability of the antimicrobial drug within 30 days of receiving first payment under the contract; (bb) identify, track, and publicly report drug resistance data, and trends using available data related to the antimicrobial drug; (cc) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (dd) submit a plan for registering the antimicrobial drug in additional countries where an unmet medical need exists, which such plan may be consistent with the Stewardship and Access Plan (SAP) Development Guide (2021); (ee) subject to subparagraph (B), ensure a reliable drug supply chain, thus leading to an interruption of the supply of the antimicrobial drug in the United States for more than 60 days; or (ff) make meaningful progress toward completion of Food and Drug Administration-required postmarketing studies, including such studies that are evidence based; and (II) other terms as determined by the Secretary; and (iii) if— (I) a phase 3 clinical study has been initiated for the antimicrobial drug; or (II) the antimicrobial drug has been approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a). (B) Waiver \nThe requirement under subparagraph (A)(ii)(I)(ee) may be waived in the case that an emergency prohibits access to a reliable drug supply chain. (3) Transitional guidance \nNot later than 120 days after the appointment of the initial members of the Committee, the Secretary shall issue, in consultation with the Committee, transitional guidance outlining the characteristics of antimicrobial drugs that are eligible for transitional subscription contracts under paragraph (1), the requirements to enter into a transitional subscription contract under paragraph (2), and the process by which drug developers can enter into transitional subscription contracts with the Secretary under this subsection. (4) Payment office and mechanism \nNot later than 30 days after the date of enactment of this part, the Secretary shall establish within the Administration for Strategic Preparedness and Response an office to manage the transitional subscription contracts, including eligibility, requirements, and contract amounts, during the period described in paragraph (1). (g) Critical need antimicrobial advisory group \n(1) In general \nNot later than 30 days after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, shall establish a Critical Need Antimicrobial Advisory Group (referred to in this subsection as the Advisory Group ) and appoint members to the Advisory Group. (2) Members \nThe members of the Advisory Group shall include— (A) not fewer than 6 individuals who are— (i) infectious disease specialists; or (ii) other health experts with expertise in researching antimicrobial resistance, health economics, or commercializing antimicrobial drugs; and (B) not fewer than 5 patient advocates. (3) Chair \nThe Secretary shall appoint as Chair of the Advisory Group a non-voting, independent member who may not be a member represented under paragraph (2). (4) Conflicts of interest \nIn appointing members under paragraph (2) and a Chair under paragraph (3), the Secretary shall ensure that no member receives compensation in any manner from a commercial or for-profit entity that develops antimicrobials or that might benefit from antimicrobial development. (5) Applicability of FACA \nExcept as otherwise provided in this subsection, the Federal Advisory Committee Act shall apply to the Advisory Group.", "id": "id2ECA8A38537449F19D4DCC1D2FAF0A0F", "header": "Establishment of Committee; subscription model; advisory group", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of enactment of this part, the Secretary shall establish a Committee on Critical Need Antimicrobials and appoint members to the Committee.", "id": "idF5284FAFCBBF4FAF8BEF292172B3A143", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Members \n(1) In general \nThe Committee shall consist of at least one representative from each of the National Institute of Allergy and Infectious Diseases, the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Veterans Health Administration, and the Department of Defense. (2) Chair \nThe Secretary shall appoint as the Chair of the Committee a non-voting, independent member who may not be a member of the Committee or from an organization represented under paragraph (1). (3) Consultation \nThe Secretary shall consult with the Under Secretary of Veterans Affairs for Health and Secretary of Defense when appointing members from the Veterans Health Administration and the Department of Defense.", "id": "id735742DD27DC491DAFAC2EA320065137", "header": "Members", "nested": [], "links": [] }, { "text": "(c) Duties \nNot later than 1 year after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, and in consultation with the Critical Need Antimicrobials Advisory Group established under subsection (g), shall do the following: (1) Develop a list of infections for which new antimicrobial drug development is needed, taking into account organisms, sites of infection, and type of infections for which there is an unmet medical need, findings from the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, or an anticipated unmet medical need, including a potential global health security threat. For the list developed under this paragraph, the Secretary, in collaboration with the Committee, may use the infection list in such most recent Antibiotic Resistance Threats in the United States report for up to 3 years following the date of enactment of this part and subsequently update the list under this paragraph in accordance with subsection (e). (2) Develop regulations, for purposes of subsection (d), outlining favored characteristics of critical need antimicrobial drugs, that are evidence based, clinically focused, and designed to treat the infections described in paragraph (1), and establishing criteria for how each such characteristic or combinations of multiple characteristics will adjust the monetary value of a subscription contract awarded under subsection (f) or section 399OO–2. The favored characteristics shall be weighed for purposes of such monetary value of the subscription contract such that meeting certain characteristics, or meeting more than one such characteristic, increases the monetary value of the subscription contract. Such favored characteristics of an antimicrobial drug shall include— (A) treating infections on the list under paragraph (1); (B) improving clinical outcomes for patients with multi-drug-resistant infections; (C) being a first-approved antimicrobial drug that has the potential to address, or has the evidence of addressing, unmet medical needs for the treatment of a serious or life-threatening infection, and, to a lesser extent, second and third drugs that treat such infections; (D) route of administration, especially through oral administration; (E) (i) containing no active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)) that has been approved in any other application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or intending to be the subject of a new biological product license application under section 351(a); (ii) being a member of a new class of drugs with a novel target or novel mode of action that are distinctly different from the target or mode of any antimicrobial drug approved under section 505 of such Act or licensed under section 351, including reduced toxicity; or (iii) not being affected by cross-resistance to any antimicrobial drug approved under such section 505 or licensed under such section 351; (F) addressing a multi-drug resistant infection through a novel chemical scaffold or mechanism of action; (G) having received a transitional subscription contract under subsection (f); and (H) any other characteristic the Committee or the Critical Need Antimicrobial Advisory Group established under subsection (g) determines necessary.", "id": "ida4012b835a5b4d02b6013c6ce39aa8ae", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Regulations \n(1) In general \nNot later than 18 months after the appointment of the initial members of the Committee, the Secretary shall issue proposed regulations which shall include— (A) a process by which the sponsors can apply for an antimicrobial drug to become a critical need antimicrobial drug under section 399OO–1; (B) how subscription contracts under section 399OO–2 shall be established and paid; (C) the favored characteristics under subsection (c)(2), how such characteristics will be weighed, and the minimum number and kind of favored characteristics needed for an antimicrobial drug to be designated a critical need antimicrobial drug; and (D) other elements of the subscription contract process, in accordance with this part. (2) Development of final regulations \nBefore finalizing the regulations under paragraph (1), the Secretary shall solicit public comment and hold public meetings for the period beginning on the date on which the proposed regulations are issued and ending on the date that is 150 days after such date of issuance. The Secretary shall finalize and publish such regulations not later than 150 days after the close of such period of public comment and meetings. (3) Committee recommendations \nIn issuing regulations under this subsection, the Secretary shall consider the recommendations of the Committee under subsection (c)(2).", "id": "id8CE1CCD51BB44A41B7117925D8FF97C6", "header": "Regulations", "nested": [], "links": [] }, { "text": "(e) List of infections \nThe Secretary, in collaboration with the Committee, shall update the list of infections under subsection (c)(1) at least every 2 years following the development of the initial list under that subsection.", "id": "id2DAE825301B24C2BB8F9C35EB65BD8F0", "header": "List of infections", "nested": [], "links": [] }, { "text": "(f) Transitional subscription contracts \n(1) In general \nNot earlier than 30 days after the date of enactment of this part and ending on the date that the Secretary finalizes the regulations under subsection (d), the Secretary may use up to 10 percent of the amount appropriated under section 399OO–4(a) to engage in transitional subscription contracts of up to 5 years in length with antimicrobial developers, as determined by the Secretary, that have developed antimicrobial drugs treating infections listed in the most recent report entitled Antibiotic Resistance Threats in the United States issued by the Centers for Disease Control and Prevention, and may include antimicrobial drugs that are qualified infectious disease products (as defined in section 505E(g) of the Federal Food, Drug, and Cosmetic Act), innovative biological products, or innovative drugs that achieve improved clinical outcomes. Such a contract may authorize the contractor to use funds made available under the contract for completion of postmarketing clinical studies, manufacturing, and other preclinical and clinical efforts. (2) Requirements \n(A) In general \nThe Secretary, through the office described in paragraph (4), may enter into a contract under paragraph (1)— (i) if the Secretary determines that the antimicrobial drug is intended to treat an infection for which there is an unmet clinical need, an anticipated clinical need, or drug resistance; (ii) subject to terms including— (I) that the Secretary shall cease any payment installments under a transitional subscription contract if the sponsor does not— (aa) ensure commercial availability of the antimicrobial drug within 30 days of receiving first payment under the contract; (bb) identify, track, and publicly report drug resistance data, and trends using available data related to the antimicrobial drug; (cc) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (dd) submit a plan for registering the antimicrobial drug in additional countries where an unmet medical need exists, which such plan may be consistent with the Stewardship and Access Plan (SAP) Development Guide (2021); (ee) subject to subparagraph (B), ensure a reliable drug supply chain, thus leading to an interruption of the supply of the antimicrobial drug in the United States for more than 60 days; or (ff) make meaningful progress toward completion of Food and Drug Administration-required postmarketing studies, including such studies that are evidence based; and (II) other terms as determined by the Secretary; and (iii) if— (I) a phase 3 clinical study has been initiated for the antimicrobial drug; or (II) the antimicrobial drug has been approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a). (B) Waiver \nThe requirement under subparagraph (A)(ii)(I)(ee) may be waived in the case that an emergency prohibits access to a reliable drug supply chain. (3) Transitional guidance \nNot later than 120 days after the appointment of the initial members of the Committee, the Secretary shall issue, in consultation with the Committee, transitional guidance outlining the characteristics of antimicrobial drugs that are eligible for transitional subscription contracts under paragraph (1), the requirements to enter into a transitional subscription contract under paragraph (2), and the process by which drug developers can enter into transitional subscription contracts with the Secretary under this subsection. (4) Payment office and mechanism \nNot later than 30 days after the date of enactment of this part, the Secretary shall establish within the Administration for Strategic Preparedness and Response an office to manage the transitional subscription contracts, including eligibility, requirements, and contract amounts, during the period described in paragraph (1).", "id": "ide207ac6c55f24775a2347923773d66de", "header": "Transitional subscription contracts", "nested": [], "links": [] }, { "text": "(g) Critical need antimicrobial advisory group \n(1) In general \nNot later than 30 days after the appointment of all initial members of the Committee, the Secretary, in collaboration with the Committee, shall establish a Critical Need Antimicrobial Advisory Group (referred to in this subsection as the Advisory Group ) and appoint members to the Advisory Group. (2) Members \nThe members of the Advisory Group shall include— (A) not fewer than 6 individuals who are— (i) infectious disease specialists; or (ii) other health experts with expertise in researching antimicrobial resistance, health economics, or commercializing antimicrobial drugs; and (B) not fewer than 5 patient advocates. (3) Chair \nThe Secretary shall appoint as Chair of the Advisory Group a non-voting, independent member who may not be a member represented under paragraph (2). (4) Conflicts of interest \nIn appointing members under paragraph (2) and a Chair under paragraph (3), the Secretary shall ensure that no member receives compensation in any manner from a commercial or for-profit entity that develops antimicrobials or that might benefit from antimicrobial development. (5) Applicability of FACA \nExcept as otherwise provided in this subsection, the Federal Advisory Committee Act shall apply to the Advisory Group.", "id": "id757c4fbdd4dc4a658b03f7254f01f0a5", "header": "Critical need antimicrobial advisory group", "nested": [], "links": [] } ], "links": [] }, { "text": "399OO–1. Designation of antimicrobial drug as critical need antimicrobial drug \n(a) In general \n(1) Submission of request \nThe sponsor of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) for an antimicrobial drug may request that the Secretary designate the drug as a critical need antimicrobial. A request for such designation may be submitted after the Secretary grants for such drug an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3), and shall be submitted not later than 5 years after the date of approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a). (2) Content of request \nA request under paragraph (1) shall include information, such as clinical, preclinical, and postmarketing data, a list of the favorable characteristics described in section 399OO(c)(2), and any other material that the Secretary in consultation with the Committee requires. (3) Review by secretary \nThe Secretary shall promptly review all requests for designation submitted under this subsection, assess all required application components, and determine if the antimicrobial drug is likely to meet the favorable characteristics identified in the application upon the completion of clinical development. After review, the Secretary shall approve or deny each request for designation not later than 90 days after receiving a request. If the Secretary approves a request, it shall publish the value of the contract that the critical need antimicrobial developer would be eligible to receive if such developer successfully demonstrates that the drug meets the maximum value of the favored characteristics listed in the application. (4) Length of designation period \nA designation granted under this section shall be in effect for a period of 10 years after the date that the designation is approved, and shall remain in effect for such period even if the infection treated by such drug is later removed from the list of infections under section 399OO(c)(1). (5) Subsequent reviews \nNot earlier than 2 years after a designation approval or denial under paragraph (3), the sponsor may request a subsequent review to re-evaluate the value of a contract to include any new information. (b) Development of designated drugs \nIf a critical need antimicrobial designation is granted during clinical development of an antimicrobial drug, the Secretary may work with the sponsor to maximize the opportunity for the sponsor to successfully demonstrate that the antimicrobial drug possesses the favored characteristics identified under section 399OO(c)(2). (c) Appropriate use of critical need antimicrobial \n(1) In general \nThe sponsor of an antimicrobial drug that receives designation under subsection (a) shall, within 90 days of such designation, submit to the Secretary a plan for appropriate use of diagnostics, in order for the Secretary and Committee to consider such plan in developing clinical guidelines. An appropriate use plan— (A) shall include— (i) the appropriate use of the drug; and (ii) the appropriate use of diagnostic tools, where available, or a plan to coordinate development of diagnostic tools as necessary; and (B) may be developed in partnership with the Secretary, infectious disease experts, diagnostic experts or developers, laboratory experts, or another entity. (2) Consultation \nThe Secretary shall consult with relevant professional societies and the Critical Need Antimicrobial Advisory Group established under section 399OO(g) to ensure that clinical guidelines issued by the Secretary under paragraph (3), with respect to an antimicrobial drug designated under subsection (a), includes the use of appropriate diagnostic approaches, taking into consideration the diagnostic plan submitted by a sponsor under paragraph (1).", "id": "idfa4bda9ce2fd490a83c27fa0e9394414", "header": "Designation of antimicrobial drug as critical need antimicrobial drug", "nested": [ { "text": "(a) In general \n(1) Submission of request \nThe sponsor of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) for an antimicrobial drug may request that the Secretary designate the drug as a critical need antimicrobial. A request for such designation may be submitted after the Secretary grants for such drug an investigational new drug exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act or section 351(a)(3), and shall be submitted not later than 5 years after the date of approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a). (2) Content of request \nA request under paragraph (1) shall include information, such as clinical, preclinical, and postmarketing data, a list of the favorable characteristics described in section 399OO(c)(2), and any other material that the Secretary in consultation with the Committee requires. (3) Review by secretary \nThe Secretary shall promptly review all requests for designation submitted under this subsection, assess all required application components, and determine if the antimicrobial drug is likely to meet the favorable characteristics identified in the application upon the completion of clinical development. After review, the Secretary shall approve or deny each request for designation not later than 90 days after receiving a request. If the Secretary approves a request, it shall publish the value of the contract that the critical need antimicrobial developer would be eligible to receive if such developer successfully demonstrates that the drug meets the maximum value of the favored characteristics listed in the application. (4) Length of designation period \nA designation granted under this section shall be in effect for a period of 10 years after the date that the designation is approved, and shall remain in effect for such period even if the infection treated by such drug is later removed from the list of infections under section 399OO(c)(1). (5) Subsequent reviews \nNot earlier than 2 years after a designation approval or denial under paragraph (3), the sponsor may request a subsequent review to re-evaluate the value of a contract to include any new information.", "id": "idb8e1531d25f647ca8a7f0e666f4a077f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Development of designated drugs \nIf a critical need antimicrobial designation is granted during clinical development of an antimicrobial drug, the Secretary may work with the sponsor to maximize the opportunity for the sponsor to successfully demonstrate that the antimicrobial drug possesses the favored characteristics identified under section 399OO(c)(2).", "id": "id42EDA8111AFF42859E845A9DAF00C63A", "header": "Development of designated drugs", "nested": [], "links": [] }, { "text": "(c) Appropriate use of critical need antimicrobial \n(1) In general \nThe sponsor of an antimicrobial drug that receives designation under subsection (a) shall, within 90 days of such designation, submit to the Secretary a plan for appropriate use of diagnostics, in order for the Secretary and Committee to consider such plan in developing clinical guidelines. An appropriate use plan— (A) shall include— (i) the appropriate use of the drug; and (ii) the appropriate use of diagnostic tools, where available, or a plan to coordinate development of diagnostic tools as necessary; and (B) may be developed in partnership with the Secretary, infectious disease experts, diagnostic experts or developers, laboratory experts, or another entity. (2) Consultation \nThe Secretary shall consult with relevant professional societies and the Critical Need Antimicrobial Advisory Group established under section 399OO(g) to ensure that clinical guidelines issued by the Secretary under paragraph (3), with respect to an antimicrobial drug designated under subsection (a), includes the use of appropriate diagnostic approaches, taking into consideration the diagnostic plan submitted by a sponsor under paragraph (1).", "id": "id4ca683735b434388aa25f03532eaea09", "header": "Appropriate use of critical need antimicrobial", "nested": [], "links": [] } ], "links": [] }, { "text": "399OO–2. Establishment of Subscription Contract Office; subscription contracts \n(a) Subscription contract office \n(1) In general \nNot later than 180 days after the date of enactment of this part, the Secretary shall establish within the Administration for Strategic Preparedness and Response an office, to be known as the Subscription Contract Office , the head of which shall be the Director (referred to in this section as the Director ). (2) Purpose \nThe purpose of the Office established under paragraph (1) shall be to manage the establishment and payment of subscription contracts awarded under this section, including eligibility, requirements, and contract amounts. (b) Application for a subscription contract \n(1) Submission of applications \nAfter approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a), the sponsor of an antimicrobial drug designated as a critical need antimicrobial under section 399OO–1 may submit an application for a subscription contract to the Director, under a procedure established by the Director. (2) Review of applications \nThe Director, in consultation with the Committee, shall— (A) review all applications for subscription contracts under paragraph (1) and assess all required application components; (B) determine the extent to which the critical need antimicrobial drug covered by the application meets the favored characteristics identified under section 399OO(c)(2); and (C) deny any application for a drug that does not meet the minimum number and kind of favored characteristics needed for the drug to be designated as a critical need antimicrobial based on the regulations issue under section 399OO(d). (c) Requirements \nAs a condition of entering into a subscription contract under this section, the sponsor of the critical need antimicrobial drug covered by the application shall agree to— (1) ensure commercial availability of the antimicrobial drug within 30 days of receiving first payment under the contract, and sufficient supply for susceptibility device manufacturers; (2) identify, track, and publicly report drug resistance data, and trends using available data related to the antimicrobial drug; (3) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (4) submit an appropriate use assessment to the Secretary, the Committee, the Administrator of the Food and Drug Administration, and the Director of the Centers for Disease Control and Prevention every 2 years regarding use of the antimicrobial drug, including how the drug is being marketed; (5) submit a plan for registering the drug in additional countries where an unmet medical need exists; (6) ensure a reliable drug supply chain, where any interruption to the supply chain will not last for more than 60 days in the United States; (7) complete any postmarketing studies required by the Food and Drug Administration in a timely manner; (8) produce the drug at a reasonable volume determined with the Director to ensure patient access to the drug; (9) abide by the manufacturing and environmental best practices in the supply chain for the control of discharge of antimicrobial active pharmaceutical ingredients to ensure minimal discharge into, or contamination of, the environment by antimicrobial agents or products as a result of the manufacturing process; and (10) abide by such other terms as the Director may require. (d) Monetary value \n(1) In general \nThe Director, in consultation with the Committee, shall assign a monetary value to each subscription contract under this section based on the regulations developed under section 399OO(d). (2) Considerations \nIn assigning a monetary value to a subscription contract under paragraph (1), the Director shall take into account the favored characteristic or combination of favored characteristics of the drug covered by the contract, as determined by the Director, in consultation with the Committee, under subsection (b)(2)(B). (e) Amount of contracts \n(1) In general \nA subscription contract under this section shall be for the sale to the Secretary of any quantity of the antimicrobial drug covered by the contract needed over the term of the contract, at a price agreed on by the sponsor and the Director, based on the monetary value assigned to the contract under subsection (d). (2) Minimum and maximum amount \nThe total projected amount to be paid by the Director under a subscription contract under this section shall be not less than $750,000,000 and not more than $3,000,000,000, adjusted for inflation. (f) Term \n(1) Initial term \nThe initial term of a subscription contract under this section shall be— (A) not less than 5 years; and (B) not greater than the greater of— (i) 10 years; and (ii) the remaining period of time during which the sponsor has patent protections or a remaining exclusivity period with respect to the antimicrobial drug in the United States, as listed in the publication of the Food and Drug Administration entitled Approved Drug Products with Therapeutic Equivalence Evaluations. (2) Effect \nA subscription contract shall remain in effect for the period described in paragraph (1) even if the infection treated by the antimicrobial drug covered by the subscription contract is later removed from the list of infections under section 399OO(c)(1). (3) Extension of contracts \nThe Director may extend a subscription contract with a sponsor under this subsection beyond the initial contract period. A single contract extension may be in effect not later than the date on which all periods of exclusivity granted by the Food and Drug Administration expire and shall be in an amount not to exceed $25,000,000 per year. All other terms of an extended contract shall be the same as the terms of the initial contract. The total amount of funding used on such contract extensions shall be no more than $1,000,000,000, and shall be allocated from the amount made available under section 399OO–4(a). (4) Modification of contracts \nThe Director or sponsor, 1 year after the start of the contract period under this subsection and every 2 years thereafter, may request a modification of the amount of the contract based on information that adjusts favored characteristics in section 399OO(c)(2). (g) Payments \n(1) In general \nNot later than 180 days after the date on which a subscription contract is granted under subsection (a), the Director shall provide payments for drugs purchased under the contract in installments established by the Director, in consultation with the sponsor of the antimicrobial drug and in accordance with subsection (j). (2) Timing of payments \nThe Director— (A) may make payments under paragraph (1) in equal annual installments; and (B) shall not make such payments more frequently than twice per year. (3) Option \nThe sponsor shall have the option to receive 50 percent of the payment amount due in the last year of the contract during the first year of the contract in order to offset costs of establishing manufacturing capacity. (4) Funding \nPayments under this subsection shall be allocated from the amount made available under section 399OO–4(a). (5) Adjustment \nIn the case of an antimicrobial drug that received a transitional subscription contract under section 399OO(f), the amount of a subscription contract for such drug under this section shall be reduced by the amount of the transitional subscription contract under such section 399OO(f) for such drug. (h) Use of contract funds \nFunds received by the sponsor under a subscription contract under this section shall be used— (1) to meet the requirements described in subsection (c); and (2) to support the completion of postmarketing clinical studies, manufacturing, other preclinical and clinical activities, or other activities agreed to by the Director and sponsor in the contract. (i) Contracts for generic and biosimilar versions \nNotwithstanding any other provision of this part, the Director may award a subscription contract under this section to a manufacturer of a generic or biosimilar version of an antimicrobial drug for which a subscription contract has been awarded under this section. Such contracts shall be awarded in accordance with a procedure, including for determining the terms and amounts of such contracts, established by the Director. (j) Antimicrobial drug sponsor revenue limitations \n(1) Requirement \n(A) In general \nWith respect to a payment installment under a subscription contract entered into under this section, the net revenue from sales of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs during the period covered by the payment installment shall be subtracted from the payment installment. (B) Payment \nThe amount calculated under subparagraph (A) shall be paid by the Secretary to the relevant Federal health care program (or its trust fund) at the time of the applicable installment payment. (C) Coordination \nThe Director shall coordinate with the relevant agencies of the Federal Government, including the Centers for Medicare and Medicaid Services, to carry out this subsection in a manner that ensures minimal disruption to how a health care provider currently acquires applicable antimicrobial drugs. (2) Regulations \n(A) In general \nTo carry out this subsection, the Secretary shall promulgate regulations to identify the Federal health care programs applicable under this section, including Medicare part A and Medicaid, and to establish the methodology and data collection requirements necessary to calculate the amount under paragraph (1)(A). (B) Methodology \nAny methodology established for the collection of data and calculation of the amount under paragraph (1)(A) shall take into account any legally mandated or voluntary discounts and rebates provided by the manufacturer of the applicable antimicrobial drug to the Federal health care programs that pay for such drug, on the condition that the Secretary may presume that discounts not described in subclauses (I) and (II) of subparagraph (C)(ii) are captured in the price determined under subparagraph (C)(i)(II). (C) Estimating annual net revenue \n(i) In general \nIn determining the net revenue from sales of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs for the purpose of calculating the amount under paragraph (1)(A), the Secretary shall determine such net revenue amount by multiplying— (I) the total number of billing units of such antimicrobial drugs reported under the process described in subparagraph (D)(ii) for the applicable payment installment period; by (II) the average sales price (as defined in section 1847A(c) of the Social Security Act), the average manufacturer price (as defined in section 1927(k)(1) of the Social Security Act), or another pricing metric used in Federal health care programs, for such antimicrobial drugs. (ii) Requirement \nThe Secretary shall adjust the amount determined under clause (i)(II) to account for— (I) rebates, discounts, add-on payments, or other adjustments provided under— (aa) section 340B; or (bb) section 1927 of the Social Security Act; or (II) negotiated price concessions described in section 1860D–2(d)(1)(B) of the Social Security Act that are not captured in the applicable price. (D) Coding \n(i) In general \nIn promulgating regulations under subparagraph (A), the Secretary shall, as appropriate, establish and assign codes, under existing or new coding systems, to identify units of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs. (ii) Coding use requirements \nIn promulgating regulations under subparagraph (A), the Secretary shall require hospitals (or other providers or suppliers) that administer applicable antimicrobial drugs in the inpatient or outpatient setting to report on their claims to such Federal health care programs the billing units of such antimicrobial drugs used in the care of beneficiaries or enrollees in each Federal health care program, regardless of whether payment for those units are separately reimbursed. (3) Definitions \nIn this subsection: (A) Applicable antimicrobial drug \nThe term applicable antimicrobial drug means an antimicrobial drug for which the sponsor of such drug receives a subscription contract under subsection (a). (B) Federal health care program \nThe term Federal health care program has the meaning given such term in section 1128B(f) of the Social Security Act, except that, for purposes of this subsection, such term includes the health insurance program under chapter 89 of title 5, United States Code. (k) Failure To adhere to terms \nThe Secretary shall cease any payment installments under a contract under this section if— (1) the sponsor— (A) permanently withdraws the antimicrobial drug from the market in the United States; (B) fails to meet the requirements described in subsection (c); or (C) does not complete a postmarket study required by the Food and Drug Administration during the term of the contract; (2) the annual international and private insurance market revenues with respect to an antimicrobial drug (not counting any subscription revenues from any source pursuant to a contract under this section or other international or private entities) exceed 5 times the average annual amount of the subscription contract paid by the Secretary as certified by the sponsor annually; or (3) if the total revenue of the sponsor from government programs that pay for drugs subject to a contract agreement entered into pursuant to this section for a year exceeds the amount of the subscription contract paid by the Secretary for that year. (l) Private payer and international payer participation \nThe Secretary shall make efforts to increase the participation of domestic private payors and international payors in subscription contracts or other types of value-based arrangements that are similar to the subscription contracts authorized under this section. (m) Effect \nNothing in this section permits the Secretary to use evidence from comparative clinical effectiveness research in a manner that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill in determining the value of an antimicrobial drug or a subscription contract (or a transitional subscription contract), including in such a way that would limit patient access.", "id": "id268AA0537E174289A7F55EC9F37C2101", "header": "Establishment of Subscription Contract Office; subscription contracts", "nested": [ { "text": "(a) Subscription contract office \n(1) In general \nNot later than 180 days after the date of enactment of this part, the Secretary shall establish within the Administration for Strategic Preparedness and Response an office, to be known as the Subscription Contract Office , the head of which shall be the Director (referred to in this section as the Director ). (2) Purpose \nThe purpose of the Office established under paragraph (1) shall be to manage the establishment and payment of subscription contracts awarded under this section, including eligibility, requirements, and contract amounts.", "id": "id6fbebafa436348e9a8e8281c3b395edf", "header": "Subscription contract office", "nested": [], "links": [] }, { "text": "(b) Application for a subscription contract \n(1) Submission of applications \nAfter approval under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensure under section 351(a), the sponsor of an antimicrobial drug designated as a critical need antimicrobial under section 399OO–1 may submit an application for a subscription contract to the Director, under a procedure established by the Director. (2) Review of applications \nThe Director, in consultation with the Committee, shall— (A) review all applications for subscription contracts under paragraph (1) and assess all required application components; (B) determine the extent to which the critical need antimicrobial drug covered by the application meets the favored characteristics identified under section 399OO(c)(2); and (C) deny any application for a drug that does not meet the minimum number and kind of favored characteristics needed for the drug to be designated as a critical need antimicrobial based on the regulations issue under section 399OO(d).", "id": "idc7aa9d5b82564136962326b50f0ae85c", "header": "Application for a subscription contract", "nested": [], "links": [] }, { "text": "(c) Requirements \nAs a condition of entering into a subscription contract under this section, the sponsor of the critical need antimicrobial drug covered by the application shall agree to— (1) ensure commercial availability of the antimicrobial drug within 30 days of receiving first payment under the contract, and sufficient supply for susceptibility device manufacturers; (2) identify, track, and publicly report drug resistance data, and trends using available data related to the antimicrobial drug; (3) develop and implement education and communications strategies, including communications for individuals with limited English proficiency and individuals with disabilities, for health care professionals and patients about appropriate use of the antimicrobial drug; (4) submit an appropriate use assessment to the Secretary, the Committee, the Administrator of the Food and Drug Administration, and the Director of the Centers for Disease Control and Prevention every 2 years regarding use of the antimicrobial drug, including how the drug is being marketed; (5) submit a plan for registering the drug in additional countries where an unmet medical need exists; (6) ensure a reliable drug supply chain, where any interruption to the supply chain will not last for more than 60 days in the United States; (7) complete any postmarketing studies required by the Food and Drug Administration in a timely manner; (8) produce the drug at a reasonable volume determined with the Director to ensure patient access to the drug; (9) abide by the manufacturing and environmental best practices in the supply chain for the control of discharge of antimicrobial active pharmaceutical ingredients to ensure minimal discharge into, or contamination of, the environment by antimicrobial agents or products as a result of the manufacturing process; and (10) abide by such other terms as the Director may require.", "id": "id93a4934f5b01406f9fd383bc04528610", "header": "Requirements", "nested": [], "links": [] }, { "text": "(d) Monetary value \n(1) In general \nThe Director, in consultation with the Committee, shall assign a monetary value to each subscription contract under this section based on the regulations developed under section 399OO(d). (2) Considerations \nIn assigning a monetary value to a subscription contract under paragraph (1), the Director shall take into account the favored characteristic or combination of favored characteristics of the drug covered by the contract, as determined by the Director, in consultation with the Committee, under subsection (b)(2)(B).", "id": "id936ea46e9b4443118ae8b5b02b1ca8b9", "header": "Monetary value", "nested": [], "links": [] }, { "text": "(e) Amount of contracts \n(1) In general \nA subscription contract under this section shall be for the sale to the Secretary of any quantity of the antimicrobial drug covered by the contract needed over the term of the contract, at a price agreed on by the sponsor and the Director, based on the monetary value assigned to the contract under subsection (d). (2) Minimum and maximum amount \nThe total projected amount to be paid by the Director under a subscription contract under this section shall be not less than $750,000,000 and not more than $3,000,000,000, adjusted for inflation.", "id": "id9ceaf5e8f8c0496b84605b5747f21449", "header": "Amount of contracts", "nested": [], "links": [] }, { "text": "(f) Term \n(1) Initial term \nThe initial term of a subscription contract under this section shall be— (A) not less than 5 years; and (B) not greater than the greater of— (i) 10 years; and (ii) the remaining period of time during which the sponsor has patent protections or a remaining exclusivity period with respect to the antimicrobial drug in the United States, as listed in the publication of the Food and Drug Administration entitled Approved Drug Products with Therapeutic Equivalence Evaluations. (2) Effect \nA subscription contract shall remain in effect for the period described in paragraph (1) even if the infection treated by the antimicrobial drug covered by the subscription contract is later removed from the list of infections under section 399OO(c)(1). (3) Extension of contracts \nThe Director may extend a subscription contract with a sponsor under this subsection beyond the initial contract period. A single contract extension may be in effect not later than the date on which all periods of exclusivity granted by the Food and Drug Administration expire and shall be in an amount not to exceed $25,000,000 per year. All other terms of an extended contract shall be the same as the terms of the initial contract. The total amount of funding used on such contract extensions shall be no more than $1,000,000,000, and shall be allocated from the amount made available under section 399OO–4(a). (4) Modification of contracts \nThe Director or sponsor, 1 year after the start of the contract period under this subsection and every 2 years thereafter, may request a modification of the amount of the contract based on information that adjusts favored characteristics in section 399OO(c)(2).", "id": "id01cf9f6ab05b4b079c88881118a7d1fb", "header": "Term", "nested": [], "links": [] }, { "text": "(g) Payments \n(1) In general \nNot later than 180 days after the date on which a subscription contract is granted under subsection (a), the Director shall provide payments for drugs purchased under the contract in installments established by the Director, in consultation with the sponsor of the antimicrobial drug and in accordance with subsection (j). (2) Timing of payments \nThe Director— (A) may make payments under paragraph (1) in equal annual installments; and (B) shall not make such payments more frequently than twice per year. (3) Option \nThe sponsor shall have the option to receive 50 percent of the payment amount due in the last year of the contract during the first year of the contract in order to offset costs of establishing manufacturing capacity. (4) Funding \nPayments under this subsection shall be allocated from the amount made available under section 399OO–4(a). (5) Adjustment \nIn the case of an antimicrobial drug that received a transitional subscription contract under section 399OO(f), the amount of a subscription contract for such drug under this section shall be reduced by the amount of the transitional subscription contract under such section 399OO(f) for such drug.", "id": "idb1a9f2294825480697cf753490692a21", "header": "Payments", "nested": [], "links": [] }, { "text": "(h) Use of contract funds \nFunds received by the sponsor under a subscription contract under this section shall be used— (1) to meet the requirements described in subsection (c); and (2) to support the completion of postmarketing clinical studies, manufacturing, other preclinical and clinical activities, or other activities agreed to by the Director and sponsor in the contract.", "id": "idd328387e883e479ba3df59cb667c0b2e", "header": "Use of contract funds", "nested": [], "links": [] }, { "text": "(i) Contracts for generic and biosimilar versions \nNotwithstanding any other provision of this part, the Director may award a subscription contract under this section to a manufacturer of a generic or biosimilar version of an antimicrobial drug for which a subscription contract has been awarded under this section. Such contracts shall be awarded in accordance with a procedure, including for determining the terms and amounts of such contracts, established by the Director.", "id": "id3198E9AC3F7C44219ED658A5A1D18234", "header": "Contracts for generic and biosimilar versions", "nested": [], "links": [] }, { "text": "(j) Antimicrobial drug sponsor revenue limitations \n(1) Requirement \n(A) In general \nWith respect to a payment installment under a subscription contract entered into under this section, the net revenue from sales of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs during the period covered by the payment installment shall be subtracted from the payment installment. (B) Payment \nThe amount calculated under subparagraph (A) shall be paid by the Secretary to the relevant Federal health care program (or its trust fund) at the time of the applicable installment payment. (C) Coordination \nThe Director shall coordinate with the relevant agencies of the Federal Government, including the Centers for Medicare and Medicaid Services, to carry out this subsection in a manner that ensures minimal disruption to how a health care provider currently acquires applicable antimicrobial drugs. (2) Regulations \n(A) In general \nTo carry out this subsection, the Secretary shall promulgate regulations to identify the Federal health care programs applicable under this section, including Medicare part A and Medicaid, and to establish the methodology and data collection requirements necessary to calculate the amount under paragraph (1)(A). (B) Methodology \nAny methodology established for the collection of data and calculation of the amount under paragraph (1)(A) shall take into account any legally mandated or voluntary discounts and rebates provided by the manufacturer of the applicable antimicrobial drug to the Federal health care programs that pay for such drug, on the condition that the Secretary may presume that discounts not described in subclauses (I) and (II) of subparagraph (C)(ii) are captured in the price determined under subparagraph (C)(i)(II). (C) Estimating annual net revenue \n(i) In general \nIn determining the net revenue from sales of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs for the purpose of calculating the amount under paragraph (1)(A), the Secretary shall determine such net revenue amount by multiplying— (I) the total number of billing units of such antimicrobial drugs reported under the process described in subparagraph (D)(ii) for the applicable payment installment period; by (II) the average sales price (as defined in section 1847A(c) of the Social Security Act), the average manufacturer price (as defined in section 1927(k)(1) of the Social Security Act), or another pricing metric used in Federal health care programs, for such antimicrobial drugs. (ii) Requirement \nThe Secretary shall adjust the amount determined under clause (i)(II) to account for— (I) rebates, discounts, add-on payments, or other adjustments provided under— (aa) section 340B; or (bb) section 1927 of the Social Security Act; or (II) negotiated price concessions described in section 1860D–2(d)(1)(B) of the Social Security Act that are not captured in the applicable price. (D) Coding \n(i) In general \nIn promulgating regulations under subparagraph (A), the Secretary shall, as appropriate, establish and assign codes, under existing or new coding systems, to identify units of the applicable antimicrobial drug for beneficiaries or enrollees in Federal health care programs. (ii) Coding use requirements \nIn promulgating regulations under subparagraph (A), the Secretary shall require hospitals (or other providers or suppliers) that administer applicable antimicrobial drugs in the inpatient or outpatient setting to report on their claims to such Federal health care programs the billing units of such antimicrobial drugs used in the care of beneficiaries or enrollees in each Federal health care program, regardless of whether payment for those units are separately reimbursed. (3) Definitions \nIn this subsection: (A) Applicable antimicrobial drug \nThe term applicable antimicrobial drug means an antimicrobial drug for which the sponsor of such drug receives a subscription contract under subsection (a). (B) Federal health care program \nThe term Federal health care program has the meaning given such term in section 1128B(f) of the Social Security Act, except that, for purposes of this subsection, such term includes the health insurance program under chapter 89 of title 5, United States Code.", "id": "ide5985fc862d44880b05e7f55a816d21c", "header": "Antimicrobial drug sponsor revenue limitations", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(k) Failure To adhere to terms \nThe Secretary shall cease any payment installments under a contract under this section if— (1) the sponsor— (A) permanently withdraws the antimicrobial drug from the market in the United States; (B) fails to meet the requirements described in subsection (c); or (C) does not complete a postmarket study required by the Food and Drug Administration during the term of the contract; (2) the annual international and private insurance market revenues with respect to an antimicrobial drug (not counting any subscription revenues from any source pursuant to a contract under this section or other international or private entities) exceed 5 times the average annual amount of the subscription contract paid by the Secretary as certified by the sponsor annually; or (3) if the total revenue of the sponsor from government programs that pay for drugs subject to a contract agreement entered into pursuant to this section for a year exceeds the amount of the subscription contract paid by the Secretary for that year.", "id": "idc542ffc2acd0494782a84370a127f460", "header": "Failure To adhere to terms", "nested": [], "links": [] }, { "text": "(l) Private payer and international payer participation \nThe Secretary shall make efforts to increase the participation of domestic private payors and international payors in subscription contracts or other types of value-based arrangements that are similar to the subscription contracts authorized under this section.", "id": "id33B691AB00DB446395971AAD92226A1E", "header": "Private payer and international payer participation", "nested": [], "links": [] }, { "text": "(m) Effect \nNothing in this section permits the Secretary to use evidence from comparative clinical effectiveness research in a manner that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill in determining the value of an antimicrobial drug or a subscription contract (or a transitional subscription contract), including in such a way that would limit patient access.", "id": "idb2e33c33b7974bda849da75571ec80e1", "header": "Effect", "nested": [], "links": [] } ], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "399OO–3. Encouraging appropriate use of antimicrobials and combating resistance \n(a) Establishment of health facility grant program \n(1) In general \nNot later than 1 year after the date of enactment of this part, the Secretary shall establish a grant program under the Centers for Disease Control and Prevention to support hospital, skilled nursing facility, and other health care facility efforts— (A) to judiciously use antimicrobial drugs, such as by establishing or implementing appropriate use programs, including infectious disease telehealth programs, using appropriate diagnostic tools, partnering with academic hospitals, increasing health care-associated infection reporting and prevention efforts, and monitoring antimicrobial resistance; and (B) to participate in the National Healthcare Safety Network Antimicrobial Use and Resistance Module or the Emerging Infections Program Healthcare-Associated Infections Community Interface activity of the Centers for Disease Control and Prevention or a similar reporting program, as specified by the Secretary, relating to antimicrobial drugs. (2) Prioritization \nIn awarding grants under paragraph (1), the Secretary shall prioritize health care facilities without an existing program to judiciously use antimicrobial drugs, subsection (d) hospitals (as defined in subparagraph (B) of section 1886(d)(2) of the Social Security Act that are located in rural areas (as defined in subparagraph (D) of such section), critical access hospitals (as defined in section 1861(mm)(1) of such Act), hospitals serving Tribal populations, and safety-net hospitals. (b) Surveillance and reporting of antimicrobial use and resistance \n(1) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the National Healthcare Safety Network and other appropriate surveillance systems to assess trends in antimicrobial resistance and antibiotic and antifungal use, such as— (A) appropriate conditions and measures causally related to antimicrobial resistance, including types of infections, the source or body sites of infections, the demographic information of patients with infections, and infection onset in a community or hospital setting, increased lengths of hospital stay, increased costs, and rates of mortality; and (B) changes in bacterial and fungal resistance to antimicrobial drugs, including changes in percent resistance, prevalence of antimicrobial-resistant infections, rates of mortality, and other such changes. (2) Antimicrobial use data \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall obtain reliable and comparable human antibiotic and antifungal drug consumption data (including, as available and appropriate, volume antimicrobial distribution data and antibiotic and antifungal use data, including prescription data) by State or metropolitan areas. To accomplish this, the Centers for Disease Control and Prevention may work with, as appropriate, Federal departments and agencies (including the Department of Veterans Affairs, the Department of Defense, the Department of Homeland Security, the Bureau of Prisons, the Indian Health Service, and the Centers for Medicare & Medicaid Services), private vendors, health care organizations, pharmacy benefit managers, and other entities. (3) Antimicrobial resistance trend data \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall intensify and expand efforts to collect antimicrobial resistance data and encourage adoption of the Antibiotic Use and Resistance Module within the National Healthcare Safety Network among all health care facilities across the continuum of care, including, as appropriate, acute care hospitals, dialysis facilities, nursing homes, ambulatory surgical centers, and other ambulatory health care settings in which antimicrobial drugs are routinely prescribed. The Secretary shall seek to collect such data from electronic medication administration reports and laboratory systems to produce the reports described in paragraph (4). (4) Public availability of data \nBeginning on the date that is 2 years after the date of enactment of this part, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, for the purposes of improving the monitoring of important trends in antimicrobial use and resistance, and, as appropriate, patient outcomes in relation to antimicrobial resistance— (A) make the data described under this subsection publicly available through reports and web updates issued on a regular basis that is not less than annually; and (B) examine opportunities to make such data available in near real time. (c) Publication of clinical guidelines \nNot later than 1 year after the date the Secretary makes the first designation under section 399OO–1(a), and not less than every 3 years thereafter, the Secretary shall publish at least one update to clinical guidelines in consultation with relevant professional societies. As appropriate, guideline updates shall include each antimicrobial drug that has been approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a) and that has been designated under section 399OO–1(a), which guidelines shall set forth the evidence-based recommendations for prescribing the drug for the relevant infection time, in accordance with the available evidence after consultation under section 399OO-1(c)(2), as appropriate. (d) Funding \nThe Secretary may use not more than 5 percent of the amounts appropriated under section 399OO–4(a) to carry out this section.", "id": "id6b8a8f5067674f61b7fac91f8c48ed3a", "header": "Encouraging appropriate use of antimicrobials and combating resistance", "nested": [ { "text": "(a) Establishment of health facility grant program \n(1) In general \nNot later than 1 year after the date of enactment of this part, the Secretary shall establish a grant program under the Centers for Disease Control and Prevention to support hospital, skilled nursing facility, and other health care facility efforts— (A) to judiciously use antimicrobial drugs, such as by establishing or implementing appropriate use programs, including infectious disease telehealth programs, using appropriate diagnostic tools, partnering with academic hospitals, increasing health care-associated infection reporting and prevention efforts, and monitoring antimicrobial resistance; and (B) to participate in the National Healthcare Safety Network Antimicrobial Use and Resistance Module or the Emerging Infections Program Healthcare-Associated Infections Community Interface activity of the Centers for Disease Control and Prevention or a similar reporting program, as specified by the Secretary, relating to antimicrobial drugs. (2) Prioritization \nIn awarding grants under paragraph (1), the Secretary shall prioritize health care facilities without an existing program to judiciously use antimicrobial drugs, subsection (d) hospitals (as defined in subparagraph (B) of section 1886(d)(2) of the Social Security Act that are located in rural areas (as defined in subparagraph (D) of such section), critical access hospitals (as defined in section 1861(mm)(1) of such Act), hospitals serving Tribal populations, and safety-net hospitals.", "id": "idfff076b2cd5642ada8e03677aa3b1cc2", "header": "Establishment of health facility grant program", "nested": [], "links": [] }, { "text": "(b) Surveillance and reporting of antimicrobial use and resistance \n(1) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the National Healthcare Safety Network and other appropriate surveillance systems to assess trends in antimicrobial resistance and antibiotic and antifungal use, such as— (A) appropriate conditions and measures causally related to antimicrobial resistance, including types of infections, the source or body sites of infections, the demographic information of patients with infections, and infection onset in a community or hospital setting, increased lengths of hospital stay, increased costs, and rates of mortality; and (B) changes in bacterial and fungal resistance to antimicrobial drugs, including changes in percent resistance, prevalence of antimicrobial-resistant infections, rates of mortality, and other such changes. (2) Antimicrobial use data \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall obtain reliable and comparable human antibiotic and antifungal drug consumption data (including, as available and appropriate, volume antimicrobial distribution data and antibiotic and antifungal use data, including prescription data) by State or metropolitan areas. To accomplish this, the Centers for Disease Control and Prevention may work with, as appropriate, Federal departments and agencies (including the Department of Veterans Affairs, the Department of Defense, the Department of Homeland Security, the Bureau of Prisons, the Indian Health Service, and the Centers for Medicare & Medicaid Services), private vendors, health care organizations, pharmacy benefit managers, and other entities. (3) Antimicrobial resistance trend data \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall intensify and expand efforts to collect antimicrobial resistance data and encourage adoption of the Antibiotic Use and Resistance Module within the National Healthcare Safety Network among all health care facilities across the continuum of care, including, as appropriate, acute care hospitals, dialysis facilities, nursing homes, ambulatory surgical centers, and other ambulatory health care settings in which antimicrobial drugs are routinely prescribed. The Secretary shall seek to collect such data from electronic medication administration reports and laboratory systems to produce the reports described in paragraph (4). (4) Public availability of data \nBeginning on the date that is 2 years after the date of enactment of this part, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, for the purposes of improving the monitoring of important trends in antimicrobial use and resistance, and, as appropriate, patient outcomes in relation to antimicrobial resistance— (A) make the data described under this subsection publicly available through reports and web updates issued on a regular basis that is not less than annually; and (B) examine opportunities to make such data available in near real time.", "id": "idb3d9287111484a9bbce14c76dad22979", "header": "Surveillance and reporting of antimicrobial use and resistance", "nested": [], "links": [] }, { "text": "(c) Publication of clinical guidelines \nNot later than 1 year after the date the Secretary makes the first designation under section 399OO–1(a), and not less than every 3 years thereafter, the Secretary shall publish at least one update to clinical guidelines in consultation with relevant professional societies. As appropriate, guideline updates shall include each antimicrobial drug that has been approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or licensed under section 351(a) and that has been designated under section 399OO–1(a), which guidelines shall set forth the evidence-based recommendations for prescribing the drug for the relevant infection time, in accordance with the available evidence after consultation under section 399OO-1(c)(2), as appropriate.", "id": "id21695c1d4ee44e58966c6103d3c8003f", "header": "Publication of clinical guidelines", "nested": [], "links": [] }, { "text": "(d) Funding \nThe Secretary may use not more than 5 percent of the amounts appropriated under section 399OO–4(a) to carry out this section.", "id": "id2d9f8863161e435ab773fdb0fad714ff", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "399OO–4. Appropriations \n(a) In general \nTo carry out this part, there are hereby appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $6,000,000,000 for fiscal year 2024, to remain available until expended. (b) Emergency designation \n(1) In general \nThe amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010. (2) Designation in senate \nIn the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.", "id": "id4652245c0da4424bb13b998cdfac2e82", "header": "Appropriations", "nested": [ { "text": "(a) In general \nTo carry out this part, there are hereby appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $6,000,000,000 for fiscal year 2024, to remain available until expended.", "id": "idcbd793eb977b46a9a5bfbda8b03a7e81", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Emergency designation \n(1) In general \nThe amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010. (2) Designation in senate \nIn the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.", "id": "id33529a189db64e50b38b7ae7d1758c03", "header": "Emergency designation", "nested": [], "links": [] } ], "links": [] }, { "text": "399OO–5. Studies and reports \n(a) In general \nNot later than 6 years after the date of enactment of this part, the Comptroller General of the United States shall complete a study on the effectiveness of this part in developing priority antimicrobial drugs. Such study shall examine the indications for, usage of, development of resistance with respect to, and private and societal value of critical need antimicrobial drugs, and the impact of the programs under this part on markets of critical need antimicrobial drugs. The Comptroller General shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the findings of such study. (b) Antibiotic use in the United States; annual reports \nThe Director of the Centers for Disease Control and Prevention shall, each year, update the report entitled Antibiotic Use in the United States to include updated information on progress and opportunities with respect to data, programs, and resources for prescribers to promote appropriate use of antimicrobial drugs. (c) Report on antimicrobial prophylactics \nNot later than 3 years after the date of enactment of this part, the Director of the Centers for Disease Control and Prevention shall publish a report on antimicrobial prophylactics.", "id": "id7310c26c824b4824af200bc6ed3778ea", "header": "Studies and reports", "nested": [ { "text": "(a) In general \nNot later than 6 years after the date of enactment of this part, the Comptroller General of the United States shall complete a study on the effectiveness of this part in developing priority antimicrobial drugs. Such study shall examine the indications for, usage of, development of resistance with respect to, and private and societal value of critical need antimicrobial drugs, and the impact of the programs under this part on markets of critical need antimicrobial drugs. The Comptroller General shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the findings of such study.", "id": "idD033C016315A444BB3BC59FDF9D4AC85", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Antibiotic use in the United States; annual reports \nThe Director of the Centers for Disease Control and Prevention shall, each year, update the report entitled Antibiotic Use in the United States to include updated information on progress and opportunities with respect to data, programs, and resources for prescribers to promote appropriate use of antimicrobial drugs.", "id": "id1b47ed64ada04b79935ced6e30190d1f", "header": "Antibiotic use in the United States; annual reports", "nested": [], "links": [] }, { "text": "(c) Report on antimicrobial prophylactics \nNot later than 3 years after the date of enactment of this part, the Director of the Centers for Disease Control and Prevention shall publish a report on antimicrobial prophylactics.", "id": "id29a0d4e5d51341cd8433993c03281d2c", "header": "Report on antimicrobial prophylactics", "nested": [], "links": [] } ], "links": [] }, { "text": "399OO–6. Definitions \nIn this part— (1) the term antimicrobial drug — (A) means, subject to subparagraph (B), a product that is— (i) a drug that directly inhibits replication of or kills bacteria or fungi, or acts on the substances produced by such bacteria or fungi, relevant to the proposed indication at concentrations likely to be attainable in humans to achieve the intended therapeutic effect; or (ii) a biological product that acts directly on bacteria or fungi or on the substances produced by such bacteria or fungi; and (B) does not include— (i) a drug that achieves the effect described by subparagraph (A)(i) only at a concentration that cannot reasonably be studied in humans because of its anticipated toxicity; or (ii) a vaccine; and (2) the term Committee means the Committee on Critical Need Antimicrobials established under section 399OO(a).", "id": "iddfffb5c354bc43d7852b550cb21c9132", "header": "Definitions", "nested": [], "links": [] } ]

[ "Administrative law and regulatory procedures", "Advanced technology and technological innovations", "Advisory bodies", "Appropriations", "Department of Health and Human Services", "Drug therapy", "Executive agency funding and structure", "Government information and archives", "Government studies and investigations", "Health information and medical records", "Infectious and parasitic diseases", "Medical research", "Prescription drugs", "Public contracts and procurement", "Research and development" ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting Ballot Measures from Foreign Influence Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda \n(a) In general \nSection 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ) is amended by inserting “, or a State or local ballot initiative or ballot referendum” after election. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to contributions and donations made on or after the date of enactment of this Act.", "id": "idF58C25E5DAE3452D98BBAEA97E9D3442", "header": "Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda", "nested": [ { "text": "(a) In general \nSection 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ) is amended by inserting “, or a State or local ballot initiative or ballot referendum” after election.", "id": "id8F40618FA6E3488291986B2E0187CD5B", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30121(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to contributions and donations made on or after the date of enactment of this Act.", "id": "idEEA422B5A46C44B0B4EBFB075DD106DC", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] } ]

[ "Elections, voting, political campaign regulation", "State and local government operations" ]

[ { "text": "1. Short title \nThis Act may be cited as the Require Employees To Uniformly Return Now Act or the RETURN Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Bringing IRS employees back to the office \n(a) In general \nNotwithstanding any other law, in the case of an applicable employee, such employee shall not be authorized to telework during the period— (1) beginning on the date that is 5 business days after the date of enactment of this Act, and (2) ending on the date on which the Commissioner of Internal Revenue certifies that the processing backlog with respect to income tax returns has been eliminated. (b) Definitions \nIn this section— (1) Applicable employee \nThe term applicable employee means an employee of the Internal Revenue Service who, as of the date of enactment of this Act, is authorized to telework, on a temporary or permanent basis, pursuant to a policy established by the Commissioner of Internal Revenue in response to the coronavirus disease 2019 (COVID–19). (2) Telework \nThe term telework has the same meaning given such term under section 6501(3) of title 5, United States Code.", "id": "id074395B8C435428FBAC0D4F6776990D1", "header": "Bringing IRS employees back to the office", "nested": [ { "text": "(a) In general \nNotwithstanding any other law, in the case of an applicable employee, such employee shall not be authorized to telework during the period— (1) beginning on the date that is 5 business days after the date of enactment of this Act, and (2) ending on the date on which the Commissioner of Internal Revenue certifies that the processing backlog with respect to income tax returns has been eliminated.", "id": "id6E6F808B813A4B20969372CE0C8CA1B5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section— (1) Applicable employee \nThe term applicable employee means an employee of the Internal Revenue Service who, as of the date of enactment of this Act, is authorized to telework, on a temporary or permanent basis, pursuant to a policy established by the Commissioner of Internal Revenue in response to the coronavirus disease 2019 (COVID–19). (2) Telework \nThe term telework has the same meaning given such term under section 6501(3) of title 5, United States Code.", "id": "id070DA3305C284E37BAE57F668C3F827D", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Cardiovascular and respiratory health", "Department of the Treasury", "Emergency medical services and trauma care", "Government Operations and Politics", "Government employee pay, benefits, personnel management", "Infectious and parasitic diseases", "Internal Revenue Service (IRS)", "Tax administration and collection, taxpayers" ]

[ { "text": "1. Short title \nThis Act may be cited as the Interagency Committee on Women’s Business Enterprise Act of 2023.", "id": "id081647e9-0516-4e68-bd07-2c81134874f7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Interagency Committee on Women’s Business Enterprise \nTitle IV of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7101 et seq. ) is amended— (1) in section 402 ( 15 U.S.C. 7102 )— (A) in subsection (a)— (i) by striking paragraphs (2) and (5); (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (iii) by adding at the end the following: (4) monitor the plans, programs, and operations of the departments and agencies of the Federal Government to identify barriers to new business formation by women entrepreneurs, or barriers experienced by women-led startups in accessing and participating in the plans, programs, and operations of the departments and agencies of the Federal Government. ; (B) in subsection (b), by inserting after the first sentence the following: In addition to the meetings described in the preceding sentence, the Interagency Committee shall meet at the call of the executive director of the Council or the chairperson of the Interagency Committee. ; and (C) in subsection (c), in the first sentence, by inserting , including through the use of published research and policy independently developed by the Council after Council ; (2) in section 403 ( 15 U.S.C. 7103 )— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by inserting the Administrator, the executive director of the Council, and before 1 representative ; and (II) by adding at the end the following: (K) The National Aeronautics and Space Administration. (L) The Environmental Protection Agency. (M) The Office of Management and Budget. (N) The Minority Business Development Agency. (O) The Office of the Assistant Secretary for Indian Affairs of the Department of the Interior. (P) The Department of Veterans Affairs. ; and (ii) in paragraph (2)— (I) in subparagraph (A), by striking Small Business Administration Reauthorization Act of 1997 and inserting Interagency Committee on Women’s Business Enterprise Act of 2023 ; and (II) in subparagraph (B)— (aa) by striking Small Business ; (bb) by striking and shall report directly to the Administrator on the status of the activities on the Interagency Committee ; and (cc) by striking National Women’s Business Council established under section 405 and inserting Council ; and (B) by amending subsection (b) to read as follows: (b) Chairperson \nThe Administrator shall serve as chairperson of the Interagency Committee. ; (3) in section 404 ( 15 U.S.C. 7104 )— (A) in the matter preceding paragraph (1), by striking 1995 and inserting 2023 ; (B) in paragraph (1), by adding and at the end; (C) in paragraph (2), by striking ; and and inserting a period; and (D) by striking paragraph (3); and (4) in section 406(d)(6) ( 15 U.S.C. 7106(d)(6) )— (A) in the matter preceding subparagraph (A), by inserting and Entrepreneurship before of the Senate ; and (B) in subparagraph (A), by striking council and inserting Council.", "id": "id7e680cc4-c595-453a-a889-cc5aeb57a7d0", "header": "Interagency Committee on Women’s Business Enterprise", "nested": [], "links": [ { "text": "15 U.S.C. 7101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/7101" }, { "text": "15 U.S.C. 7102", "legal-doc": "usc", "parsable-cite": "usc/15/7102" }, { "text": "15 U.S.C. 7103", "legal-doc": "usc", "parsable-cite": "usc/15/7103" }, { "text": "15 U.S.C. 7104", "legal-doc": "usc", "parsable-cite": "usc/15/7104" }, { "text": "15 U.S.C. 7106(d)(6)", "legal-doc": "usc", "parsable-cite": "usc/15/7106" } ] } ]

[ "Advisory bodies", "Congressional oversight", "Disability and health-based discrimination", "Disability and paralysis", "Disability assistance", "Government information and archives", "Health programs administration and funding", "Health promotion and preventive care", "Hearing, speech, and vision care", "Higher education", "State and local government operations" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the FAA Reauthorization Act of 2023. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Authorizations Sec. 101. Airport planning and development and noise compatibility planning and programs. Sec. 102. Facilities and equipment. Sec. 103. FAA operations. Sec. 104. Extension of expiring authorities. Sec. 105. Authority to subpoena physical evidence. Sec. 106. Research, engineering, and development. Sec. 107. Effective date. TITLE II—FAA OVERSIGHT AND ORGANIZATION Subtitle A—Organization Sec. 201. Future of NextGen. Sec. 202. Airspace Innovation Office. Sec. 203. Commercial Software Options for Improving ASIAS Analytics. Sec. 204. Authority to use electronic service. Subtitle B—Regulatory Reform Sec. 211. Safety and efficiency through digitization of FAA systems. Sec. 212. Report elimination or modification. Sec. 213. Internal regulatory process review. Sec. 214. Review and Updates of Categorical Exclusions. TITLE III—SAFETY IMPROVEMENTS Sec. 301. Independent Study on future state of type certification processes. Sec. 302. Report on international validation program performance. Sec. 303. High risk flight testing. Sec. 304. Recording devices. Sec. 305. Helicopter safety. Sec. 306. Review and incorporation of human readiness levels into agency guidance material. Sec. 307. Service difficulty reports. Sec. 308. Accountability and compliance. Sec. 309. Accountability for aircraft registration numbers. Sec. 310. Aircraft registration. Sec. 311. FAA oversight of repair stations located outside the United States. Sec. 312. Alcohol and drug testing and background checks. Sec. 313. Continuous aircraft tracking and transmission for high altitude balloons. Sec. 314. International engagement. Sec. 315. Air tour and sport parachuting safety. Sec. 316. International aviation safety assessment program. Sec. 317. Changed product rule reform. Sec. 318. Development of low-cost voluntary ADS-B. Sec. 319. Public aircraft flight time logging eligibility. Sec. 320. Safety management systems. Sec. 321. Aviation safety information analysis and sharing program. Sec. 322. Consistent and timely pilot checks for air carriers. Sec. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations. Sec. 324. Tower marking compliance. Sec. 325. Administrative authority for civil penalties. Sec. 326. Civil penalties for whistleblower protection program violations. Sec. 327. Flight service stations. Sec. 328. Technical assistance agreements. Sec. 329. Restoration of authority. Sec. 330. Tarmac operations monitoring study. Sec. 331. GAO report on cybersecurity of commercial aviation avionics. Sec. 332. Securing aircraft avionics systems. Sec. 333. Maintenance data availability. Sec. 334. Study on airworthiness standards compliance. Sec. 335. Fire protection standards. Sec. 336. Cabin air safety. Sec. 337. Airport air safety. Sec. 338. Aircraft interchange agreement limitations. Sec. 339. Wildfire suppression. Sec. 340. Study on impacts of temperature in aircraft cabins. Sec. 341. Part 135 pilot supplemental oxygen requirement. Sec. 342. Crewmember pumping guidance. Sec. 343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act. TITLE IV—MODERNIZING THE NATIONAL AIRSPACE SYSTEM Sec. 401. NextGen accountability task force. Sec. 402. Use of advanced surveillance in oceanic airspace. Sec. 403. GPS monitoring pilot program. Sec. 404. Runway safety technologies. Sec. 405. Flight profile optimization. Sec. 406. Stars remote surveillance displays. Sec. 407. Audit of legacy systems. Sec. 408. Aeronautical mobile communications services. Sec. 409. Low altitude routes for vertical flight. Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program. Sec. 411. Extension of enhanced air traffic services pilot program. Sec. 412. NextGen equipage plan. Sec. 413. Performance based navigation report and utilization plan. Sec. 414. Air traffic control facility realignment study. TITLE V—AVIATION WORKFORCE Subtitle A—Civil Aviation Workforce Sec. 501. Aviation workforce development grants. Sec. 502. Women in Aviation Advisory Committee. Sec. 503. Study of high school aviation maintenance training programs. Sec. 504. Military aviation maintenance technicians rule. Sec. 505. Prohibition of remote dispatching. Sec. 506. Employee assault prevention and response plan standards and best practices. Sec. 507. Crewmember self-defense training. Sec. 508. Improving apron safety. Sec. 509. Aviation Medical Innovation and Modernization Working Group. Sec. 510. Airman Certification Standards. Subtitle B—FAA Workforce Sec. 521. Air traffic control staffing standards. Sec. 522. FAA Workforce review audit. Sec. 523. Direct hire authority utilization. Sec. 524. Staffing model for aviation safety inspectors. Sec. 525. Safety critical staffing. Sec. 526. Instrument landing system installation. Sec. 527. Aviation Certification Fellowship Program. Sec. 528. Contract Tower Program air traffic controller training programs. Sec. 529. Review of FAA and industry cooperative familiarization programs. Sec. 530. Improved access to air traffic control simulation training. Sec. 531. Air Traffic Controller Instructor Pipeline. Sec. 532. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes. Sec. 533. Federal aviation administration academy and facility expansion plan. TITLE VI—MODERNIZING AIRPORT SYSTEMS Sec. 601. AIP eligibility amendments. Sec. 602. Revised minimum apportionments. Sec. 603. Apportionments for transitioning airports. Sec. 604. Updating United States Government’s share of project costs. Sec. 605. Primary airport designation. Sec. 606. Discretionary fund for terminal development costs. Sec. 607. Alternative-delivery and advance-construction methods pilot program. Sec. 608. Integrated project delivery. Sec. 609. Airport investment partnership program. Sec. 610. Airport accessibility. Sec. 611. General aviation public-private partnership program. Sec. 612. Runway rehabilitation. Sec. 613. Extension of provision relating to airport access roads in remote locations. Sec. 614. Procurement regulations applicable to FAA multimodal projects. Sec. 615. Solar powered taxiway edge lighting systems. Sec. 616. Additional ground based transmitters. Sec. 617. Automated weather observing systems maintenance improvements. Sec. 618. Contract Tower Program. Sec. 619. Remote towers. Sec. 620. Grant assurances. Sec. 621. Civil penalties for grant assurances violations. Sec. 622. Community use of airport land. Sec. 623. Buckeye 940 release of deed restrictions. Sec. 624. Clarifying airport revenue use of local general sales taxes. Sec. 625. AIP handbook review. Sec. 626. PFAS-related resources for airports. Sec. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam. Sec. 628. Review of airport layout plans. Sec. 629. NEPA purpose and need statements. Sec. 630. Passenger facility charge streamlining. Sec. 631. Use of passenger facility charges for noise barriers. Sec. 632. Automated weather observing systems policy. Sec. 633. Infrastructure Investment and Jobs Act implementation. Sec. 634. Report on airport notifications. Sec. 635. Coastal airports resiliency study. Sec. 636. Survey of power distribution capacity. Sec. 637. Study on competition and airport access. Sec. 638. Regional airport capacity study. Sec. 639. Study on autonomous and electric-powered track systems. Sec. 640. Special rule for reclassification of certain unclassified airports. Sec. 641. General aviation airport runway extension pilot program. TITLE VII—AIR SERVICE IMPROVEMENTS Subtitle A—Consumer Enhancements Sec. 701. Advisory committee for aviation consumer protection. Sec. 702. Unrealistic or deceptive scheduling. Sec. 703. Refunds. Sec. 704. Airline passenger rights transparency act. Sec. 705. Disclosure of ancillary fees. Sec. 706. Access to customer service assistance for all travelers. Sec. 707. Frequent flyer programs and vouchers. Sec. 708. Airline customer service dashboards. Sec. 709. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights. Sec. 710. Enhancing child safety. Sec. 711. Codification of consumer protection provisions. Sec. 712. GAO study on competition and consolidation in the air carrier industry. Sec. 713. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards. Sec. 714. Increase in civil penalties. Sec. 715. Family seating. Sec. 716. Establishment of Office of Aviation Consumer Protection. Subtitle B—Accessibility Sec. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities. Sec. 732. Modernization and improvements to aircraft evacuation. Sec. 733. Improved training standards for assisting passengers who use wheelchairs. Sec. 734. Training standards for stowage of wheelchairs and scooters. Sec. 735. Mobility Aids On Board Improve Lives and Empower All Act. Sec. 736. Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023. Sec. 737. Transportation of organs. Sec. 738. Access and Dignity for All People who Travel Act. Sec. 739. Equal Accessibility to Passenger Portals Act. Sec. 740. Store On-board Wheelchairs in Cabin Act. Subtitle C—Air Service Development Sec. 741. Essential air service. Sec. 742. Small community air service development grants. Sec. 743. GAO study and report on the alternate Essential Air Service program. TITLE VIII—NEW ENTRANTS Subtitle A—Unmanned Aircraft Systems Sec. 801. Office of Advanced Aviation Technology and Innovation. Sec. 802. Advanced Aviation Technology and Innovation Steering Committee. Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems. Sec. 804. Extending special authority for certain unmanned aircraft systems. Sec. 805. Environmental Review and Noise Certification. Sec. 806. UTM implementation. Sec. 807. Operations over the high seas. Sec. 808. Extension of the BEYOND program. Sec. 809. Extension of the Know Before You Fly campaign. Sec. 810. Unmanned aircraft system data exchange. Sec. 811. Unmanned aircraft system detection and mitigation enforcement authority. Sec. 812. Recreational operations of drone systems. Sec. 813. UAS test ranges. Sec. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft. Sec. 815. Airport safety and airspace hazard mitigation and enforcement. Sec. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems. Subtitle B—Advanced Air Mobility Sec. 821. Sense of Congress on FAA leadership. Sec. 822. Aviation Rulemaking Committee on certification of powered-lift aircraft. Sec. 823. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects. Sec. 824. Advanced Air Mobility Working Group amendments. Sec. 825. Rules for operation of powered-lift aircraft. Sec. 826. International coordination on powered-lift aircraft. Sec. 827. Advanced air mobility propulsion systems aviation rulemaking committee. TITLE IX—RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES Sec. 901. Advanced materials center of excellence enhancements. Sec. 902. Center of excellence for unmanned aircraft systems. Sec. 903. ASSUREd safe credentialing authority. Sec. 904. FAA and NASA advanced aviation technologies pilot program. Sec. 905. Advancing global leadership on civil supersonic aircraft. Sec. 906. CLEEN engine and airframe technology partnership. Sec. 907. Hypersonic flight testing. Sec. 908. Hypersonic pathway to integration study. Sec. 909. Operating high-speed flights in high altitude Class E airspace. Sec. 910. Electric propulsion aircraft operations study. Sec. 911. Contract weather observers program. Sec. 912. Airfield pavement technology program. Sec. 913. National aviation research plan modification. Sec. 914. FAA and NASA research and development coordination review. Sec. 915. Research and development of FAA's aeronautical information systems modernization activities. Sec. 916. Center of Excellence for Alternative Jet Fuels and Environment. Sec. 917. Aircraft Noise Advisory Committee. TITLE X—MISCELLANEOUS Sec. 1001. Noise mitigation. TITLE XI—TECHNICAL CORRECTIONS Sec. 1101. Technical corrections.", "id": "S1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the FAA Reauthorization Act of 2023.", "id": "id3b3305d354174c1ea62938c9016d3ae2", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Authorizations Sec. 101. Airport planning and development and noise compatibility planning and programs. Sec. 102. Facilities and equipment. Sec. 103. FAA operations. Sec. 104. Extension of expiring authorities. Sec. 105. Authority to subpoena physical evidence. Sec. 106. Research, engineering, and development. Sec. 107. Effective date. TITLE II—FAA OVERSIGHT AND ORGANIZATION Subtitle A—Organization Sec. 201. Future of NextGen. Sec. 202. Airspace Innovation Office. Sec. 203. Commercial Software Options for Improving ASIAS Analytics. Sec. 204. Authority to use electronic service. Subtitle B—Regulatory Reform Sec. 211. Safety and efficiency through digitization of FAA systems. Sec. 212. Report elimination or modification. Sec. 213. Internal regulatory process review. Sec. 214. Review and Updates of Categorical Exclusions. TITLE III—SAFETY IMPROVEMENTS Sec. 301. Independent Study on future state of type certification processes. Sec. 302. Report on international validation program performance. Sec. 303. High risk flight testing. Sec. 304. Recording devices. Sec. 305. Helicopter safety. Sec. 306. Review and incorporation of human readiness levels into agency guidance material. Sec. 307. Service difficulty reports. Sec. 308. Accountability and compliance. Sec. 309. Accountability for aircraft registration numbers. Sec. 310. Aircraft registration. Sec. 311. FAA oversight of repair stations located outside the United States. Sec. 312. Alcohol and drug testing and background checks. Sec. 313. Continuous aircraft tracking and transmission for high altitude balloons. Sec. 314. International engagement. Sec. 315. Air tour and sport parachuting safety. Sec. 316. International aviation safety assessment program. Sec. 317. Changed product rule reform. Sec. 318. Development of low-cost voluntary ADS-B. Sec. 319. Public aircraft flight time logging eligibility. Sec. 320. Safety management systems. Sec. 321. Aviation safety information analysis and sharing program. Sec. 322. Consistent and timely pilot checks for air carriers. Sec. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations. Sec. 324. Tower marking compliance. Sec. 325. Administrative authority for civil penalties. Sec. 326. Civil penalties for whistleblower protection program violations. Sec. 327. Flight service stations. Sec. 328. Technical assistance agreements. Sec. 329. Restoration of authority. Sec. 330. Tarmac operations monitoring study. Sec. 331. GAO report on cybersecurity of commercial aviation avionics. Sec. 332. Securing aircraft avionics systems. Sec. 333. Maintenance data availability. Sec. 334. Study on airworthiness standards compliance. Sec. 335. Fire protection standards. Sec. 336. Cabin air safety. Sec. 337. Airport air safety. Sec. 338. Aircraft interchange agreement limitations. Sec. 339. Wildfire suppression. Sec. 340. Study on impacts of temperature in aircraft cabins. Sec. 341. Part 135 pilot supplemental oxygen requirement. Sec. 342. Crewmember pumping guidance. Sec. 343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act. TITLE IV—MODERNIZING THE NATIONAL AIRSPACE SYSTEM Sec. 401. NextGen accountability task force. Sec. 402. Use of advanced surveillance in oceanic airspace. Sec. 403. GPS monitoring pilot program. Sec. 404. Runway safety technologies. Sec. 405. Flight profile optimization. Sec. 406. Stars remote surveillance displays. Sec. 407. Audit of legacy systems. Sec. 408. Aeronautical mobile communications services. Sec. 409. Low altitude routes for vertical flight. Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program. Sec. 411. Extension of enhanced air traffic services pilot program. Sec. 412. NextGen equipage plan. Sec. 413. Performance based navigation report and utilization plan. Sec. 414. Air traffic control facility realignment study. TITLE V—AVIATION WORKFORCE Subtitle A—Civil Aviation Workforce Sec. 501. Aviation workforce development grants. Sec. 502. Women in Aviation Advisory Committee. Sec. 503. Study of high school aviation maintenance training programs. Sec. 504. Military aviation maintenance technicians rule. Sec. 505. Prohibition of remote dispatching. Sec. 506. Employee assault prevention and response plan standards and best practices. Sec. 507. Crewmember self-defense training. Sec. 508. Improving apron safety. Sec. 509. Aviation Medical Innovation and Modernization Working Group. Sec. 510. Airman Certification Standards. Subtitle B—FAA Workforce Sec. 521. Air traffic control staffing standards. Sec. 522. FAA Workforce review audit. Sec. 523. Direct hire authority utilization. Sec. 524. Staffing model for aviation safety inspectors. Sec. 525. Safety critical staffing. Sec. 526. Instrument landing system installation. Sec. 527. Aviation Certification Fellowship Program. Sec. 528. Contract Tower Program air traffic controller training programs. Sec. 529. Review of FAA and industry cooperative familiarization programs. Sec. 530. Improved access to air traffic control simulation training. Sec. 531. Air Traffic Controller Instructor Pipeline. Sec. 532. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes. Sec. 533. Federal aviation administration academy and facility expansion plan. TITLE VI—MODERNIZING AIRPORT SYSTEMS Sec. 601. AIP eligibility amendments. Sec. 602. Revised minimum apportionments. Sec. 603. Apportionments for transitioning airports. Sec. 604. Updating United States Government’s share of project costs. Sec. 605. Primary airport designation. Sec. 606. Discretionary fund for terminal development costs. Sec. 607. Alternative-delivery and advance-construction methods pilot program. Sec. 608. Integrated project delivery. Sec. 609. Airport investment partnership program. Sec. 610. Airport accessibility. Sec. 611. General aviation public-private partnership program. Sec. 612. Runway rehabilitation. Sec. 613. Extension of provision relating to airport access roads in remote locations. Sec. 614. Procurement regulations applicable to FAA multimodal projects. Sec. 615. Solar powered taxiway edge lighting systems. Sec. 616. Additional ground based transmitters. Sec. 617. Automated weather observing systems maintenance improvements. Sec. 618. Contract Tower Program. Sec. 619. Remote towers. Sec. 620. Grant assurances. Sec. 621. Civil penalties for grant assurances violations. Sec. 622. Community use of airport land. Sec. 623. Buckeye 940 release of deed restrictions. Sec. 624. Clarifying airport revenue use of local general sales taxes. Sec. 625. AIP handbook review. Sec. 626. PFAS-related resources for airports. Sec. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam. Sec. 628. Review of airport layout plans. Sec. 629. NEPA purpose and need statements. Sec. 630. Passenger facility charge streamlining. Sec. 631. Use of passenger facility charges for noise barriers. Sec. 632. Automated weather observing systems policy. Sec. 633. Infrastructure Investment and Jobs Act implementation. Sec. 634. Report on airport notifications. Sec. 635. Coastal airports resiliency study. Sec. 636. Survey of power distribution capacity. Sec. 637. Study on competition and airport access. Sec. 638. Regional airport capacity study. Sec. 639. Study on autonomous and electric-powered track systems. Sec. 640. Special rule for reclassification of certain unclassified airports. Sec. 641. General aviation airport runway extension pilot program. TITLE VII—AIR SERVICE IMPROVEMENTS Subtitle A—Consumer Enhancements Sec. 701. Advisory committee for aviation consumer protection. Sec. 702. Unrealistic or deceptive scheduling. Sec. 703. Refunds. Sec. 704. Airline passenger rights transparency act. Sec. 705. Disclosure of ancillary fees. Sec. 706. Access to customer service assistance for all travelers. Sec. 707. Frequent flyer programs and vouchers. Sec. 708. Airline customer service dashboards. Sec. 709. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights. Sec. 710. Enhancing child safety. Sec. 711. Codification of consumer protection provisions. Sec. 712. GAO study on competition and consolidation in the air carrier industry. Sec. 713. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards. Sec. 714. Increase in civil penalties. Sec. 715. Family seating. Sec. 716. Establishment of Office of Aviation Consumer Protection. Subtitle B—Accessibility Sec. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities. Sec. 732. Modernization and improvements to aircraft evacuation. Sec. 733. Improved training standards for assisting passengers who use wheelchairs. Sec. 734. Training standards for stowage of wheelchairs and scooters. Sec. 735. Mobility Aids On Board Improve Lives and Empower All Act. Sec. 736. Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023. Sec. 737. Transportation of organs. Sec. 738. Access and Dignity for All People who Travel Act. Sec. 739. Equal Accessibility to Passenger Portals Act. Sec. 740. Store On-board Wheelchairs in Cabin Act. Subtitle C—Air Service Development Sec. 741. Essential air service. Sec. 742. Small community air service development grants. Sec. 743. GAO study and report on the alternate Essential Air Service program. TITLE VIII—NEW ENTRANTS Subtitle A—Unmanned Aircraft Systems Sec. 801. Office of Advanced Aviation Technology and Innovation. Sec. 802. Advanced Aviation Technology and Innovation Steering Committee. Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems. Sec. 804. Extending special authority for certain unmanned aircraft systems. Sec. 805. Environmental Review and Noise Certification. Sec. 806. UTM implementation. Sec. 807. Operations over the high seas. Sec. 808. Extension of the BEYOND program. Sec. 809. Extension of the Know Before You Fly campaign. Sec. 810. Unmanned aircraft system data exchange. Sec. 811. Unmanned aircraft system detection and mitigation enforcement authority. Sec. 812. Recreational operations of drone systems. Sec. 813. UAS test ranges. Sec. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft. Sec. 815. Airport safety and airspace hazard mitigation and enforcement. Sec. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems. Subtitle B—Advanced Air Mobility Sec. 821. Sense of Congress on FAA leadership. Sec. 822. Aviation Rulemaking Committee on certification of powered-lift aircraft. Sec. 823. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects. Sec. 824. Advanced Air Mobility Working Group amendments. Sec. 825. Rules for operation of powered-lift aircraft. Sec. 826. International coordination on powered-lift aircraft. Sec. 827. Advanced air mobility propulsion systems aviation rulemaking committee. TITLE IX—RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES Sec. 901. Advanced materials center of excellence enhancements. Sec. 902. Center of excellence for unmanned aircraft systems. Sec. 903. ASSUREd safe credentialing authority. Sec. 904. FAA and NASA advanced aviation technologies pilot program. Sec. 905. Advancing global leadership on civil supersonic aircraft. Sec. 906. CLEEN engine and airframe technology partnership. Sec. 907. Hypersonic flight testing. Sec. 908. Hypersonic pathway to integration study. Sec. 909. Operating high-speed flights in high altitude Class E airspace. Sec. 910. Electric propulsion aircraft operations study. Sec. 911. Contract weather observers program. Sec. 912. Airfield pavement technology program. Sec. 913. National aviation research plan modification. Sec. 914. FAA and NASA research and development coordination review. Sec. 915. Research and development of FAA's aeronautical information systems modernization activities. Sec. 916. Center of Excellence for Alternative Jet Fuels and Environment. Sec. 917. Aircraft Noise Advisory Committee. TITLE X—MISCELLANEOUS Sec. 1001. Noise mitigation. TITLE XI—TECHNICAL CORRECTIONS Sec. 1101. Technical corrections.", "id": "id561b8e1ba1944fdfb2352b46af08c56d", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nUnless otherwise specified, the term Administrator means the Administrator of the Federal Aviation Administration. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (3) Comptroller General \nThe term Comptroller General means the Comptroller General of the United States. (4) FAA \nThe term FAA means the Federal Aviation Administration. (5) Secretary \nUnless otherwise specified, the term Secretary means the Secretary of Transportation.", "id": "id11051308296642f8835a3166a4566d6a", "header": "Definitions", "nested": [], "links": [] }, { "text": "101. Airport planning and development and noise compatibility planning and programs \n(a) Authorization \nSection 48103(a) of title 49, United States Code, is amended by striking paragraphs (1) through (6) and inserting the following: (1) $4,000,000,000 for fiscal year 2024; (2) $4,000,000,000 for fiscal year 2025; (3) $4,000,000,000 for fiscal year 2026; (4) $4,000,000,000 for fiscal year 2027; and (5) $4,000,000,000 for fiscal year 2028.. (b) Obligation authority \nSection 47104(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking 2023, and inserting 2028,.", "id": "H25D0DE3497454D83B73EE14C9766482C", "header": "Airport planning and development and noise compatibility planning and programs", "nested": [ { "text": "(a) Authorization \nSection 48103(a) of title 49, United States Code, is amended by striking paragraphs (1) through (6) and inserting the following: (1) $4,000,000,000 for fiscal year 2024; (2) $4,000,000,000 for fiscal year 2025; (3) $4,000,000,000 for fiscal year 2026; (4) $4,000,000,000 for fiscal year 2027; and (5) $4,000,000,000 for fiscal year 2028..", "id": "H24BDB5B1121E4067BE13788C6CEF578F", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Obligation authority \nSection 47104(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking 2023, and inserting 2028,.", "id": "HF07A856AFC634080B9751174C58CE82E", "header": "Obligation authority", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Facilities and equipment \nSection 48101(a) of title 49, United States Code, is amended by striking paragraphs (1) through (6) and inserting the following: (1) $3,575,000,000 for fiscal year 2024. (2) $3,625,000,000 for fiscal year 2025. (3) $3,675,000,000 for fiscal year 2026. (4) $3,675,000,000 for fiscal year 2027. (5) $3,675,000,000 for fiscal year 2028..", "id": "H698F93782400477ABF046E9810025149", "header": "Facilities and equipment", "nested": [], "links": [] }, { "text": "103. FAA operations \n(a) In general \nSection 106(k)(1) of title 49, United States Code, is amended by striking subparagraphs (A) through (F) and inserting the following: (A) $12,740,000,000 for fiscal year 2024; (B) $13,033,000,000 for fiscal year 2025; (C) $13,500,000,000 for fiscal year 2026; (D) $13,900,000,000 for fiscal year 2027; and (E) $14,400,000,000 for fiscal year 2028.. (b) Authority to transfer funds \nSection 106(k)(3) of title 49, United States Code, is amended by striking fiscal years 2018 through 2023 and inserting fiscal years 2024 through 2028.", "id": "HF38C702DA7C945239647127F6C43930B", "header": "FAA operations", "nested": [ { "text": "(a) In general \nSection 106(k)(1) of title 49, United States Code, is amended by striking subparagraphs (A) through (F) and inserting the following: (A) $12,740,000,000 for fiscal year 2024; (B) $13,033,000,000 for fiscal year 2025; (C) $13,500,000,000 for fiscal year 2026; (D) $13,900,000,000 for fiscal year 2027; and (E) $14,400,000,000 for fiscal year 2028..", "id": "HD15B929F885142B48003017BE57BC954", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authority to transfer funds \nSection 106(k)(3) of title 49, United States Code, is amended by striking fiscal years 2018 through 2023 and inserting fiscal years 2024 through 2028.", "id": "H48221672CA38481C876637050F961694", "header": "Authority to transfer funds", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Extension of expiring authorities \n(a) Marshall Islands, Micronesia, and Palau \nSection 47115(i) of title 49, United States Code, is amended by striking fiscal years 2018 through 2023 and inserting fiscal years 2024 through 2028. (b) Extension of compatible land use planning and projects by State and local governments \nSection 47141(f) of title 49, United States Code, is amended by striking September 30, 2023 and inserting September 30, 2028. (c) Midway Island airport \nSection 186(d) of the Vision 100—Century of Aviation Reauthorization Act ( Public Law 108–176 ; 117 Stat. 2518) is amended by striking fiscal years 2018 through 2023 and inserting fiscal years 2024 through 2028. (d) Authority to provide insurance \nSection 44310(b) of title 49, United States Code, is amended by striking September 30, 2023 and inserting September 30, 2028..", "id": "HE48BECAADE1B4254A2CEFC4A98435AD9", "header": "Extension of expiring authorities", "nested": [ { "text": "(a) Marshall Islands, Micronesia, and Palau \nSection 47115(i) of title 49, United States Code, is amended by striking fiscal years 2018 through 2023 and inserting fiscal years 2024 through 2028.", "id": "HE676CCB0CCF042FBBDB389971235132F", "header": "Marshall Islands, Micronesia, and Palau", "nested": [], "links": [] }, { "text": "(b) Extension of compatible land use planning and projects by State and local governments \nSection 47141(f) of title 49, United States Code, is amended by striking September 30, 2023 and inserting September 30, 2028.", "id": "H965BCD6A229A4628BE66C0D5A810B3EC", "header": "Extension of compatible land use planning and projects by State and local governments", "nested": [], "links": [] }, { "text": "(c) Midway Island airport \nSection 186(d) of the Vision 100—Century of Aviation Reauthorization Act ( Public Law 108–176 ; 117 Stat. 2518) is amended by striking fiscal years 2018 through 2023 and inserting fiscal years 2024 through 2028.", "id": "H891CA9AF197846EBAC773E9B0A5E4589", "header": "Midway Island airport", "nested": [], "links": [ { "text": "Public Law 108–176", "legal-doc": "public-law", "parsable-cite": "pl/108/176" } ] }, { "text": "(d) Authority to provide insurance \nSection 44310(b) of title 49, United States Code, is amended by striking September 30, 2023 and inserting September 30, 2028..", "id": "idfe5cdf1922a348e9bd92c598305664ec", "header": "Authority to provide insurance", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 108–176", "legal-doc": "public-law", "parsable-cite": "pl/108/176" } ] }, { "text": "105. Authority to subpoena physical evidence \nSection 46104(a)(1) of title 49, United States Code, is amended by striking and records and inserting , records, including documents and data, whether stored in a physical or electronic format, and tangible objects.", "id": "ide5781017127e492aa380decb96813bd4", "header": "Authority to subpoena physical evidence", "nested": [], "links": [] }, { "text": "106. Research, engineering, and development \nSection 48102(a) of title 49, United States Code, is amended— (1) in paragraph (14), by striking and at the end; (2) by paragraph (15), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (16) $344,000,000 for fiscal year 2024; (17) $360,000,000 for fiscal year 2025; (18) $367,000,000 for fiscal year 2026; (19) $374,000,000 for fiscal year 2027; and (20) $390,000,000 for fiscal year 2028..", "id": "id9819cc5f3a064a60a73b34dfca716e30", "header": "Research, engineering, and development", "nested": [], "links": [] }, { "text": "107. Effective date \nThe amendments made by this subtitle (other than in section 105) shall take effect on October 1, 2023.", "id": "id55dd3905b338449ba4d74e47c5b5ee05", "header": "Effective date", "nested": [], "links": [] }, { "text": "201. Future of NextGen \n(a) Completion and sunset \n(1) Key programs \nNot later than December 31, 2025, the FAA shall operationalize all the key programs under the NextGen project as described in the FAA’s deployment plan. (2) Office; Advisory Committee \nThe NextGen Office and the NextGen Advisory Committee shall terminate on December 31, 2025. (3) Transfer of residual NextGen implementation functions; status report \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall transfer the residual functions of completing NextGen to the Airspace Innovation Office established under section 202. (4) Transfer of advanced air mobility functions \nNot later than 90 days after the date of enactment of this section, any AAM (as defined in section 106(u)(7) of title 49, United States Code (as added by section 801)) relevant functions, duties, and responsibilities of the NAS Systems, Engineering, & Integration Office or other Offices within the Office of NextGen shall be incorporated into the Office of Advanced Aviation Technology and Innovation established under section 106(u) of title 49, United States Code (as so added). (5) Status reports \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall, not later than 30 days after such deadline, and quarterly thereafter until all key programs under the NextGen project are deployed, brief the appropriate committees of Congress on the status of each incomplete program, including, with respect to each such incomplete program— (A) an explanation as to why the program deployment was delayed or not completed by such deadline; (B) an assessment of the key risks to the full implementation of the program and a description of how the FAA is mitigating, or plans to mitigate, those risks; and (C) a detailed schedule of actions necessary to complete the program, including updated milestones and deadlines. (b) Independent report \n(1) In general \nNot later than 90 days of the date of enactment of this section, the Administrator shall contract with an independent third-party contractor or a Federally funded research and development center to develop a report reviewing and assessing the implementation of the NextGen project. (2) Requirements \nThe report developed under paragraph (1) shall include the following: (A) Evaluation of the promised operational benefits at the time of initiation and the realized benefits upon completion of the NextGen project. (B) Recommendations for the technical capacity and resources needed by the FAA in order to oversee a comprehensive airspace modernization project on-schedule and on-budget. (C) Identification of programs under the NextGen project that were significantly delayed, significantly diminished, or ultimately not implemented, including an explanation of the cause of the delay, reduction, or removal of the program from the NextGen project by the FAA. This discussion shall include at a minimum, programs relating to expanding surveillance coverage across the country, increasing performance-based navigation, and improving enroute data communications. (D) Identification of any challenges that impacted the implementation of the NextGen project. (E) Identification of any lessons learned during the NextGen project effort, and whether, how, and to what effect those lessons may be applied to future national airspace system modernization efforts. (F) Assessment of national airspace system user engagement in the NextGen project priorities and implementation. (G) Recommendations of the justifications for further national airspace system modernization efforts including economic, safety, efficiency, capacity, predictability, and resiliency of the United States air transportation system. (3) Deadline \nNot later than June 30, 2026, the report developed under paragraph (1) shall be submitted to the Administrator and the appropriate committees of Congress.", "id": "idc40e44dd5375439f939f484bb5a01007", "header": "Future of NextGen", "nested": [ { "text": "(a) Completion and sunset \n(1) Key programs \nNot later than December 31, 2025, the FAA shall operationalize all the key programs under the NextGen project as described in the FAA’s deployment plan. (2) Office; Advisory Committee \nThe NextGen Office and the NextGen Advisory Committee shall terminate on December 31, 2025. (3) Transfer of residual NextGen implementation functions; status report \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall transfer the residual functions of completing NextGen to the Airspace Innovation Office established under section 202. (4) Transfer of advanced air mobility functions \nNot later than 90 days after the date of enactment of this section, any AAM (as defined in section 106(u)(7) of title 49, United States Code (as added by section 801)) relevant functions, duties, and responsibilities of the NAS Systems, Engineering, & Integration Office or other Offices within the Office of NextGen shall be incorporated into the Office of Advanced Aviation Technology and Innovation established under section 106(u) of title 49, United States Code (as so added). (5) Status reports \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall, not later than 30 days after such deadline, and quarterly thereafter until all key programs under the NextGen project are deployed, brief the appropriate committees of Congress on the status of each incomplete program, including, with respect to each such incomplete program— (A) an explanation as to why the program deployment was delayed or not completed by such deadline; (B) an assessment of the key risks to the full implementation of the program and a description of how the FAA is mitigating, or plans to mitigate, those risks; and (C) a detailed schedule of actions necessary to complete the program, including updated milestones and deadlines.", "id": "id1b78d1d4f9a94ac58c59e204265331b2", "header": "Completion and sunset", "nested": [], "links": [] }, { "text": "(b) Independent report \n(1) In general \nNot later than 90 days of the date of enactment of this section, the Administrator shall contract with an independent third-party contractor or a Federally funded research and development center to develop a report reviewing and assessing the implementation of the NextGen project. (2) Requirements \nThe report developed under paragraph (1) shall include the following: (A) Evaluation of the promised operational benefits at the time of initiation and the realized benefits upon completion of the NextGen project. (B) Recommendations for the technical capacity and resources needed by the FAA in order to oversee a comprehensive airspace modernization project on-schedule and on-budget. (C) Identification of programs under the NextGen project that were significantly delayed, significantly diminished, or ultimately not implemented, including an explanation of the cause of the delay, reduction, or removal of the program from the NextGen project by the FAA. This discussion shall include at a minimum, programs relating to expanding surveillance coverage across the country, increasing performance-based navigation, and improving enroute data communications. (D) Identification of any challenges that impacted the implementation of the NextGen project. (E) Identification of any lessons learned during the NextGen project effort, and whether, how, and to what effect those lessons may be applied to future national airspace system modernization efforts. (F) Assessment of national airspace system user engagement in the NextGen project priorities and implementation. (G) Recommendations of the justifications for further national airspace system modernization efforts including economic, safety, efficiency, capacity, predictability, and resiliency of the United States air transportation system. (3) Deadline \nNot later than June 30, 2026, the report developed under paragraph (1) shall be submitted to the Administrator and the appropriate committees of Congress.", "id": "id247692f10d974425ad856634c1af6330", "header": "Independent report", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Airspace Innovation Office \n(a) Establishment \n(1) In general \nOn January 1, 2026, the Administrator shall establish within the FAA the Airspace Innovation Office (in this section referred to as the Office ). (2) Assistant Administrator \nThe Office shall be led by the Assistant Administrator. (3) Duties \nThe Office shall be responsible for— (A) the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system; and (B) developing an integrated plan for the future state of the national airspace system and overseeing the deployment of the system. (4) Consultation \nThe Assistant Administrator shall consult, as necessary, with the Chief Technology Officer appointed under section 106(s) of title 49, United States Code, and the Associate Administrator for Advanced Aviation Technology and Innovation appointed under section 106(u) of title 49, United States Code (as added by section 801). (b) Integrated plan requirements \nThe integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse set of airspace users. The integrated plan shall include the following: (1) A description of the demand for services that will be required of the Nation’s future air transportation system, and an explanation of how those demand projections were derived, including— (A) the most likely range of average annual resources required over the duration of the plan to cost-effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the FAA’s mission; and (B) an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users. (2) A roadmap for creating and implementing the integrated plan, including— (A) the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and non-profit organizations in carrying out such activities; (B) the annual anticipated cost of carrying out such activities; and (C) the technical milestones that will be used to evaluate the activities. (3) A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system. (4) The management of the enterprise architecture framework for the introduction of these operational improvements and to inform FAA financial decision-making. (5) A business case for the operational improvements that the Office will develop and deploy not later than 2040, including the benefits, costs, and risks of the preferred and alternative options. (c) Considerations \nIn developing and carrying out the integrated plan, the Office shall consider— (1) the results and recommendations of the independent report on implementation of the NextGen project under section 201(b); (2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and (3) the audit of legacy systems required by section 407, and the resulting plan to replace or enhance the identified legacy systems within a reasonable time frame. (d) Consultation \nIn developing and carrying out the integrated plan, the Office shall consult with representatives from— (1) the National Aeronautics and Space Administration; (2) airlines; (3) business aviation; (4) general aviation; (5) aviation labor groups; (6) aviation research and development entities; (7) aircraft and avionics manufacturers; (8) air traffic control suppliers; (9) commercial space industry; (10) commercial and recreational drone industry; and (11) any other entities the Office deems necessary. (e) Plan deadline; briefings \n(1) Plan deadline \nNot later than November 30, 2026, the Administrator shall submit the integrated plan required by subsection (a)(3)(B) to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives. (2) Annual briefings \nThe Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required by subsection (a)(3)(B), including any changes to the plan. (f) DOT Inspector General review \nNot later than 180 days following submission of the integrated plan under subsection (e)(1), the Inspector General of the Department of Transportation shall review the integrated plan and submit to the committees of Congress specified in paragraph (1) a report that— (1) assesses the business case for the integrated plan; (2) provides any recommendations for improving the integrated plan; and (3) includes any other information that the Inspector General determines appropriate. (g) Limitation \nThe FAA is not authorized to spend any amounts on the deployment of new air traffic management technologies and operational improvements that have yet to be deployed and identified in the integrated plan until the committees of Congress specified in paragraph (1) have been briefed under subsection (e)(2).", "id": "id41b3cf8d3fd14a3789987e4198a385e1", "header": "Airspace Innovation Office", "nested": [ { "text": "(a) Establishment \n(1) In general \nOn January 1, 2026, the Administrator shall establish within the FAA the Airspace Innovation Office (in this section referred to as the Office ). (2) Assistant Administrator \nThe Office shall be led by the Assistant Administrator. (3) Duties \nThe Office shall be responsible for— (A) the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system; and (B) developing an integrated plan for the future state of the national airspace system and overseeing the deployment of the system. (4) Consultation \nThe Assistant Administrator shall consult, as necessary, with the Chief Technology Officer appointed under section 106(s) of title 49, United States Code, and the Associate Administrator for Advanced Aviation Technology and Innovation appointed under section 106(u) of title 49, United States Code (as added by section 801).", "id": "idfb54cdc2b08c44d5be8ef21d31f5d82e", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Integrated plan requirements \nThe integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse set of airspace users. The integrated plan shall include the following: (1) A description of the demand for services that will be required of the Nation’s future air transportation system, and an explanation of how those demand projections were derived, including— (A) the most likely range of average annual resources required over the duration of the plan to cost-effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the FAA’s mission; and (B) an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users. (2) A roadmap for creating and implementing the integrated plan, including— (A) the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and non-profit organizations in carrying out such activities; (B) the annual anticipated cost of carrying out such activities; and (C) the technical milestones that will be used to evaluate the activities. (3) A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system. (4) The management of the enterprise architecture framework for the introduction of these operational improvements and to inform FAA financial decision-making. (5) A business case for the operational improvements that the Office will develop and deploy not later than 2040, including the benefits, costs, and risks of the preferred and alternative options.", "id": "idf9cf6837065042f09f904b57bf6b08d9", "header": "Integrated plan requirements", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn developing and carrying out the integrated plan, the Office shall consider— (1) the results and recommendations of the independent report on implementation of the NextGen project under section 201(b); (2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and (3) the audit of legacy systems required by section 407, and the resulting plan to replace or enhance the identified legacy systems within a reasonable time frame.", "id": "id168349ab7ef34d1f83023dfec7f23428", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Consultation \nIn developing and carrying out the integrated plan, the Office shall consult with representatives from— (1) the National Aeronautics and Space Administration; (2) airlines; (3) business aviation; (4) general aviation; (5) aviation labor groups; (6) aviation research and development entities; (7) aircraft and avionics manufacturers; (8) air traffic control suppliers; (9) commercial space industry; (10) commercial and recreational drone industry; and (11) any other entities the Office deems necessary.", "id": "idc2bb9767f7a44f21972b8077cc74e7da", "header": "Consultation", "nested": [], "links": [] }, { "text": "(e) Plan deadline; briefings \n(1) Plan deadline \nNot later than November 30, 2026, the Administrator shall submit the integrated plan required by subsection (a)(3)(B) to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives. (2) Annual briefings \nThe Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required by subsection (a)(3)(B), including any changes to the plan.", "id": "id35d02103c44d46298dfe456d7fbc43a1", "header": "Plan deadline; briefings", "nested": [], "links": [] }, { "text": "(f) DOT Inspector General review \nNot later than 180 days following submission of the integrated plan under subsection (e)(1), the Inspector General of the Department of Transportation shall review the integrated plan and submit to the committees of Congress specified in paragraph (1) a report that— (1) assesses the business case for the integrated plan; (2) provides any recommendations for improving the integrated plan; and (3) includes any other information that the Inspector General determines appropriate.", "id": "id41ebc8b20e414d7cb5dc60e7079af662", "header": "DOT Inspector General review", "nested": [], "links": [] }, { "text": "(g) Limitation \nThe FAA is not authorized to spend any amounts on the deployment of new air traffic management technologies and operational improvements that have yet to be deployed and identified in the integrated plan until the committees of Congress specified in paragraph (1) have been briefed under subsection (e)(2).", "id": "id87e786e105f94206af8f0c18418abb94", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Commercial Software Options for Improving ASIAS Analytics \n(a) ASIAS analytics \n(1) Evaluation \nNot later than 180 days after the date of enactment of this section, the Administrator shall evaluate whether commercial software solutions are available to improve the FAA’s Aviation Safety Information Analysis and Sharing (ASIAS) system to advance the system’s predictive capabilities and analytical solutions developed. (2) Requirements \nIn carrying out the evaluation required by paragraph (1), the Administrator shall— (A) prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs; and (B) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate live demonstrations of proposed solutions, as part of the evaluation criteria. (b) Congressional briefing \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a briefing on the results of the evaluation carried out under subsection (a) that— (1) includes an assessment of the FAA’s progress toward achieving previously identified milestones for ASIAS by the Inspector General of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; and (2) outlines the FAA’s plan to use rapidly deployable commercial solutions to assist the FAA in meeting such milestones.", "id": "id3597A5DF45884958AAA4933B5CC8ACBA", "header": "Commercial Software Options for Improving ASIAS Analytics", "nested": [ { "text": "(a) ASIAS analytics \n(1) Evaluation \nNot later than 180 days after the date of enactment of this section, the Administrator shall evaluate whether commercial software solutions are available to improve the FAA’s Aviation Safety Information Analysis and Sharing (ASIAS) system to advance the system’s predictive capabilities and analytical solutions developed. (2) Requirements \nIn carrying out the evaluation required by paragraph (1), the Administrator shall— (A) prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs; and (B) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate live demonstrations of proposed solutions, as part of the evaluation criteria.", "id": "id6B2278BEF7D24E2B98FA014E7E1257D1", "header": "ASIAS analytics", "nested": [], "links": [] }, { "text": "(b) Congressional briefing \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a briefing on the results of the evaluation carried out under subsection (a) that— (1) includes an assessment of the FAA’s progress toward achieving previously identified milestones for ASIAS by the Inspector General of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; and (2) outlines the FAA’s plan to use rapidly deployable commercial solutions to assist the FAA in meeting such milestones.", "id": "idCC760255172E4BD594262233E0AA5464", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "204. Authority to use electronic service \nSection 46103 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking or after the semicolon; (ii) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (D) by electronic or facsimile transmission to the person to be served or the designated agent of the person; or (E) as designated by regulation or guidance published in the Federal Register. ; and (B) by adding at the end the following: (3) The date of service made by an electronic or facsimile method is— (A) the date an electronic or facsimile transmission is sent; or (B) the date a notification is sent by an electronic or facsimile method that a notice, process, or action is immediately available and accessible in an electronic database. ; and (2) in subsection (c) by striking the first sentence and inserting Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent..", "id": "id63c4e298f5fd4362928bba4e26484905", "header": "Authority to use electronic service", "nested": [], "links": [] }, { "text": "211. Safety and efficiency through digitization of FAA systems \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall— (1) identify, at the discretion of the Administrator, 3 processes of the FAA that result in a certification (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and (2) initiate the digitization of such processes. (b) Requirements \nIn carrying out the digitization required by subsection (a), the Administrator shall ensure that the digitization of any process allows for— (1) an applicant to track their application throughout the period of submission and review of such application; and (2) the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application. (c) Briefing to Congress \nNot later than 1 year after the date on which the Administrator initiates the digitization under subsection (a)(2), the Administrator shall brief the appropriate committees of Congress on the progress of such digitization. (d) Definition of digitization \nIn this section, the term digitization means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.", "id": "idabb17bdebd09414c858ed5dcf9c2c79f", "header": "Safety and efficiency through digitization of FAA systems", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall— (1) identify, at the discretion of the Administrator, 3 processes of the FAA that result in a certification (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and (2) initiate the digitization of such processes.", "id": "id59789b3054584248875b10b2d0693e13", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn carrying out the digitization required by subsection (a), the Administrator shall ensure that the digitization of any process allows for— (1) an applicant to track their application throughout the period of submission and review of such application; and (2) the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application.", "id": "id5e0b68145ed147b1a491d1939e883861", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Briefing to Congress \nNot later than 1 year after the date on which the Administrator initiates the digitization under subsection (a)(2), the Administrator shall brief the appropriate committees of Congress on the progress of such digitization.", "id": "id0e76e7e088244ce0b312f903fc2155a3", "header": "Briefing to Congress", "nested": [], "links": [] }, { "text": "(d) Definition of digitization \nIn this section, the term digitization means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.", "id": "id0efcb70dc1654a60b1fbcdfe1796a079", "header": "Definition of digitization", "nested": [], "links": [] } ], "links": [] }, { "text": "212. Report elimination or modification \n(a) Reports modified \n(1) Report on the airport improvement program \n(A) In general \nSection 47131(a) of title 49, United States Code, is amended by striking the first sentence and inserting Not later than June 1, 2025, and biennially thereafter, the Secretary of Transportation shall submit to Congress a report on activities carried out under this subchapter during the prior 2 fiscal years.. (B) Conforming amendments \n(i) Section 47131 of title 49, United States Code, is amended in the section heading by striking Annual and inserting Biennial. (ii) The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47131 and inserting the following: 47131. Biennial report.. (2) National aviation research plan \n(A) Section 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission. (B) Section 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission. (b) Reports eliminated \n(1) Laser pointer incidents \nSection 2104(a) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 46301 note) is amended by striking Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding and inserting The Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide an annual briefing to the appropriate committees of Congress regarding. (2) Report on helicopter air ambulance operations \nSection 44731 of title 49, United States Code, is amended— (A) in subsection (d)— (i) in the subsection heading, by striking Report to Congress and inserting Briefing ; (ii) by striking the first sentence and inserting The Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the data collected under subsection (a). ; and (iii) in the second sentence by striking report and inserting briefing ; and (B) in subsection (e)(2), by striking the report and inserting the briefing.", "id": "id21B65041EE8C44758DD5C54FB9D8FB3F", "header": "Report elimination or modification", "nested": [ { "text": "(a) Reports modified \n(1) Report on the airport improvement program \n(A) In general \nSection 47131(a) of title 49, United States Code, is amended by striking the first sentence and inserting Not later than June 1, 2025, and biennially thereafter, the Secretary of Transportation shall submit to Congress a report on activities carried out under this subchapter during the prior 2 fiscal years.. (B) Conforming amendments \n(i) Section 47131 of title 49, United States Code, is amended in the section heading by striking Annual and inserting Biennial. (ii) The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47131 and inserting the following: 47131. Biennial report.. (2) National aviation research plan \n(A) Section 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission. (B) Section 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission.", "id": "id636cfa98dd4c46138ca911bf1abdb596", "header": "Reports modified", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Reports eliminated \n(1) Laser pointer incidents \nSection 2104(a) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 46301 note) is amended by striking Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding and inserting The Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide an annual briefing to the appropriate committees of Congress regarding. (2) Report on helicopter air ambulance operations \nSection 44731 of title 49, United States Code, is amended— (A) in subsection (d)— (i) in the subsection heading, by striking Report to Congress and inserting Briefing ; (ii) by striking the first sentence and inserting The Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the data collected under subsection (a). ; and (iii) in the second sentence by striking report and inserting briefing ; and (B) in subsection (e)(2), by striking the report and inserting the briefing.", "id": "id95f269e31f974cbf9973718aebc1ed06", "header": "Reports eliminated", "nested": [], "links": [ { "text": "49 U.S.C. 46301", "legal-doc": "usc", "parsable-cite": "usc/49/46301" } ] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "49 U.S.C. 46301", "legal-doc": "usc", "parsable-cite": "usc/49/46301" } ] }, { "text": "213. Internal regulatory process review \n(a) In general \nThe Secretary shall establish an internal regulatory process review team (in this section referred to as the review team ) comprising of FAA employees and individuals described in subsection (b) to develop recommendations to improve the timeliness of, and performance accountability in, the development and promulgation of regulatory materials (as defined in subsection (g)). The review team shall deliver a report with recommendations to the Secretary in accordance with the deadlines specified in subsection (e). (b) Other members; consultation \n(1) In general \nThe review team shall include outside experts and academics with relevant experience or expertise in aviation safety and in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. The review team shall include at least 3 outside experts or academics with relevant experience or expertise in aviation safety and at least 1 outside expert or academic with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. (2) Consultation \nThe review team may, as appropriate, consult with industry stakeholders. (c) Contents of review \nIn conducting the review required under subsection (a), the review team shall do the following: (1) Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rule-making committees and stakeholders have collaborated on the proposed regulations to address airworthiness standards deficiencies. (2) With respect to each office within the FAA that reviews regulatory materials, assess— (A) the timeline assigned to each such office to complete the review of regulatory materials; (B) the actual time spent for such review; (C) opportunities to reduce the actual time for such review; and (D) whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials. (3) Define and document the roles and responsibilities of each office within the FAA that develops, drafts or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how these employees function in the rulemaking framework. (4) Describe any organizational changes or the need to hire additional FAA employees, if necessary and taking into consideration whether current positions are staffed, to reduce delays in publication of proposed and final regulatory materials. (5) In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a real-time progress tracker that updates itself to show the major stages (as determined by the Secretary) of the development of regulatory materials as they are initiated, in progress, and completed, from inception of a proposed development of regulatory materials to publication of the final version of such materials. (6) Consider changes to the FAA’s best practices under rules governing ex parte communications with other validating authorities, including international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for those related to enhancing aviation safety and the United States’ aviation international leadership. (7) Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes. (8) Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity. (d) Action plan \nThe Administrator shall develop an action plan to implement the recommendations developed by the review team. The Administrator shall publish the action plan on the Internet website of the FAA and shall transmit the plan to the appropriate committees of Congress. (e) Deadlines \nThe requirements of this section shall be subject to the following deadlines: (1) The review team shall complete the evaluation required under subsection (a) and submit the review team’s report on such evaluation to the Secretary not later than 120 days after the date of enactment of this section. (2) The Administrator shall develop and publish the action plan under subsection (d) not later than 30 days after the date on which the review team submits the report required by subsection (a) to the Administrator. (f) Administrative procedure requirements inapplicable \nThe provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) shall not apply to any activities of the review team in carrying out the requirements of this section. (g) Regulatory materials defined \nIn this section, the term regulatory materials means rules, orders, advisory circulars, statements of policy, guidance, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.", "id": "id4d2bdb3660de4449bbdc8083cd504bdf", "header": "Internal regulatory process review", "nested": [ { "text": "(a) In general \nThe Secretary shall establish an internal regulatory process review team (in this section referred to as the review team ) comprising of FAA employees and individuals described in subsection (b) to develop recommendations to improve the timeliness of, and performance accountability in, the development and promulgation of regulatory materials (as defined in subsection (g)). The review team shall deliver a report with recommendations to the Secretary in accordance with the deadlines specified in subsection (e).", "id": "id3c9c48fc94ef4c619b174bf7f81980a1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Other members; consultation \n(1) In general \nThe review team shall include outside experts and academics with relevant experience or expertise in aviation safety and in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. The review team shall include at least 3 outside experts or academics with relevant experience or expertise in aviation safety and at least 1 outside expert or academic with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. (2) Consultation \nThe review team may, as appropriate, consult with industry stakeholders.", "id": "id3cbc8bcfc2fa4cd8a116e197dca8dcc8", "header": "Other members; consultation", "nested": [], "links": [] }, { "text": "(c) Contents of review \nIn conducting the review required under subsection (a), the review team shall do the following: (1) Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rule-making committees and stakeholders have collaborated on the proposed regulations to address airworthiness standards deficiencies. (2) With respect to each office within the FAA that reviews regulatory materials, assess— (A) the timeline assigned to each such office to complete the review of regulatory materials; (B) the actual time spent for such review; (C) opportunities to reduce the actual time for such review; and (D) whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials. (3) Define and document the roles and responsibilities of each office within the FAA that develops, drafts or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how these employees function in the rulemaking framework. (4) Describe any organizational changes or the need to hire additional FAA employees, if necessary and taking into consideration whether current positions are staffed, to reduce delays in publication of proposed and final regulatory materials. (5) In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a real-time progress tracker that updates itself to show the major stages (as determined by the Secretary) of the development of regulatory materials as they are initiated, in progress, and completed, from inception of a proposed development of regulatory materials to publication of the final version of such materials. (6) Consider changes to the FAA’s best practices under rules governing ex parte communications with other validating authorities, including international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for those related to enhancing aviation safety and the United States’ aviation international leadership. (7) Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes. (8) Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity.", "id": "id85dc1b9ce8714f048c0cfad9fee7fe47", "header": "Contents of review", "nested": [], "links": [] }, { "text": "(d) Action plan \nThe Administrator shall develop an action plan to implement the recommendations developed by the review team. The Administrator shall publish the action plan on the Internet website of the FAA and shall transmit the plan to the appropriate committees of Congress.", "id": "id410bae8a2480428788ef598ce70c8d88", "header": "Action plan", "nested": [], "links": [] }, { "text": "(e) Deadlines \nThe requirements of this section shall be subject to the following deadlines: (1) The review team shall complete the evaluation required under subsection (a) and submit the review team’s report on such evaluation to the Secretary not later than 120 days after the date of enactment of this section. (2) The Administrator shall develop and publish the action plan under subsection (d) not later than 30 days after the date on which the review team submits the report required by subsection (a) to the Administrator.", "id": "ida89bce0359c24e80a4972557523f4697", "header": "Deadlines", "nested": [], "links": [] }, { "text": "(f) Administrative procedure requirements inapplicable \nThe provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) shall not apply to any activities of the review team in carrying out the requirements of this section.", "id": "id61bace8b7dbd41ca9cd6e09c01fc2d61", "header": "Administrative procedure requirements inapplicable", "nested": [], "links": [] }, { "text": "(g) Regulatory materials defined \nIn this section, the term regulatory materials means rules, orders, advisory circulars, statements of policy, guidance, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.", "id": "id87ef2422d26140139b006edc5e81b873", "header": "Regulatory materials defined", "nested": [], "links": [] } ], "links": [] }, { "text": "214. Review and Updates of Categorical Exclusions \nNot later than 2 year after the date of enactment of this section, the Secretary shall— (1) identify each categorical exclusion under the jurisdiction of the Department of Transportation (referred to in this section as the Department ), including any operating administration within the Department; and (2) review, adopt, and broaden the applicability of categorical exclusions to enable the use by operating administrations of the Department, as relevant and appropriate, of categorical exclusions identified in paragraph (1).", "id": "idaf751ac3b0af44798e3fb90e76a348ea", "header": "Review and Updates of Categorical Exclusions", "nested": [], "links": [] }, { "text": "301. Independent Study on future state of type certification processes \n(a) Review and study \nNot later than 60 days after the date of enactment of this section, subject to the availability of appropriations, the Administrator shall enter into an agreement with an appropriate Federally-funded research and development center, or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis, to conduct a review and study in accordance with the requirements and elements set forth in this section. (b) Elements \nThe review and study under subsection (a) shall provide analyses, assessments, and recommendations that address the following: (1) A vision for a future state of type certification that reflects the highly complex, highly integrated nature of today’s aircraft and improvements in aviation safety. (2) A review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques, including model-based system engineering, would improve the type certification process and enhance aviation safety. (3) How the FAA could develop a risk-based model for type certification that improves the safety of aircraft. (4) What changes are needed to ensure that corrective actions for continued operational safety issues can be approved and implemented quickly, particularly with respect to software modifications, while maintaining the safety of the type certification process. (5) What efficiencies and safety process improvements are needed in the FAA’s type certification system that will facilitate the assessment and integration of innovating technologies that advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness. (6) Best practices and tools used by other certification authorities that could be adopted by the FAA and the United States, as well as the best practices and tools used by the United States which can be shared with other certification authorities. (c) Report \nNot later than 15 months after the date of enactment of this section, the organization conducting the review and study shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes the findings and recommendations of the organization. (d) Congressional briefing \nNot later than 270 days after the report required under subsection (c) is submitted to the Administrator, the Administrator shall brief the appropriate committees of Congress regarding the FAA’s response to the findings and recommendations of such report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation.", "id": "idf8cc91f1aaa54fb99d5ad28c2676ccbc", "header": "Independent Study on future state of type certification processes", "nested": [ { "text": "(a) Review and study \nNot later than 60 days after the date of enactment of this section, subject to the availability of appropriations, the Administrator shall enter into an agreement with an appropriate Federally-funded research and development center, or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis, to conduct a review and study in accordance with the requirements and elements set forth in this section.", "id": "id09dca1f670954d689127678f8b59739e", "header": "Review and study", "nested": [], "links": [] }, { "text": "(b) Elements \nThe review and study under subsection (a) shall provide analyses, assessments, and recommendations that address the following: (1) A vision for a future state of type certification that reflects the highly complex, highly integrated nature of today’s aircraft and improvements in aviation safety. (2) A review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques, including model-based system engineering, would improve the type certification process and enhance aviation safety. (3) How the FAA could develop a risk-based model for type certification that improves the safety of aircraft. (4) What changes are needed to ensure that corrective actions for continued operational safety issues can be approved and implemented quickly, particularly with respect to software modifications, while maintaining the safety of the type certification process. (5) What efficiencies and safety process improvements are needed in the FAA’s type certification system that will facilitate the assessment and integration of innovating technologies that advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness. (6) Best practices and tools used by other certification authorities that could be adopted by the FAA and the United States, as well as the best practices and tools used by the United States which can be shared with other certification authorities.", "id": "ide4d132142014431dbe5f9a40de193b80", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 15 months after the date of enactment of this section, the organization conducting the review and study shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes the findings and recommendations of the organization.", "id": "id40204738346441a6a3f3b7bf6e75e4ab", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Congressional briefing \nNot later than 270 days after the report required under subsection (c) is submitted to the Administrator, the Administrator shall brief the appropriate committees of Congress regarding the FAA’s response to the findings and recommendations of such report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation.", "id": "idf7e1966df2fe47ee92c5e2d6955ac4ed", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Report on international validation program performance \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Secretary shall evaluate the performance of the FAA’s type certificate validation program under bilateral agreements, with reference to agreed implementation procedures. (b) Contents \nThe evaluation under subsection (a) shall consider, at minimum, the following: (1) Progress under section 243(a) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note) with respect to improving the FAA’s leadership abroad. (2) Performance, with reference to metrics such as the number and types of projects, timeline milestones, the validating authority level of involvement and certifying authority delegation, and trends relating to the repeated use of non-basic criteria, relating to review systems or methods of compliance that have been validated previously in similar context. (3) Training on the minimum standards for validation work plan content, such as the validating authority level of involvement, and what constitutes justification for level of involvement and compliance document requests. (4) The perspectives of FAA employees responsible for type validation projects, bilateral civil aviation regulatory partners, and industry applicants, on the FAA’s performance in carrying out validation projects. (5) The levels of funding and staffing for the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA compared to the Branch’s workload and goals. (6) The effectiveness of FAA training for employees and of outreach conducted to improve and enforce validation processes. (7) Efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures. (c) Report \nThe Administrator shall issue a report regarding the evaluation required under subsection (a) to the appropriate committees of Congress not later than 1 year after the date of enactment of this section.", "id": "idde1a654e9eea46cab10901c8f00365b0", "header": "Report on international validation program performance", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Secretary shall evaluate the performance of the FAA’s type certificate validation program under bilateral agreements, with reference to agreed implementation procedures.", "id": "id8eb6b03a10cc43c3ae62ebb129a2913c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe evaluation under subsection (a) shall consider, at minimum, the following: (1) Progress under section 243(a) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note) with respect to improving the FAA’s leadership abroad. (2) Performance, with reference to metrics such as the number and types of projects, timeline milestones, the validating authority level of involvement and certifying authority delegation, and trends relating to the repeated use of non-basic criteria, relating to review systems or methods of compliance that have been validated previously in similar context. (3) Training on the minimum standards for validation work plan content, such as the validating authority level of involvement, and what constitutes justification for level of involvement and compliance document requests. (4) The perspectives of FAA employees responsible for type validation projects, bilateral civil aviation regulatory partners, and industry applicants, on the FAA’s performance in carrying out validation projects. (5) The levels of funding and staffing for the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA compared to the Branch’s workload and goals. (6) The effectiveness of FAA training for employees and of outreach conducted to improve and enforce validation processes. (7) Efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures.", "id": "iddfc357e6664f4f1f85236d2d9e58fe26", "header": "Contents", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "(c) Report \nThe Administrator shall issue a report regarding the evaluation required under subsection (a) to the appropriate committees of Congress not later than 1 year after the date of enactment of this section.", "id": "ide2b97e12e9b2492abc0029b2774d3519", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "303. High risk flight testing \n(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall take necessary actions, including as appropriate, amending part 21 of title 14, Code of Federal Regulations, and revising or modifying any associated advisory circulars, guidance, or policy of the FAA, in accordance with this section to improve flight test safety risk. (b) Requirements \nIn developing, amending, revising, or modifying regulations, advisory circulars, guidance, or policy under subsection (a), the Administrator shall do the following: (1) Develop validation criteria and procedures whereby data produced in high fidelity engineering laboratories and facilities may be allowed in conjunction with, or in lieu of, data produced on a flying test article to support an applicant’s showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations. (2) Develop criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant’s company flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA. (3) Work with other civil aviation authorities representing States of Design to identify their best practices relative to high-risk flight testing and adopt those practices into the FAA's flight-testing requirements to the maximum extent practicable.", "id": "id4bd6f080a12d4a04a77c60a5a3f560bf", "header": "High risk flight testing", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall take necessary actions, including as appropriate, amending part 21 of title 14, Code of Federal Regulations, and revising or modifying any associated advisory circulars, guidance, or policy of the FAA, in accordance with this section to improve flight test safety risk.", "id": "iddad2ee2a7e094c539555eff5a1b638b7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn developing, amending, revising, or modifying regulations, advisory circulars, guidance, or policy under subsection (a), the Administrator shall do the following: (1) Develop validation criteria and procedures whereby data produced in high fidelity engineering laboratories and facilities may be allowed in conjunction with, or in lieu of, data produced on a flying test article to support an applicant’s showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations. (2) Develop criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant’s company flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA. (3) Work with other civil aviation authorities representing States of Design to identify their best practices relative to high-risk flight testing and adopt those practices into the FAA's flight-testing requirements to the maximum extent practicable.", "id": "id0916f1a264b945fea999de34c2e2dd4e", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "304. Recording devices \n(a) In general \nChapter 447 of title 49, United States Code, is amended by adding at the end the following new section: 44745. Cockpit recording device \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes. (b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers. (c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder.. (b) Clerical amendment \nThe analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44744 the following: 44745. Recording devices..", "id": "iddceb7165fb4f47d399c7d171e9ab0239", "header": "Recording devices", "nested": [ { "text": "(a) In general \nChapter 447 of title 49, United States Code, is amended by adding at the end the following new section: 44745. Cockpit recording device \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes. (b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers. (c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder..", "id": "id1DE21A6571A24C48905388516EC8FBB5", "header": "In general", "nested": [], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44744 the following: 44745. Recording devices..", "id": "id88F8E22DB32E46B6B34391EABE5FF7AC", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" }, { "text": "section 44744", "legal-doc": "usc", "parsable-cite": "usc/49/44744" } ] } ], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" }, { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" }, { "text": "section 44744", "legal-doc": "usc", "parsable-cite": "usc/49/44744" } ] }, { "text": "44745. Cockpit recording device \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes. (b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers. (c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder.", "id": "idaccffec959e5427b8e1151a9ae5ba031", "header": "Cockpit recording device", "nested": [ { "text": "(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes.", "id": "id535d79d7dcd643018c2df0221bff4e1f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers.", "id": "id7e3879d919a8421ab04d9dfc3e522190", "header": "Prohibited use", "nested": [], "links": [] }, { "text": "(c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder.", "id": "id987201f5e7654e3c938b2d78efa776ac", "header": "Applicable aircraft defined", "nested": [], "links": [] } ], "links": [] }, { "text": "305. Helicopter safety \n(a) In general \nNot later than 270 days after the date of enactment of this section, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the Committee ) with reviewing and assessing the need for changes to the safety requirements for turbine-powered rotorcraft certificated for 6 or more passenger seats in relation to flight data recorders, flight data monitoring, and terrain awareness and warning systems. The Committee shall submit to the Administrator a report on the findings from such review and assessment, together with recommendations for such legislative or administrative action the Committee deems appropriate. (b) Considerations \nIn reviewing and assessing the safety requirements under subsection (a), the Committee shall consider— (1) any applicable safety recommendations of the National Transportation Safety Board; and (2) the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations. (c) Briefing \nNot later than 30 days after the date on which the Committee submits the report under subsection (a), the Administrator shall brief the appropriate committees of Congress on— (1) the findings and recommendations included in the Committee's report; and (2) the Administrator’s plan, if any, to implement such recommendations.", "id": "id32a42df95b57418293a0d110ca43bfcc", "header": "Helicopter safety", "nested": [ { "text": "(a) In general \nNot later than 270 days after the date of enactment of this section, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the Committee ) with reviewing and assessing the need for changes to the safety requirements for turbine-powered rotorcraft certificated for 6 or more passenger seats in relation to flight data recorders, flight data monitoring, and terrain awareness and warning systems. The Committee shall submit to the Administrator a report on the findings from such review and assessment, together with recommendations for such legislative or administrative action the Committee deems appropriate.", "id": "ide31f957ee63f4c05b3007e4a86e976dc", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Considerations \nIn reviewing and assessing the safety requirements under subsection (a), the Committee shall consider— (1) any applicable safety recommendations of the National Transportation Safety Board; and (2) the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations.", "id": "id3d024229fa3f4d62af2d805d0024eaf0", "header": "Considerations", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 30 days after the date on which the Committee submits the report under subsection (a), the Administrator shall brief the appropriate committees of Congress on— (1) the findings and recommendations included in the Committee's report; and (2) the Administrator’s plan, if any, to implement such recommendations.", "id": "id70d10c046fdd4155a9309c9228ce819a", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "306. Review and incorporation of human readiness levels into agency guidance material \n(a) Findings \nCongress finds the following: (1) Proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error. (2) The evaluation and monitoring of a new aviation technology or system with respect to human use throughout its design and development may reduce human error in new systems and technologies when used in operational conditions. (3) The technical standard ANSI/HFES 400–2021, Human Readiness Level Scale in the System Development Process defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes. (b) Review \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a process to review ANSI/HFES Standard 400–2021 and determine whether any materials from this standard can and should be incorporated or referenced in agency procedures and guidance material in order to enhance safety in relation to human factors. (c) Consultation \nIn carrying out subsection (b), the Administrator shall conduct a review of the ANSI/HFES 400–2021 technical standard and may consult with subject matter experts affiliated with the authoring organization for such technical standard. (d) Briefing \nNot later than 180 days after the date of enactment of this section, the Administrator shall brief the appropriate committees of Congress on the progress of the review required by subsection (b).", "id": "id9851e63a32384f309f4d1fc3650a9f0c", "header": "Review and incorporation of human readiness levels into agency guidance material", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error. (2) The evaluation and monitoring of a new aviation technology or system with respect to human use throughout its design and development may reduce human error in new systems and technologies when used in operational conditions. (3) The technical standard ANSI/HFES 400–2021, Human Readiness Level Scale in the System Development Process defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.", "id": "idf2f4047e532d4a41bf8569e038836ded", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Review \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a process to review ANSI/HFES Standard 400–2021 and determine whether any materials from this standard can and should be incorporated or referenced in agency procedures and guidance material in order to enhance safety in relation to human factors.", "id": "idd3741d00c1314ad688c1af3831f2e376", "header": "Review", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn carrying out subsection (b), the Administrator shall conduct a review of the ANSI/HFES 400–2021 technical standard and may consult with subject matter experts affiliated with the authoring organization for such technical standard.", "id": "id1031c08b7b3645518a5cf6c4c65f4c58", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot later than 180 days after the date of enactment of this section, the Administrator shall brief the appropriate committees of Congress on the progress of the review required by subsection (b).", "id": "id7a144182e00649f48b6985c9e5ea0382", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "307. Service difficulty reports \n(a) Annual congressional briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on compliance during the preceding year with requirements relating to Service Difficulty Reports, specifically— (1) compliance by operators with the requirements of section 121.703 of title 14, Code of Federal Regulations; (2) compliance by approval or certificate holders with the requirements of section 183.63 of title 14, Code of Federal Regulations; and (3) compliance by FAA offices with the requirements for investigation of Service Difficulty Reports, as documented in the following FAA Orders (and any subsequent revisions of such Orders): (A) FAA Order 8900.1A, Flight Standards Information Management System (issued October 27, 2022); (B) FAA Order 8120.23A, Certificate Management of Production Approval Holders (issued March 6, 2017); and (C) FAA Order 8110.107A, Monitor Safety/Analyze Data (issued October 1, 2012). (b) Requirements \nThe briefings required by subsection (a) shall include the following with respect to the preceding year: (1) Identification of categories of service difficulties reported, as determined by the Administrator, including repetitive service difficulties reported. (2) The causes of the service difficulties, as determined by the Administrator. (3) Actions taken by, or required by, the Administrator to address the identified causes of service difficulties. (4) Violations of title 14, Code of Federal Regulations, and what, if any, action the FAA took in response to a violation, including any actions set forth in FAA Order 2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10 (issued September 18, 2018) (or any subsequent revisions of such Order).", "id": "id423e49f7d0f24e94a7fa141c9b179831", "header": "Service difficulty reports", "nested": [ { "text": "(a) Annual congressional briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on compliance during the preceding year with requirements relating to Service Difficulty Reports, specifically— (1) compliance by operators with the requirements of section 121.703 of title 14, Code of Federal Regulations; (2) compliance by approval or certificate holders with the requirements of section 183.63 of title 14, Code of Federal Regulations; and (3) compliance by FAA offices with the requirements for investigation of Service Difficulty Reports, as documented in the following FAA Orders (and any subsequent revisions of such Orders): (A) FAA Order 8900.1A, Flight Standards Information Management System (issued October 27, 2022); (B) FAA Order 8120.23A, Certificate Management of Production Approval Holders (issued March 6, 2017); and (C) FAA Order 8110.107A, Monitor Safety/Analyze Data (issued October 1, 2012).", "id": "idb8e861f6641e4c0b8525d42828e55cb3", "header": "Annual congressional briefings", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe briefings required by subsection (a) shall include the following with respect to the preceding year: (1) Identification of categories of service difficulties reported, as determined by the Administrator, including repetitive service difficulties reported. (2) The causes of the service difficulties, as determined by the Administrator. (3) Actions taken by, or required by, the Administrator to address the identified causes of service difficulties. (4) Violations of title 14, Code of Federal Regulations, and what, if any, action the FAA took in response to a violation, including any actions set forth in FAA Order 2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10 (issued September 18, 2018) (or any subsequent revisions of such Order).", "id": "id345a614751ee4d42ab19b99fe95d99c9", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "308. Accountability and compliance \n(a) In general \nSection 44704(a)(1) of title 49, United States Code, is amended by adding at the end the following: When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that the submitted design data demonstrates compliance with the applicable airworthiness standards or that any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety as agreed upon by the Administrator. (b) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification required by the amendment made by subsection (a).", "id": "id49c230e7b10e42c2aad61598459896a0", "header": "Accountability and compliance", "nested": [ { "text": "(a) In general \nSection 44704(a)(1) of title 49, United States Code, is amended by adding at the end the following: When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that the submitted design data demonstrates compliance with the applicable airworthiness standards or that any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety as agreed upon by the Administrator.", "id": "idbc48a89115ef4ddebc9645e1d9753174", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification required by the amendment made by subsection (a).", "id": "id77f2b639bba04d64b04f97a230bfc52c", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "309. Accountability for aircraft registration numbers \nThe Administrator shall review the process of reserving aircraft registration numbers and implement appropriate changes to ensure the fair participation by the general public, including the implementation of readily available software to prevent any computer auto-fill systems from reserving aircraft registration numbers in bulk.", "id": "id28480fc4ca614f58b165fd97de1d3ea7", "header": "Accountability for aircraft registration numbers", "nested": [], "links": [] }, { "text": "310. Aircraft registration \n(a) In general \nChapter 441 of title 49, United States Code, is amended by adding at the end the following new section: 44114. Reregistration of aircraft \nIf an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that— (1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and (2) the Administrator has not rejected such reregistration application.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this section. (c) Clerical amendment \nThe analysis for chapter 441 of such title is amended by inserting after the item relating to section 44113 the following: 44114. Reregistration of aircraft..", "id": "id7ad6488e33854401b969cad87b432896", "header": "Aircraft registration", "nested": [ { "text": "(a) In general \nChapter 441 of title 49, United States Code, is amended by adding at the end the following new section: 44114. Reregistration of aircraft \nIf an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that— (1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and (2) the Administrator has not rejected such reregistration application..", "id": "id897fa7a043be4ef9b9a7cd994486e638", "header": "In general", "nested": [], "links": [ { "text": "Chapter 441", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/441" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this section.", "id": "idB4F59916F1F645DE9BDC0A2309D4D184", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe analysis for chapter 441 of such title is amended by inserting after the item relating to section 44113 the following: 44114. Reregistration of aircraft..", "id": "id71cec68d7c444bbcab51fe855d3ac284", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 441", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/441" } ] }, { "text": "44114. Reregistration of aircraft \nIf an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that— (1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and (2) the Administrator has not rejected such reregistration application.", "id": "id9c658eb5f12d4030a44d7bf911fca948", "header": "Reregistration of aircraft", "nested": [], "links": [] }, { "text": "311. FAA oversight of repair stations located outside the United States \n(a) In general \nSection 44733 of title 49, United States Code, is amended— (1) in the section heading by striking Inspection and inserting Oversight ; (2) in subsection (e)— (A) in the first sentence— (i) by inserting , without prior notice to such repair stations, after annually ; and (ii) by inserting and the applicable laws of the country in which a repair station is located after international agreements ; and (B) by striking the second sentence and inserting The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and with the applicable laws of the country in which a repair station is located. ; (3) by redesignating subsection (g) as subsection (i); and (4) by inserting after subsection (f) the following: (g) Data analysis \n(1) In general \nAn air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year. (2) Information required \nA report under paragraph (1) shall contain the following information: (A) The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) was performed outside the United States. (B) A description of the work performed at each such location. (C) The date of completion of the work performed at each such location. (D) If applicable, a list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that— (i) requires corrective action after the aircraft is approved for return to service; and (ii) results from the work performed on such aircraft. (E) The certificate number of the person approving such aircraft or on-wing aircraft engine, for return to service following completion of the work performed at each such location. (3) Analysis \nThe Administrator of the Federal Aviation Administration shall— (A) analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and (B) require appropriate actions in response. (4) Confidentiality \nInformation made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123. (h) Minimum qualifications for mechanics and others working on U.S. registered aircraft \n(1) In general \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station— (A) all supervisory personnel are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and (B) all personnel authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator. (2) Available for consultation \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station.. (b) Definition of covered repair station \n(1) In general \nSection 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following: (1) Covered repair station \nThe term covered repair station means a facility that— (A) is located outside the United States; (B) is certificated under part 145 of title 14, Code of Federal Regulations; and (C) performs heavy maintenance work on aircraft (including on-wing aircraft engines) operated under part 121 of title 14, Code of Federal Regulations.. (2) Technical amendment \nSection 44733(a)(3) of title 49, United States Code, is amended by striking covered part 145 repair stations and inserting part 145 repair stations. (c) Clerical amendments \nThe analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following: 44733. Oversight of repair stations located outside the United States..", "id": "HA5C34652152C49E5B36A3C098B6736DE", "header": "FAA oversight of repair stations located outside the United States", "nested": [ { "text": "(a) In general \nSection 44733 of title 49, United States Code, is amended— (1) in the section heading by striking Inspection and inserting Oversight ; (2) in subsection (e)— (A) in the first sentence— (i) by inserting , without prior notice to such repair stations, after annually ; and (ii) by inserting and the applicable laws of the country in which a repair station is located after international agreements ; and (B) by striking the second sentence and inserting The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and with the applicable laws of the country in which a repair station is located. ; (3) by redesignating subsection (g) as subsection (i); and (4) by inserting after subsection (f) the following: (g) Data analysis \n(1) In general \nAn air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year. (2) Information required \nA report under paragraph (1) shall contain the following information: (A) The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) was performed outside the United States. (B) A description of the work performed at each such location. (C) The date of completion of the work performed at each such location. (D) If applicable, a list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that— (i) requires corrective action after the aircraft is approved for return to service; and (ii) results from the work performed on such aircraft. (E) The certificate number of the person approving such aircraft or on-wing aircraft engine, for return to service following completion of the work performed at each such location. (3) Analysis \nThe Administrator of the Federal Aviation Administration shall— (A) analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and (B) require appropriate actions in response. (4) Confidentiality \nInformation made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123. (h) Minimum qualifications for mechanics and others working on U.S. registered aircraft \n(1) In general \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station— (A) all supervisory personnel are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and (B) all personnel authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator. (2) Available for consultation \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station..", "id": "H501114B09D3C44D38D47D710B8606C09", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition of covered repair station \n(1) In general \nSection 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following: (1) Covered repair station \nThe term covered repair station means a facility that— (A) is located outside the United States; (B) is certificated under part 145 of title 14, Code of Federal Regulations; and (C) performs heavy maintenance work on aircraft (including on-wing aircraft engines) operated under part 121 of title 14, Code of Federal Regulations.. (2) Technical amendment \nSection 44733(a)(3) of title 49, United States Code, is amended by striking covered part 145 repair stations and inserting part 145 repair stations.", "id": "HD921D0D6F8924D71996A0FE6F419E8D2", "header": "Definition of covered repair station", "nested": [], "links": [] }, { "text": "(c) Clerical amendments \nThe analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following: 44733. Oversight of repair stations located outside the United States..", "id": "HB2459D867C544899BCD491FE3D6FB28D", "header": "Clerical amendments", "nested": [], "links": [ { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] } ], "links": [ { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] }, { "text": "312. Alcohol and drug testing and background checks \n(a) In general \nSubject to subsection (c), beginning on the date that is 2 years after the date of enactment of this section, the Administrator may not approve or authorize international travel for any employee of the FAA until a final rule carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44733 note) has been published in the Federal Register. (b) Rulemaking on assessment requirement \nWith respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title. (c) Exceptions \nThe prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual-by-individual basis to be— (1) exclusively for the purpose of conducting a safety inspection; (2) directly related to aviation safety standards, certification, and oversight; or (3) vital to the national interests of the United States. (d) Definition of covered repair station \nFor purposes of this section, the term covered repair station means a facility that— (1) is located outside the United States; (2) is certificated under part 145 of title 14, Code of Federal Regulations; and (3) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.", "id": "H0266A5C921794393B4ABF66D25B316D8", "header": "Alcohol and drug testing and background checks", "nested": [ { "text": "(a) In general \nSubject to subsection (c), beginning on the date that is 2 years after the date of enactment of this section, the Administrator may not approve or authorize international travel for any employee of the FAA until a final rule carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44733 note) has been published in the Federal Register.", "id": "H8727443E3A8B41DB9291C0B78ADDC7B3", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 44733", "legal-doc": "usc", "parsable-cite": "usc/49/44733" } ] }, { "text": "(b) Rulemaking on assessment requirement \nWith respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.", "id": "HDA73228486114187B58184DC026C6B18", "header": "Rulemaking on assessment requirement", "nested": [], "links": [] }, { "text": "(c) Exceptions \nThe prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual-by-individual basis to be— (1) exclusively for the purpose of conducting a safety inspection; (2) directly related to aviation safety standards, certification, and oversight; or (3) vital to the national interests of the United States.", "id": "idc945c81168cf48b690731ed1a99ff533", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(d) Definition of covered repair station \nFor purposes of this section, the term covered repair station means a facility that— (1) is located outside the United States; (2) is certificated under part 145 of title 14, Code of Federal Regulations; and (3) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.", "id": "H884F752D372E40739D6853F6CF43BA8C", "header": "Definition of covered repair station", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44733", "legal-doc": "usc", "parsable-cite": "usc/49/44733" } ] }, { "text": "313. Continuous aircraft tracking and transmission for high altitude balloons \n(a) Aviation Rulemaking Committee \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner which is accessible to air traffic controllers, aircraft, and other users of the National Airspace System. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Aviation safety experts with specific knowledge of high altitude balloon operations. (C) Representatives of the Department of Defense. (D) Representatives of Federal agencies that conduct high altitude balloon operations. (3) Report \nNot later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include recommendations regarding the following: (A) How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require any high altitude balloons to have a continuous aircraft tracking and transmission system. (B) Any necessary updates to the requirements for unmanned free balloons under subpart D of part 101 of title 14, Code of Federal Regulations. (C) Any necessary updates to other FAA regulations or requirements deemed appropriate and necessary by the Administrator to— (i) ensure any high altitude balloon has a continuous aircraft tracking and transmission system (ii) ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers, aircraft, and other users of the National Airspace System; and (iii) maintain airspace safety. (b) Rulemaking and other requirements \nNot later than 180 days after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall— (1) issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and (2) coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to develop continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the National Airspace System. (c) Interim standard \nDuring the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215. (d) Reports to Congress \nNot later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection. (e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) High altitude balloon \nThe term high altitude balloon means a manned or unmanned free balloon operating not less than 10,000 feet above sea level.", "id": "id7BD9A69F6477462D87E1F070A77AA423", "header": "Continuous aircraft tracking and transmission for high altitude balloons", "nested": [ { "text": "(a) Aviation Rulemaking Committee \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner which is accessible to air traffic controllers, aircraft, and other users of the National Airspace System. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Aviation safety experts with specific knowledge of high altitude balloon operations. (C) Representatives of the Department of Defense. (D) Representatives of Federal agencies that conduct high altitude balloon operations. (3) Report \nNot later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include recommendations regarding the following: (A) How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require any high altitude balloons to have a continuous aircraft tracking and transmission system. (B) Any necessary updates to the requirements for unmanned free balloons under subpart D of part 101 of title 14, Code of Federal Regulations. (C) Any necessary updates to other FAA regulations or requirements deemed appropriate and necessary by the Administrator to— (i) ensure any high altitude balloon has a continuous aircraft tracking and transmission system (ii) ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers, aircraft, and other users of the National Airspace System; and (iii) maintain airspace safety.", "id": "idd9bea2177a534294b46a4931e5209364", "header": "Aviation Rulemaking Committee", "nested": [], "links": [] }, { "text": "(b) Rulemaking and other requirements \nNot later than 180 days after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall— (1) issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and (2) coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to develop continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the National Airspace System.", "id": "id3d7da850e8f5451e93d201b4eadb1615", "header": "Rulemaking and other requirements", "nested": [], "links": [] }, { "text": "(c) Interim standard \nDuring the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215.", "id": "id334b976552a84cb095af0ee005aa146e", "header": "Interim standard", "nested": [], "links": [] }, { "text": "(d) Reports to Congress \nNot later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection.", "id": "idb2fe1c5403ad4831a08f24e6afec08d9", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) High altitude balloon \nThe term high altitude balloon means a manned or unmanned free balloon operating not less than 10,000 feet above sea level.", "id": "id0ff852babca242329a959b9a0dd0f4ef", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "314. International engagement \n(a) Plan \n(1) In general \nThe Administrator shall develop and implement a plan to enhance United States’ leadership in aviation safety and policy. (2) Contents of plan \nThe plan required under paragraph (1) shall include, at minimum, the following: (A) Measures to advance international cooperation related to— (i) approval of new safety-enhancing technologies and aeronautical products; (ii) development of regulatory policy and plans related to advanced air mobility concepts; (iii) innovation in the general aviation sector; (iv) further integration of uncrewed aircraft systems and advanced air mobility aircraft and operators; and (v) development of international standards and best practices for enhancing aviation safety consistent with United States policy and objectives. (B) Initiatives to attain greater expertise among employees of the FAA on issues related to dispute resolution, intellectual property, and export control laws. (C) Policy regarding the future direction and strategy of United States engagement with the International Civil Aviation Organization and bilateral partner countries, including the secondment of subject matter experts. (D) Procedures for acceptance of mandatory continuing airworthiness information, such as airworthiness directives and other safety-related regulatory documents, consistent with section 44701(e)(5) of title 49, United States Code. (E) Measures to align the FAA's technical assistance to foreign civil aviation regulators, taking into account, among other factors, with respect to each such foreign regulator, the particular aeronautical products for which the United States is the State of Design in operation in the State of such regulator’s jurisdiction. (F) Measures, such as funding and the hiring of additional FAA personnel, necessary for the FAA to fully participate in global and bilateral activities related to aviation safety. (G) Measures to facilitate and expand the FAA’s international programs, training, and technical assistance to foreign civil aviation authorities in order to— (i) strengthen aviation safety oversight; (ii) meet the United Nations International Civil Aviation Organization standards; and (iii) further United States policy and objectives. (H) Initiatives to further develop and establish the FAA’s foreign offices in strategic regions, particularly Africa and Asia-Pacific, in order to support the FAA’s international mission to promote a safe, secure, seamless, and sustainable global aerospace system. (b) Public availability of plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall make the plan developed under subsection (a) available on the internet website of the FAA. (c) Submission to Congress \n(1) Plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a copy of the plan developed under subsection (a). (2) Updates on implementation \nNot later than 1 year after the submission of the plan under paragraph (1), and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the activities the FAA is conducting in order to implement such plan. (d) International travel \nThe Administrator, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or office, for the purpose of— (1) promotion of aviation safety and other relevant aviation standards; (2) providing support for expedited acceptance of FAA design and production approvals by other civil aviation authorities; (3) facilitation of adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization; or (4) providing support for technical assistance and training by the FAA.", "id": "idd8eabbbea75a489d994a42795f6085de", "header": "International engagement", "nested": [ { "text": "(a) Plan \n(1) In general \nThe Administrator shall develop and implement a plan to enhance United States’ leadership in aviation safety and policy. (2) Contents of plan \nThe plan required under paragraph (1) shall include, at minimum, the following: (A) Measures to advance international cooperation related to— (i) approval of new safety-enhancing technologies and aeronautical products; (ii) development of regulatory policy and plans related to advanced air mobility concepts; (iii) innovation in the general aviation sector; (iv) further integration of uncrewed aircraft systems and advanced air mobility aircraft and operators; and (v) development of international standards and best practices for enhancing aviation safety consistent with United States policy and objectives. (B) Initiatives to attain greater expertise among employees of the FAA on issues related to dispute resolution, intellectual property, and export control laws. (C) Policy regarding the future direction and strategy of United States engagement with the International Civil Aviation Organization and bilateral partner countries, including the secondment of subject matter experts. (D) Procedures for acceptance of mandatory continuing airworthiness information, such as airworthiness directives and other safety-related regulatory documents, consistent with section 44701(e)(5) of title 49, United States Code. (E) Measures to align the FAA's technical assistance to foreign civil aviation regulators, taking into account, among other factors, with respect to each such foreign regulator, the particular aeronautical products for which the United States is the State of Design in operation in the State of such regulator’s jurisdiction. (F) Measures, such as funding and the hiring of additional FAA personnel, necessary for the FAA to fully participate in global and bilateral activities related to aviation safety. (G) Measures to facilitate and expand the FAA’s international programs, training, and technical assistance to foreign civil aviation authorities in order to— (i) strengthen aviation safety oversight; (ii) meet the United Nations International Civil Aviation Organization standards; and (iii) further United States policy and objectives. (H) Initiatives to further develop and establish the FAA’s foreign offices in strategic regions, particularly Africa and Asia-Pacific, in order to support the FAA’s international mission to promote a safe, secure, seamless, and sustainable global aerospace system.", "id": "id047340bb927948b8adbb23460d79edca", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Public availability of plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall make the plan developed under subsection (a) available on the internet website of the FAA.", "id": "ide76c55b51c674058b6b20ae3da6793bd", "header": "Public availability of plan", "nested": [], "links": [] }, { "text": "(c) Submission to Congress \n(1) Plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a copy of the plan developed under subsection (a). (2) Updates on implementation \nNot later than 1 year after the submission of the plan under paragraph (1), and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the activities the FAA is conducting in order to implement such plan.", "id": "id1bfe37614cc948e18c3a5ba651281bb5", "header": "Submission to Congress", "nested": [], "links": [] }, { "text": "(d) International travel \nThe Administrator, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or office, for the purpose of— (1) promotion of aviation safety and other relevant aviation standards; (2) providing support for expedited acceptance of FAA design and production approvals by other civil aviation authorities; (3) facilitation of adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization; or (4) providing support for technical assistance and training by the FAA.", "id": "id1eb6f3b6c81249a3b4b8d1db85c259a7", "header": "International travel", "nested": [], "links": [] } ], "links": [] }, { "text": "315. Air tour and sport parachuting safety \n(a) Safety management system requirements for certain operators \nNot later than 24 months after the date of enactment of this section, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations. (b) Other safety requirements for commercial operators \n(1) Safety reforms \n(A) Authority to conduct nonstop commercial air tours \n(i) In general \nSubject to clauses (ii) and (iii), beginning on the date that is 3 years after the date of enactment of this section, no person may conduct commercial air tours unless that person— (I) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations; and (II) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations. (ii) Small business exception \nThe provisions of clause (i) shall not apply to a person who conducts 50 or fewer commercial air tours in a year. (iii) Temporary exception \nNotwithstanding the requirements of clause (i), for a period of 5 years after the date described in clause (i), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person— (I) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and (II) has not been issued such part 119 certificate or received a denial of the application submitted under subclause (I). (iv) Reporting required \nBeginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under clause (ii) or (iii)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months. (v) Other terms \nThe Administrator shall— (I) revise title 14, Code of Federal Regulations, to include definitions for the terms aerial work and aerial photography that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and (II) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions. (B) Additional safety requirements \nNot later than 3 years after the date of enactment of this section, the Administrator shall issue new or revised regulations that shall require all certificated commercial air tour operators to ensure that the doors of the airplane or helicopter used for such tour remain closed during the period of the tour in which the airplane or helicopter is airborne, except for those conducting parachute operations, and incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low visibility environments with special attention paid to research available as of the date of enactment of this section on human factors issues involved in such accidents, including but not limited to— (i) specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents; (ii) pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules; (iii) use of terrain awareness displays; (iv) spatial disorientation risk factors and countermeasures; and (v) strategies for maintaining control, including the use of automated systems. (2) Aviation rulemaking committee \n(A) In general \nThe Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (i) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues; (ii) requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods); (iii) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program; (iv) establishing methods to provide effective terrain awareness and warning; and (v) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that— (I) includes both visual and aural alerts; (II) is driven by an algorithm designed to eliminate nuisance alerts; and (III) is operational during all flight operations. (B) Membership \nThe aviation rulemaking committee shall consist of members appointed by the Administrator, including— (i) representatives of industry, including manufacturers of aircraft and aircraft technologies; (ii) representatives of aviation operator organizations; and (iii) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations. (C) Duties \n(i) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (v) of subparagraph (A). (ii) Considerations \nIn carrying out its duties under clause (i), the Administrator shall direct the aviation rulemaking committee to consider— (I) recommendations of the National Transportation Safety Board; (II) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements on part 135 commercial operators; (III) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST); (IV) scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends; (V) appropriate use of data for modifying behavior to prevent accidents; (VI) the need to accommodate technological advancements in flight data recording technology; (VII) data gathered from aviation safety reporting programs; (VIII) appropriate methods to provide effective terrain awareness and warning system (TAWS) protections while mitigating nuisance alerts for aircraft; (IX) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; (X) the need to accommodate diversity of operations and mission sets; (XI) benefits of third-party data analysis for large and small operations; (XII) accommodations necessary for small businesses; and (XIII) other issues as necessary. (D) Reports and regulations \nThe Administrator shall— (i) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (ii) not later than 12 months after the date of submission of the report under clause (i), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in clauses (i) through (v) of subparagraph (A); and (iii) not later than 3 years after the date of enactment of this section, issue a final rule with respect to each of the matters specified in such clauses of subparagraph (A). (c) Expedited process for obtaining operating certificates \n(1) In general \nThe Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations. (2) Considerations \nIn carrying out paragraph (1), beginning on the date that is 18 months after the date of enactment of this section, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with subsection (b)(1)(A). (3) Report required \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing— (A) how the procedures implemented under paragraph (1) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title; (B) how considerations under paragraph (2) will be incorporated into procedures implemented under paragraph (1); and (C) any additional resources required to implement procedures under paragraph (1). (4) Additional reports required \nNot later than 3 years after the date of enactment of this section, and annually thereafter the Administrator shall submit a report to the appropriate committees of Congress that— (A) includes— (i) data on certification approvals and denials; and (ii) data on duration of key phases of the certification process; and (B) identifies certification policies in need of reform or repeal. (d) Safety requirements for sport parachute operations \n(1) Aviation rulemaking committee \nThe Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (A) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address— (i) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits; (ii) initial and annual recurrent pilot proficiency checking programs for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and (iii) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft; (B) the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and (C) the revision of guidance materials issued in Order 8900.1 entitled Flight Standards Information Management System , to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations. (2) Membership \nThe aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including— (A) representatives of industry, including manufacturers of aircraft and aircraft technologies; (B) representatives of parachute operator organizations; and (C) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. (3) Duties \n(A) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1). (B) Considerations \nIn carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider— (i) findings and recommendations of the National Transportation Safety Board generally as relevant and specifically those related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; (ii) recommendations of previous aviation rulemaking committees that considered similar issues; (iii) recommendations from industry safety organizations, including, but not limited to, the United States Parachute Association; (iv) appropriate use of data for modifying behavior to prevent accidents; (v) data gathered from aviation safety reporting programs; (vi) the need to accommodate diversity of operations and mission sets; (vii) accommodations necessary for small businesses; and (viii) other issues as necessary. (4) Reports and regulations \nThe Administrator shall— (A) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue, as necessary, an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1); and (C) not later than 3 years after the date of enactment of this section, issue, as necessary, a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1). (e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Commercial air tour \nThe term commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing. (3) Commercial air tour operator \nThe term commercial air tour operator means any person who conducts a commercial air tour. (4) Parachute operation \nThe term parachute operation has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).", "id": "idd83baaa6d1fc492bb32c985bc5909bef", "header": "Air tour and sport parachuting safety", "nested": [ { "text": "(a) Safety management system requirements for certain operators \nNot later than 24 months after the date of enactment of this section, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations.", "id": "id517845f248464489855f1a6a36a00d16", "header": "Safety management system requirements for certain operators", "nested": [], "links": [] }, { "text": "(b) Other safety requirements for commercial operators \n(1) Safety reforms \n(A) Authority to conduct nonstop commercial air tours \n(i) In general \nSubject to clauses (ii) and (iii), beginning on the date that is 3 years after the date of enactment of this section, no person may conduct commercial air tours unless that person— (I) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations; and (II) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations. (ii) Small business exception \nThe provisions of clause (i) shall not apply to a person who conducts 50 or fewer commercial air tours in a year. (iii) Temporary exception \nNotwithstanding the requirements of clause (i), for a period of 5 years after the date described in clause (i), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person— (I) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and (II) has not been issued such part 119 certificate or received a denial of the application submitted under subclause (I). (iv) Reporting required \nBeginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under clause (ii) or (iii)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months. (v) Other terms \nThe Administrator shall— (I) revise title 14, Code of Federal Regulations, to include definitions for the terms aerial work and aerial photography that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and (II) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions. (B) Additional safety requirements \nNot later than 3 years after the date of enactment of this section, the Administrator shall issue new or revised regulations that shall require all certificated commercial air tour operators to ensure that the doors of the airplane or helicopter used for such tour remain closed during the period of the tour in which the airplane or helicopter is airborne, except for those conducting parachute operations, and incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low visibility environments with special attention paid to research available as of the date of enactment of this section on human factors issues involved in such accidents, including but not limited to— (i) specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents; (ii) pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules; (iii) use of terrain awareness displays; (iv) spatial disorientation risk factors and countermeasures; and (v) strategies for maintaining control, including the use of automated systems. (2) Aviation rulemaking committee \n(A) In general \nThe Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (i) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues; (ii) requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods); (iii) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program; (iv) establishing methods to provide effective terrain awareness and warning; and (v) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that— (I) includes both visual and aural alerts; (II) is driven by an algorithm designed to eliminate nuisance alerts; and (III) is operational during all flight operations. (B) Membership \nThe aviation rulemaking committee shall consist of members appointed by the Administrator, including— (i) representatives of industry, including manufacturers of aircraft and aircraft technologies; (ii) representatives of aviation operator organizations; and (iii) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations. (C) Duties \n(i) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (v) of subparagraph (A). (ii) Considerations \nIn carrying out its duties under clause (i), the Administrator shall direct the aviation rulemaking committee to consider— (I) recommendations of the National Transportation Safety Board; (II) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements on part 135 commercial operators; (III) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST); (IV) scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends; (V) appropriate use of data for modifying behavior to prevent accidents; (VI) the need to accommodate technological advancements in flight data recording technology; (VII) data gathered from aviation safety reporting programs; (VIII) appropriate methods to provide effective terrain awareness and warning system (TAWS) protections while mitigating nuisance alerts for aircraft; (IX) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; (X) the need to accommodate diversity of operations and mission sets; (XI) benefits of third-party data analysis for large and small operations; (XII) accommodations necessary for small businesses; and (XIII) other issues as necessary. (D) Reports and regulations \nThe Administrator shall— (i) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (ii) not later than 12 months after the date of submission of the report under clause (i), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in clauses (i) through (v) of subparagraph (A); and (iii) not later than 3 years after the date of enactment of this section, issue a final rule with respect to each of the matters specified in such clauses of subparagraph (A).", "id": "id975888553F0F4E61B6FED72783B1389D", "header": "Other safety requirements for commercial operators", "nested": [], "links": [] }, { "text": "(c) Expedited process for obtaining operating certificates \n(1) In general \nThe Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations. (2) Considerations \nIn carrying out paragraph (1), beginning on the date that is 18 months after the date of enactment of this section, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with subsection (b)(1)(A). (3) Report required \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing— (A) how the procedures implemented under paragraph (1) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title; (B) how considerations under paragraph (2) will be incorporated into procedures implemented under paragraph (1); and (C) any additional resources required to implement procedures under paragraph (1). (4) Additional reports required \nNot later than 3 years after the date of enactment of this section, and annually thereafter the Administrator shall submit a report to the appropriate committees of Congress that— (A) includes— (i) data on certification approvals and denials; and (ii) data on duration of key phases of the certification process; and (B) identifies certification policies in need of reform or repeal.", "id": "id8f6ba4281d95420b8f93a45359bfc318", "header": "Expedited process for obtaining operating certificates", "nested": [], "links": [] }, { "text": "(d) Safety requirements for sport parachute operations \n(1) Aviation rulemaking committee \nThe Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (A) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address— (i) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits; (ii) initial and annual recurrent pilot proficiency checking programs for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and (iii) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft; (B) the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and (C) the revision of guidance materials issued in Order 8900.1 entitled Flight Standards Information Management System , to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations. (2) Membership \nThe aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including— (A) representatives of industry, including manufacturers of aircraft and aircraft technologies; (B) representatives of parachute operator organizations; and (C) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. (3) Duties \n(A) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1). (B) Considerations \nIn carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider— (i) findings and recommendations of the National Transportation Safety Board generally as relevant and specifically those related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; (ii) recommendations of previous aviation rulemaking committees that considered similar issues; (iii) recommendations from industry safety organizations, including, but not limited to, the United States Parachute Association; (iv) appropriate use of data for modifying behavior to prevent accidents; (v) data gathered from aviation safety reporting programs; (vi) the need to accommodate diversity of operations and mission sets; (vii) accommodations necessary for small businesses; and (viii) other issues as necessary. (4) Reports and regulations \nThe Administrator shall— (A) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue, as necessary, an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1); and (C) not later than 3 years after the date of enactment of this section, issue, as necessary, a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1).", "id": "id7B1EDDB497794464924B83696A9DC81C", "header": "Safety requirements for sport parachute operations", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Commercial air tour \nThe term commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing. (3) Commercial air tour operator \nThe term commercial air tour operator means any person who conducts a commercial air tour. (4) Parachute operation \nThe term parachute operation has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).", "id": "idD2FD0A9C05874FA78D0E43D4A362EEA2", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "316. International aviation safety assessment program \nSection 44701 of title 49, United States Code, is amended by adding at the end the following: (g) Aviation safety oversight measures carried out by foreign countries \n(1) Assessment \n(A) In general \nAt intervals the Administrator considers necessary in the interests of safety, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess the effectiveness of the aviation safety oversight measures carried out by a foreign country— (i) from which a foreign air carrier serves the United States; (ii) from which a foreign air carrier seeks to serve the United States; (iii) whose air carriers code-share with a United States air carrier; or (iv) as the Administrator considers appropriate. (B) Requirements \nIn conducting an assessment under subparagraph (A), the Administrator shall— (i) consult with the appropriate authorities of the government of the foreign country concerned; (ii) determine the extent to which such country effectively maintains and carries out its aviation safety oversight measures pursuant to the Convention on International Civil Aviation (in this section referred to as the Chicago Convention ); and (iii) use a standard that will result in an analysis of the aviation safety oversight measures carried out by such country based on the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment. (C) Non-compliance findings \n(i) In general \nWhen the assessment required by this subsection identifies areas of non-compliance to the safety oversight measures in the Chicago Convention, the Administrator shall conduct final discussions with the foreign country within 90 days of the assessment to determine whether the non-compliance findings have been corrected and the foreign country is now in compliance with the applicable international standards for effective aviation safety oversight. (ii) Correction \nIf the Administrator determines that the foreign country has corrected identified area of non-compliance by the close of final discussions, the Federal Aviation Administration will issue or continue to issue operations specifications to the foreign operator to enable the United States air service or to the United States operator if the foreign operator is to carry its airline code. (iii) Non-correction \nIf the Administrator determines that the foreign country has not has corrected identified area of non-compliance by the close of final discussions— (I) immediate notification will be made to the Secretary of Transportation and the Secretary of State, that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country; and (II) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of the foreign country concerned and notification to the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that provides foreign air transportation. (D) Authority \nNotwithstanding subparagraphs (B) and (C), the Administrator retains the ability to initiate immediate safety oversight action when justified based on available safety information. (2) Notification \nAt the conclusion of the international aviation safety assessment process, the Administrator, after advising the Secretary of Transportation and the Secretary of State, shall inform the foreign country of the determination regarding its compliance to ICAO standards. The determination shall— (A) for foreign countries determined to be compliant in ICAO standards, state that no further action is needed; and (B) for foreign countries determined to be non-compliant in ICAO standards, recommend the actions necessary to bring the aviation safety oversight measures carried out by that country into compliance with the international standards contained in the Chicago Convention, as used by the Federal Aviation Administration in making the assessment. (3) Failure to maintain and carry out standards \n(A) In general \nSubject to subparagraph (B), if the Administrator determines that a foreign country does not maintain and carry out effective aviation safety oversight measures, the Administrator shall— (i) notify the appropriate authorities of the government of the foreign country consistent with paragraph (2); (ii) publish the identity of the foreign country on the Federal Aviation Administration website, in the Federal Register, and through other mediums to provide notice to the public; (iii) transmit the identity of the foreign country to the Secretary of State to inform the relevant travel advisories; and (iv) provide the identity of the foreign country and any critical safety information resulting from the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (B) Immediate exercise of authority \n(i) In general \nThe Administrator may immediately exercise authority under subparagraph (A) if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country. (ii) Notification to the Secretary of State \nThe Administrator shall immediately notify the Secretary of State of a determination under clause (i) so that the Secretary of State may issue a travel advisory with respect to the foreign country. (4) Accuracy of the IASA list \nTo meet the need for the public to have timely and accurate information about the aviation safety oversight of foreign countries, the Administrator shall regularly review the activity of foreign air carriers serving the United States and carrying the code of a United States air carrier. Countries with no such operations for an extended period of time, as determined by the Administrator, will be removed from the public listings for inactivity, after advisement with the Secretary of Transportation and the Secretary of State. (5) Training \nThe Federal Aviation Administration shall use data, tools, and methods in order to ensure transparency and repeatable results of the assessments conducted under this subsection. The Federal Aviation Administration shall ensure that Federal Aviation Administration personnel are properly and adequately trained to carry out the assessments set forth in this subsection, including with respect to ICAO standards and their implementation by foreign countries. (6) Report to Congress \nNot later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the assessments conducted under this subsection, including the results of any corrective action period..", "id": "id3e6790f8f64a455ea6922e9056e09383", "header": "International aviation safety assessment program", "nested": [], "links": [] }, { "text": "317. Changed product rule reform \n(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives: (1) For any significant design change, as determined by the Administrator, to require that any exception from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception. (2) To ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14, Code of Federal Regulations, as in effect on the date of application for the change. (b) Congressional briefing \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the FAA's implementation of the recommendations of the Changed Product Rule International Authorities Working Group, established under Section 117 of the Aircraft Certification, Safety, and Accountability Act ( 49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.", "id": "id29c856adf2d643ac88c4443ea39394ba", "header": "Changed product rule reform", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives: (1) For any significant design change, as determined by the Administrator, to require that any exception from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception. (2) To ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14, Code of Federal Regulations, as in effect on the date of application for the change.", "id": "idf86248954ca5414eb0ccdc92fa576ced", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Congressional briefing \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the FAA's implementation of the recommendations of the Changed Product Rule International Authorities Working Group, established under Section 117 of the Aircraft Certification, Safety, and Accountability Act ( 49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.", "id": "id134d313a2ec24e8bb8c819acfaa3a50a", "header": "Congressional briefing", "nested": [], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] } ], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] }, { "text": "318. Development of low-cost voluntary ADS-B \n(a) In general \nNot later than 24 months after the date of enactment of this section, the Administrator, working with representatives from industry groups, including pilots, aircraft owners, avionics manufacturers, and any others deemed necessary to offer technical expertise, shall develop a report regarding the development of a suitable position reporting system for voluntary use in airspace not mandated for Automatic Dependent Surveillance-Broadcast Out equipment and use (in this section referred to as ADS–B Out ) by section 91.225 of title 14, Code of Federal Regulations, to facilitate traffic awareness. (b) Requirements \nThe report developed under subsection (a) shall— (1) research and catalog equipment, standards, and systems (including international) relating to ADS-B Out available as of the date on which the report is submitted under subsection (c); (2) address strengths and weaknesses of the such equipment, standards and systems, including with respect to costs; (3) outline potential regulatory and procedural changes that may need to be undertaken by the FAA and other government entities, as well as equipment, standards, and systems that may need to be developed and required, to enable the development and voluntary use of equipment (existing or new) that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; (4) determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; and (5) include a communication strategy that is targeted towards potential users and promotes the benefits of the position reporting solutions to enhance traffic awareness for voluntary use in airspace not mandated for ADS-B Out, when such technology is available for commercial use. (c) Report to congress \nNot later than 30 day after the date on which the report developed under subsection (a) is finalized, the Administrator shall submit the report to the appropriate committees of Congress.", "id": "id378ed2b398bb429b98110c783fab433f", "header": "Development of low-cost voluntary ADS-B", "nested": [ { "text": "(a) In general \nNot later than 24 months after the date of enactment of this section, the Administrator, working with representatives from industry groups, including pilots, aircraft owners, avionics manufacturers, and any others deemed necessary to offer technical expertise, shall develop a report regarding the development of a suitable position reporting system for voluntary use in airspace not mandated for Automatic Dependent Surveillance-Broadcast Out equipment and use (in this section referred to as ADS–B Out ) by section 91.225 of title 14, Code of Federal Regulations, to facilitate traffic awareness.", "id": "idaaf0121ccc2b42e8a8049a33aed49d58", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe report developed under subsection (a) shall— (1) research and catalog equipment, standards, and systems (including international) relating to ADS-B Out available as of the date on which the report is submitted under subsection (c); (2) address strengths and weaknesses of the such equipment, standards and systems, including with respect to costs; (3) outline potential regulatory and procedural changes that may need to be undertaken by the FAA and other government entities, as well as equipment, standards, and systems that may need to be developed and required, to enable the development and voluntary use of equipment (existing or new) that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; (4) determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; and (5) include a communication strategy that is targeted towards potential users and promotes the benefits of the position reporting solutions to enhance traffic awareness for voluntary use in airspace not mandated for ADS-B Out, when such technology is available for commercial use.", "id": "id9b2064fb4afc4c98bc73d0d806e0642a", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Report to congress \nNot later than 30 day after the date on which the report developed under subsection (a) is finalized, the Administrator shall submit the report to the appropriate committees of Congress.", "id": "id06cfab7e651a4c30bd030a724166c8ce", "header": "Report to congress", "nested": [], "links": [] } ], "links": [] }, { "text": "319. Public aircraft flight time logging eligibility \n(a) Forestry and fire protection flight time logging \n(1) In general \nNotwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency. (2) Retroactive application \nParagraph (1) shall be applied as if enacted on October 8, 2018. (b) Regulations \nNot later than 180 days after the date of enactment of this section, the Administrator shall make such regulatory changes as are necessary as a result of the enactment of subsection (a).", "id": "idd2883205dd834819a6302664ab9f64c8", "header": "Public aircraft flight time logging eligibility", "nested": [ { "text": "(a) Forestry and fire protection flight time logging \n(1) In general \nNotwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency. (2) Retroactive application \nParagraph (1) shall be applied as if enacted on October 8, 2018.", "id": "id828eaff04f8541c59522994bec7b69ed", "header": "Forestry and fire protection flight time logging", "nested": [], "links": [] }, { "text": "(b) Regulations \nNot later than 180 days after the date of enactment of this section, the Administrator shall make such regulatory changes as are necessary as a result of the enactment of subsection (a).", "id": "id39cb65d79a244a2282123962570730a6", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "320. Safety management systems \n(a) Finding \nCongress finds that on January 11, 2023, the FAA released a notice of proposed rulemaking to update and expand the requirements for safety management systems. (b) As the FAA reviews comments to the notice of proposed rulemaking described in subsection (a) and drafts the final rule, the Administrator shall ensure that safety management systems program requirements can be appropriately scaled to the size and complexity of each operator.", "id": "id5e087269521a424da812b720501136ff", "header": "Safety management systems", "nested": [ { "text": "(a) Finding \nCongress finds that on January 11, 2023, the FAA released a notice of proposed rulemaking to update and expand the requirements for safety management systems.", "id": "idf0df1342ab8844159273f999a4f3250f", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) As the FAA reviews comments to the notice of proposed rulemaking described in subsection (a) and drafts the final rule, the Administrator shall ensure that safety management systems program requirements can be appropriately scaled to the size and complexity of each operator.", "id": "id13d3ac814bdd40b09cbac4aca5e20d3f", "header": null, "nested": [], "links": [] } ], "links": [] }, { "text": "321. Aviation safety information analysis and sharing program \nNot later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress, a report on the FAA's progress with respect to the Aviation Safety Information Analysis and Sharing (ASIAS) program that— (1) describes the phased approach the FAA is following to construct the ASIAS system; (2) describes the efforts of the FAA to secure increased safety data from— (A) commercial air carriers; (B) general aviation operators; (C) helicopter operators; (D) unmanned aircraft system operators; and (E) other aircraft operators; and (3) provides a summary of the efforts of the FAA to address gaps in safety data provided from any of the classes of operators described in paragraph (2).", "id": "id1D432911CB9F467A8C0BB24A568131F4", "header": "Aviation safety information analysis and sharing program", "nested": [], "links": [] }, { "text": "322. Consistent and timely pilot checks for air carriers \n(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, subject to subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing, evaluating, and making recommendations on check pilot functions for air carriers operating under part 135 of title 14, Code of Federal Regulations. (b) Membership \n(1) In general \nThe working group required by this section shall include— (A) employees of the FAA who serve as check pilots (as described in section 91.1089 of title 14, Code of Federal Regulations); (B) representatives of air carriers operating under such part 135; and (C) industry associations representing such air carriers. (2) Existing working group \nThe Administrator may assign the duties of the working group described in subsection (c) to an existing FAA working group if— (A) the membership of the existing working group includes the members required under paragraph (1); or (B) the members required under paragraph (1) are added to the membership of the existing working group. (c) Duties \nThe working group shall review, evaluate, and make recommendations on the following: (1) Methods for approving check pilots for air carriers operating under such part 135. (2) Actions required to ensure such air carriers are authorized an adequate number of check pilots to enable timely occurrence of pilot checks. (3) Differences in qualification standards applied to— (A) employees of the FAA who serve as check pilots; and (B) check pilots of an authorized air carrier. (4) Methods to standardize the qualification standards for check pilots, including check pilots who are employees of the FAA and or of an authorized air carrier. (5) Methods to improve the training and qualification of check pilots. (6) Prior recommendations made by FAA advisory committees or working groups regarding check pilot functions. (7) Petitions for rulemaking submitted to the FAA regarding check pilot functions. (d) Briefing to Congress \nNot later than 1 year after than the date on which the Administrator establishes the working group under subsection (a) (or tasks an existing FAA working group under subsection (b)(2) with the duties described in subsection (c)), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group, as well as the Administrator's efforts to implement such recommendations.", "id": "idf3fac543b90e4ea8867a8d2732318c6d", "header": "Consistent and timely pilot checks for air carriers", "nested": [ { "text": "(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, subject to subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing, evaluating, and making recommendations on check pilot functions for air carriers operating under part 135 of title 14, Code of Federal Regulations.", "id": "id994121e0666e4828b58ff8ecc514483e", "header": "Establishment of working group", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) In general \nThe working group required by this section shall include— (A) employees of the FAA who serve as check pilots (as described in section 91.1089 of title 14, Code of Federal Regulations); (B) representatives of air carriers operating under such part 135; and (C) industry associations representing such air carriers. (2) Existing working group \nThe Administrator may assign the duties of the working group described in subsection (c) to an existing FAA working group if— (A) the membership of the existing working group includes the members required under paragraph (1); or (B) the members required under paragraph (1) are added to the membership of the existing working group.", "id": "id7dff74c527794b44a3a52f123a257a22", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe working group shall review, evaluate, and make recommendations on the following: (1) Methods for approving check pilots for air carriers operating under such part 135. (2) Actions required to ensure such air carriers are authorized an adequate number of check pilots to enable timely occurrence of pilot checks. (3) Differences in qualification standards applied to— (A) employees of the FAA who serve as check pilots; and (B) check pilots of an authorized air carrier. (4) Methods to standardize the qualification standards for check pilots, including check pilots who are employees of the FAA and or of an authorized air carrier. (5) Methods to improve the training and qualification of check pilots. (6) Prior recommendations made by FAA advisory committees or working groups regarding check pilot functions. (7) Petitions for rulemaking submitted to the FAA regarding check pilot functions.", "id": "id8131edcd0f78400983e96b36baa213c4", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Briefing to Congress \nNot later than 1 year after than the date on which the Administrator establishes the working group under subsection (a) (or tasks an existing FAA working group under subsection (b)(2) with the duties described in subsection (c)), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group, as well as the Administrator's efforts to implement such recommendations.", "id": "id5b942b748ec54eee9799101cdb469619", "header": "Briefing to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations \n(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish a Part 135 Aircraft Conformity Working Group (in this section referred to as the Working Group ). The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing part 135 air carriers and operators in a timely manner and entering those aircraft into service. (b) Membership \nThe Working Group shall be comprised of representatives of the FAA, existing part 135 air carriers and operators, and associations or trade groups representing such class of air carriers or operators. (c) Duties \nThe Working Group shall consider all aspects of the current FAA processes for ensuring aircraft conformity and make recommendations to enhance those processes, including with respect to— (1) methodologies for air carriers and operators to document and attest to aircraft conformity in accordance with the requirements of part 135; (2) streamlined protocols for part 135 operators to add an aircraft that was listed on another part 135 certificate immediately prior to moving to the new air carrier; and (3) changes to FAA policy and documentation necessary to implement the recommendations of the Working Group. (d) Congressional briefing \nNot later than 1 year after the date on which the Administrator establishes the Working Group, the Administrator shall brief the appropriate committees of Congress on the progress made by the Working Group in carrying out the duties specified in subsection (c), recommendations of the Working Group, and the Administrator's efforts to implement such recommendations. (e) Definition of part 135 \nIn this section the term part 135 means part 135 of title 14, Code of Federal Regulations.", "id": "idfe58b63e3c8743e0970ecf5a33349c96", "header": "Enhancing processes for authorizing aircraft for service in commuter and on demand operations", "nested": [ { "text": "(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish a Part 135 Aircraft Conformity Working Group (in this section referred to as the Working Group ). The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing part 135 air carriers and operators in a timely manner and entering those aircraft into service.", "id": "idbd7e32bf29e3407baf7d1bdfc6e2acc1", "header": "Establishment of working group", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Working Group shall be comprised of representatives of the FAA, existing part 135 air carriers and operators, and associations or trade groups representing such class of air carriers or operators.", "id": "id790a793ae186410896e892eec4f50ed2", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Working Group shall consider all aspects of the current FAA processes for ensuring aircraft conformity and make recommendations to enhance those processes, including with respect to— (1) methodologies for air carriers and operators to document and attest to aircraft conformity in accordance with the requirements of part 135; (2) streamlined protocols for part 135 operators to add an aircraft that was listed on another part 135 certificate immediately prior to moving to the new air carrier; and (3) changes to FAA policy and documentation necessary to implement the recommendations of the Working Group.", "id": "id1b703e66ec1942b5895d7b0885da2a41", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Congressional briefing \nNot later than 1 year after the date on which the Administrator establishes the Working Group, the Administrator shall brief the appropriate committees of Congress on the progress made by the Working Group in carrying out the duties specified in subsection (c), recommendations of the Working Group, and the Administrator's efforts to implement such recommendations.", "id": "id6f21bda58ff44e0cb01ac66c96b8d1a8", "header": "Congressional briefing", "nested": [], "links": [] }, { "text": "(e) Definition of part 135 \nIn this section the term part 135 means part 135 of title 14, Code of Federal Regulations.", "id": "idb00a7522f7bc422c97fc06e6c78a9476", "header": "Definition of part 135", "nested": [], "links": [] } ], "links": [] }, { "text": "324. Tower marking compliance \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on implementation of the requirements of section 2110 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) (as amended by section 576 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 , 132 Stat. 3391)). (b) Requirements \nThe briefing required by subsection (a) shall include the following: (1) A description of, and timeframe for, the Administrator’s development of requirements to file notice of construction of meteorological evaluation towers and other renewable energy projects under the notice of proposed rulemaking RIN 2120-AK77. (2) A description of the FAA’s use of existing publicly accessible databases to collect and make available information about certain structures that are required to, or voluntarily, file notice with the FAA. (3) For the period beginning on July 15, 2016, and ending on the date the briefing required by subsection (a) is provided, a list of aircraft accidents during such period that are associated with covered towers (as such term is defined in section 2110(b)(1)(A) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) that are not marked in accordance with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL).", "id": "id8f47960099f7494db8d89fd35142eaff", "header": "Tower marking compliance", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on implementation of the requirements of section 2110 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) (as amended by section 576 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 , 132 Stat. 3391)).", "id": "id014fd322c3af4f469ff19ddd5385d4c9", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "(b) Requirements \nThe briefing required by subsection (a) shall include the following: (1) A description of, and timeframe for, the Administrator’s development of requirements to file notice of construction of meteorological evaluation towers and other renewable energy projects under the notice of proposed rulemaking RIN 2120-AK77. (2) A description of the FAA’s use of existing publicly accessible databases to collect and make available information about certain structures that are required to, or voluntarily, file notice with the FAA. (3) For the period beginning on July 15, 2016, and ending on the date the briefing required by subsection (a) is provided, a list of aircraft accidents during such period that are associated with covered towers (as such term is defined in section 2110(b)(1)(A) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) that are not marked in accordance with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL).", "id": "id5a304981f0ea477aa177e04bdfb225d4", "header": "Requirements", "nested": [], "links": [ { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" } ] } ], "links": [ { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" } ] }, { "text": "325. Administrative authority for civil penalties \nSection 46301(d) of title 49, United States Code, is amended— (1) in paragraph (4), by striking subparagraph (A) and inserting the following: (A) the amount in controversy is more than— (i) $400,000 if the violation was committed by any person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023; (ii) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023; (iii) $10,000,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023; (iv) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2023; or (v) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023; ; (2) by striking paragraph (8) and inserting the following: (8) The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is— (A) $400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023; (B) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023; (C) $10,000,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023; (D) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2023; or (E) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023. ; and (3) by adding at the end the following: (10) The maximum amounts authorized in clauses (iii) through (v) of paragraph (4)(A) and in subparagraphs (C) through (E) of paragraph (8) of this subsection shall be adjusted for inflation no less frequently than every 5 years..", "id": "idAA0EAA501A084D29822A32F236BD24EA", "header": "Administrative authority for civil penalties", "nested": [], "links": [] }, { "text": "326. Civil penalties for whistleblower protection program violations \nSection 46301(d)(2) of title 49, United States Code, is amended by inserting subchapter III of chapter 421, before chapter 441.", "id": "id3D1DDE293C6D44EEBA65999B14884243", "header": "Civil penalties for whistleblower protection program violations", "nested": [], "links": [] }, { "text": "327. Flight service stations \n(a) Repeal \nSection 44514 of title 49, United States Code, and the item relating to that section in the analysis for chapter 445 of such title 49 are repealed. (b) Conforming amendment \nSection 106(g)(1)(D) of title 49, United States Code, is amended by striking 44514,.", "id": "id2bed20af866a45b6a09f93c73f09355c", "header": "Flight service stations", "nested": [ { "text": "(a) Repeal \nSection 44514 of title 49, United States Code, and the item relating to that section in the analysis for chapter 445 of such title 49 are repealed.", "id": "idf18f73515c8d48f9b0518831d5653072", "header": "Repeal", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 106(g)(1)(D) of title 49, United States Code, is amended by striking 44514,.", "id": "id00b50ed44c8b455e8f6e87523d98c088", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "328. Technical assistance agreements \nSection 40104(b) of title 49, United States Code, is amended by adding at the end the following new paragraphs: (3) State-to-State agreements \nThe Administrator shall promote efficient delivery of bilateral and multilateral engagement and technical assistance by waiving the requirement for State-to-State agreements for the provision of technical assistance and training if the Administrator determines that— (A) a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and (B) the engagement is to provide inherently governmental technical assistance and training. (4) Definition \nIn this subsection, the term inherently governmental technical assistance and training means technical assistance and training that— (A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters; (B) must be accomplished using agency expertise and authority; and (C) relates to— (i) international aviation safety assessment technical reviews and technical assistance; (ii) aerodrome safety and certification; (iii) aviation system certification activities based on Federal Aviation Administration regulations and requirements; (iv) cybersecurity efforts to protect United States aviation ecosystem components and facilities; (v) operation and maintenance of air navigation system equipment, procedures, and personnel; or (vi) related training and exercises in support of aviation safety, efficiency, and security..", "id": "id61359c51dd3c495dbdeffa0e555ac1fe", "header": "Technical assistance agreements", "nested": [], "links": [] }, { "text": "329. Restoration of authority \n(a) In general \nChapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following: 40119. Security and research and development activities \n(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. (b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (c) Transfers of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government.. (b) Effective date \nThe amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if it had never been repealed by the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3186). (c) Conforming amendments \n(1) Chapter 401 analysis \nThe analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following: 40119. Security and research and development activities.. (2) Other disclosure requirements \nSection 44912 of title 49, United States Code, is amended in subsection (d) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).", "id": "idf7f36876b8b34a11ae4e5aced136d6d0", "header": "Restoration of authority", "nested": [ { "text": "(a) In general \nChapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following: 40119. Security and research and development activities \n(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. (b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (c) Transfers of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government..", "id": "id89ce50b0749b45a3952803a6366f10f1", "header": "In general", "nested": [], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if it had never been repealed by the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3186).", "id": "ide7ad1071940a48f38cd96823866a3a55", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "(c) Conforming amendments \n(1) Chapter 401 analysis \nThe analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following: 40119. Security and research and development activities.. (2) Other disclosure requirements \nSection 44912 of title 49, United States Code, is amended in subsection (d) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).", "id": "ide7f55136a30d416097a81c0f25ec3885", "header": "Conforming amendments", "nested": [], "links": [ { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" } ] } ], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" } ] }, { "text": "40119. Security and research and development activities \n(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. (b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (c) Transfers of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government.", "id": "ide92d67bb0b504b269c38add424a9b4dc", "header": "Security and research and development activities", "nested": [ { "text": "(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security.", "id": "id69de055d56c149a8aca5f1092a442716", "header": "General requirements", "nested": [], "links": [] }, { "text": "(b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.", "id": "idb4ca405b945541f4a3b1bbf96d1ba515", "header": "Disclosure", "nested": [], "links": [] }, { "text": "(c) Transfers of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government.", "id": "id0d26e2b7bbee43f280ab6ea921e48e61", "header": "Transfers of duties and powers prohibited", "nested": [], "links": [] } ], "links": [] }, { "text": "330. Tarmac operations monitoring study \n(a) In general \nThe Director of the Bureau of Transportation Statistics (referred to in this section as the Director ), in consultation with other offices within the Office of the Secretary of Transportation and the FAA, shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports in the United States. (b) Objectives \nThe objectives of the study conducted under subsection (a) shall include: (1) Determining the current state of ground source data coverage at airports in the United States. (2) Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies. (3) Conducting data collection through a pilot program and developing ground-based tarmac delay statistics. (4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions. (c) Pilot program \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Director shall establish a pilot program for the purposes of collecting data and developing ground-based tarmac delay statistics or other relevant statistics with respect to airports in the United States. (2) Requirements \nThe pilot program established under paragraph (1) shall— (A) include up to 6 airports that the Director determines reflect a diversity of factors including, geography, size, and air traffic; (B) terminate not more than 3 years after the date of enactment of this section; and (C) be subject to any guidelines issued by the Director. (d) Report \nNot later than 4 years after the date of enactment of this section, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.", "id": "idd28b28ea306a49cebeb6dd59dcc5e18e", "header": "Tarmac operations monitoring study", "nested": [ { "text": "(a) In general \nThe Director of the Bureau of Transportation Statistics (referred to in this section as the Director ), in consultation with other offices within the Office of the Secretary of Transportation and the FAA, shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports in the United States.", "id": "id8fb6e104799941839cdd7889c774e4f1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Objectives \nThe objectives of the study conducted under subsection (a) shall include: (1) Determining the current state of ground source data coverage at airports in the United States. (2) Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies. (3) Conducting data collection through a pilot program and developing ground-based tarmac delay statistics. (4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.", "id": "id4574d81615014c658441800ce14e654d", "header": "Objectives", "nested": [], "links": [] }, { "text": "(c) Pilot program \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Director shall establish a pilot program for the purposes of collecting data and developing ground-based tarmac delay statistics or other relevant statistics with respect to airports in the United States. (2) Requirements \nThe pilot program established under paragraph (1) shall— (A) include up to 6 airports that the Director determines reflect a diversity of factors including, geography, size, and air traffic; (B) terminate not more than 3 years after the date of enactment of this section; and (C) be subject to any guidelines issued by the Director.", "id": "id6ebb0df3759a48afa74c9ac5f42a8d91", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 4 years after the date of enactment of this section, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.", "id": "id39c27524c26946eaab68aebe822ec75b", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "331. GAO report on cybersecurity of commercial aviation avionics \n(a) In general \nThe Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy. (b) Contents of the review \nThe review required by subsection (a) shall assess— (1) how onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery ; (2) how onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note); (3) how roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA; (4) how aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem; and (5) the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities. (c) Report required \nNot later than 1 year after the date of the enactment of this section, the Comptroller General shall submit a report containing the results of the review required by this section to— (1) the appropriate committees of Congress; (2) the Committee on Homeland Security of the House of Representatives; and (3) the Committee on Homeland Security and Government Affairs of the Senate.", "id": "id6a5f2d64d8f64dd69efd971e8371f796", "header": "GAO report on cybersecurity of commercial aviation avionics", "nested": [ { "text": "(a) In general \nThe Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy.", "id": "id13fd9e590a604d8aae8ddfba0efbc358", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents of the review \nThe review required by subsection (a) shall assess— (1) how onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery ; (2) how onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note); (3) how roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA; (4) how aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem; and (5) the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.", "id": "id4a38e9e026554c14ac8adca23eaf3174", "header": "Contents of the review", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "(c) Report required \nNot later than 1 year after the date of the enactment of this section, the Comptroller General shall submit a report containing the results of the review required by this section to— (1) the appropriate committees of Congress; (2) the Committee on Homeland Security of the House of Representatives; and (3) the Committee on Homeland Security and Government Affairs of the Senate.", "id": "idc425db6e354847cca76a1ddce6612b03", "header": "Report required", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "332. Securing aircraft avionics systems \nSection 506(a) of the FAA Reauthorization Act of 2018 ( 42 U.S.C. 44704 note) is amended— (1) in the matter preceding paragraph (1), by striking consider, where appropriate, revising and inserting revise, where appropriate, existing ; (2) in paragraph (1), by striking and after the semicolon; (3) in paragraph (2), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (3) to require that software-based systems and equipment, including aircraft flight critical systems, be verified to ensure the software-based systems and equipment have not been compromised by unauthorized external and internal access..", "id": "idc332c6af622d498f99cd5f29cb19c4ad", "header": "Securing aircraft avionics systems", "nested": [], "links": [ { "text": "42 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/42/44704" } ] }, { "text": "333. Maintenance data availability \n(a) In general \nThe Administrator shall assign to the Aviation Rulemaking Advisory Committee the task of— (1) performing a comprehensive review of previous and current FAA regulations and related internal and external guidance material related to instructions for continue airworthiness (in this section referred to as ICA ); and (2) developing and submitting to the Administrator recommendations for guidance or regulatory changes to— (A) clarify the obligations of design approval holders to develop and make ICA available; (B) create methods to identify and provide access to ICA; and (C) create mechanisms to accept complaints, resolve disputes, and enforce obligations. (b) Report to Congress \nNot later than 1 year after receiving the recommendations under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that describes such recommendations and the Administrator's plan, if any, to implement such recommendations.", "id": "idf0585877b0604a8cafeb1b8156323527", "header": "Maintenance data availability", "nested": [ { "text": "(a) In general \nThe Administrator shall assign to the Aviation Rulemaking Advisory Committee the task of— (1) performing a comprehensive review of previous and current FAA regulations and related internal and external guidance material related to instructions for continue airworthiness (in this section referred to as ICA ); and (2) developing and submitting to the Administrator recommendations for guidance or regulatory changes to— (A) clarify the obligations of design approval holders to develop and make ICA available; (B) create methods to identify and provide access to ICA; and (C) create mechanisms to accept complaints, resolve disputes, and enforce obligations.", "id": "idcb9f394d5bc94b2cad01f96f5eb4bb56", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report to Congress \nNot later than 1 year after receiving the recommendations under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that describes such recommendations and the Administrator's plan, if any, to implement such recommendations.", "id": "id62042fb3763042338e3ee3d8b8b87148", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "334. Study on airworthiness standards compliance \n(a) Study \nThe Administrator shall conduct a study on the safety consequences of a transport airplane design approved by a domestic or foreign aviation manufacturer failing to comply with the applicable airworthiness standards. The study shall identify— (1) each final airworthiness directive applicable to transport airplanes that was issued by the FAA in the 2-year period prior to the date of enactment of this section to address unsafe conditions resulting from the approval of designs that were non-compliant with an applicable airworthiness standard; and (2) for each such airworthiness directive— (A) the airworthiness standard with which the affected products failed to comply, as well as the resulting unsafe condition and whether such condition resulted in an accident; (B) the methods by which the noncompliance was discovered and brought to the attention of the FAA; (C) an analysis of whether the method used by the applicant to show compliance was acceptable and whether other compliance methods would have identified the noncompliance during the type certification process; (D) the date of approval of the relevant type design and the date of issuance of the airworthiness directive; (E) any corrective action mandated to address the identified unsafe condition; (F) the period of time specified for the incorporation of the corrective action, during which the affected products were allowed to operate before the unsafe condition was corrected; and (G) the total cost of compliance estimated in the final rule adopting the airworthiness directive. (b) Coordination \nIn conducting the study under subsection (a), the Administrator shall coordinate with, and solicit comments from, union representatives of the aviation safety engineers involved in the development of airworthiness directives. (c) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) the results of the study conducted under subsection (a); (2) a description of any root cause of unsafe conditions identified by such study, as well as an identification of any action required to address any such root cause; (3) the union representative comments solicited under subsection (b); and (4) any other recommendations for legislative or administrative action determined appropriate by the Administrator. (d) Definition of transport airplane \nFor purposes of this section, the term transport airplane has the meaning given such term in FAA Notice N 8900.649, titled Use of Air Carrier Pilots During Flight Standardization Board Evaluations for Transport Airplanes (issued December 23, 2022).", "id": "iddd6840edb764433a94234f8915f920ae", "header": "Study on airworthiness standards compliance", "nested": [ { "text": "(a) Study \nThe Administrator shall conduct a study on the safety consequences of a transport airplane design approved by a domestic or foreign aviation manufacturer failing to comply with the applicable airworthiness standards. The study shall identify— (1) each final airworthiness directive applicable to transport airplanes that was issued by the FAA in the 2-year period prior to the date of enactment of this section to address unsafe conditions resulting from the approval of designs that were non-compliant with an applicable airworthiness standard; and (2) for each such airworthiness directive— (A) the airworthiness standard with which the affected products failed to comply, as well as the resulting unsafe condition and whether such condition resulted in an accident; (B) the methods by which the noncompliance was discovered and brought to the attention of the FAA; (C) an analysis of whether the method used by the applicant to show compliance was acceptable and whether other compliance methods would have identified the noncompliance during the type certification process; (D) the date of approval of the relevant type design and the date of issuance of the airworthiness directive; (E) any corrective action mandated to address the identified unsafe condition; (F) the period of time specified for the incorporation of the corrective action, during which the affected products were allowed to operate before the unsafe condition was corrected; and (G) the total cost of compliance estimated in the final rule adopting the airworthiness directive.", "id": "ided0790d5a59842889359c14b39c38e7a", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Coordination \nIn conducting the study under subsection (a), the Administrator shall coordinate with, and solicit comments from, union representatives of the aviation safety engineers involved in the development of airworthiness directives.", "id": "id231553a478a048ea8b31f85893fab387", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) the results of the study conducted under subsection (a); (2) a description of any root cause of unsafe conditions identified by such study, as well as an identification of any action required to address any such root cause; (3) the union representative comments solicited under subsection (b); and (4) any other recommendations for legislative or administrative action determined appropriate by the Administrator.", "id": "id188b4e43d04e4f91b6d8603dfa95512d", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(d) Definition of transport airplane \nFor purposes of this section, the term transport airplane has the meaning given such term in FAA Notice N 8900.649, titled Use of Air Carrier Pilots During Flight Standardization Board Evaluations for Transport Airplanes (issued December 23, 2022).", "id": "ida488da2ab23b4b1e96c6d96dd7d80cf3", "header": "Definition of transport airplane", "nested": [], "links": [] } ], "links": [] }, { "text": "335. Fire protection standards \n(a) Internal regulatory review team \n(1) Establishment \nNot later than 60 days after the date of enactment of this section, the Administrator shall establish an internal regulatory review team (in this section referred to as the Team ). (2) Review \n(A) In general \nNot later than 180 days after the date on which the Team is established, the Team shall conduct a review of foreign airworthiness standards and guidance for firewalls to determine best practices that should be adopted by the FAA and submit to the Administrator a report on the findings of such review. (B) Requirements \nIn conducting the review, the team shall— (i) identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and evaluation criteria for such tests, including the use of certification by analysis where substantially similar designs have passed burn tests; (ii) assess the safety implications for any products imported into the United States that do not comply with the FAA’s firewall requirements; and (iii) consult with industry stakeholders to the maximum extent practicable. (b) Duties of the Administrator \nThe Administrator shall— (1) not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the FAA’s Significant Standards List based on such findings; and (2) not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "ide31f017786c74bc9808defdc4652d53b", "header": "Fire protection standards", "nested": [ { "text": "(a) Internal regulatory review team \n(1) Establishment \nNot later than 60 days after the date of enactment of this section, the Administrator shall establish an internal regulatory review team (in this section referred to as the Team ). (2) Review \n(A) In general \nNot later than 180 days after the date on which the Team is established, the Team shall conduct a review of foreign airworthiness standards and guidance for firewalls to determine best practices that should be adopted by the FAA and submit to the Administrator a report on the findings of such review. (B) Requirements \nIn conducting the review, the team shall— (i) identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and evaluation criteria for such tests, including the use of certification by analysis where substantially similar designs have passed burn tests; (ii) assess the safety implications for any products imported into the United States that do not comply with the FAA’s firewall requirements; and (iii) consult with industry stakeholders to the maximum extent practicable.", "id": "idf7d4334c05ba4516ac5d80238c1682ce", "header": "Internal regulatory review team", "nested": [], "links": [] }, { "text": "(b) Duties of the Administrator \nThe Administrator shall— (1) not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the FAA’s Significant Standards List based on such findings; and (2) not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "id9b82bb41eeed45b58ebf68a03cb1bdd4", "header": "Duties of the Administrator", "nested": [], "links": [] } ], "links": [] }, { "text": "336. Cabin air safety \n(a) Deadline for submissions to Congress \nNot later than 60 days after the date of enactment of this section, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and submit to the appropriate Congressional committees the following: (1) The study by the Airliner Cabin Environmental Research Center of Excellence on bleed air required by subsection (c) of such section. (2) The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required by subsection (d) of such section. (b) Rulemaking \nNot later than 1 year after such date of enactment, the Administrator may issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations, with respect to incidents onboard aircraft involving oil and hydraulic fluid fume events. The rulemaking shall include, as necessary, the study and report required under subsection (a) and may include the following: (1) Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving smoke or fume events. (2) A standardized FAA form and system for reporting incidents involving smoke or fume events onboard aircraft. (3) The development of investigative procedures for the FAA to follow after receipt of a report of an incident involving an oil and hydraulic fluid event onboard aircraft in which at least 1 passenger or crew member required medical attention as a result of the incident. (4) Installation onboard aircraft of detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.", "id": "idcf33c1dc590f415e969b808e103a5025", "header": "Cabin air safety", "nested": [ { "text": "(a) Deadline for submissions to Congress \nNot later than 60 days after the date of enactment of this section, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and submit to the appropriate Congressional committees the following: (1) The study by the Airliner Cabin Environmental Research Center of Excellence on bleed air required by subsection (c) of such section. (2) The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required by subsection (d) of such section.", "id": "idc14336668af045fd8330262e677619e8", "header": "Deadline for submissions to Congress", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "(b) Rulemaking \nNot later than 1 year after such date of enactment, the Administrator may issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations, with respect to incidents onboard aircraft involving oil and hydraulic fluid fume events. The rulemaking shall include, as necessary, the study and report required under subsection (a) and may include the following: (1) Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving smoke or fume events. (2) A standardized FAA form and system for reporting incidents involving smoke or fume events onboard aircraft. (3) The development of investigative procedures for the FAA to follow after receipt of a report of an incident involving an oil and hydraulic fluid event onboard aircraft in which at least 1 passenger or crew member required medical attention as a result of the incident. (4) Installation onboard aircraft of detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.", "id": "idc91b1b4203a843dcaddffe54bc3bd1cf", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "337. Airport air safety \nThe Administrator shall evaluate whether there are impacts to travelers due to poor air quality and bleed air inside Washington Dulles International Airport.", "id": "id97dfedc046284a69b1e3558e36cebdcb", "header": "Airport air safety", "nested": [], "links": [] }, { "text": "338. Aircraft interchange agreement limitations \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator shall revise section part 121.569 of title 14, Code of Federal Regulations, to include each of the provisions described in subsection (b). (b) Provisions described \nThe provisions described in this subsection are the following: (1) A 30-day limit on foreign aircraft interchange agreements. (2) A minimum break between foreign aircraft interchange renewals of 90 days. (3) A limit of no more than 1 foreign aircraft interchange agreement between 2 airlines. (4) A limit of no more than 2 foreign aircraft on the interchange agreement.", "id": "id4363968b5dd84eef8f5c38ccc22c4603", "header": "Aircraft interchange agreement limitations", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator shall revise section part 121.569 of title 14, Code of Federal Regulations, to include each of the provisions described in subsection (b).", "id": "idf238c9b269a34de9971ce0913648e906", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Provisions described \nThe provisions described in this subsection are the following: (1) A 30-day limit on foreign aircraft interchange agreements. (2) A minimum break between foreign aircraft interchange renewals of 90 days. (3) A limit of no more than 1 foreign aircraft interchange agreement between 2 airlines. (4) A limit of no more than 2 foreign aircraft on the interchange agreement.", "id": "id76933a376cd745b2af99353b31b1e373", "header": "Provisions described", "nested": [], "links": [] } ], "links": [] }, { "text": "339. Wildfire suppression \n(a) In general \nTo ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, not later than 18 months after the date of enactment of this section, the Administrator shall promulgate an interim final rule under which— (1) an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire; (2) the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and (3) the noise standards described in part 36 of such title 14 shall not apply to such an operation. (b) Surplus military aircraft \nIn promulgating any rule under subsection (a), the Administrator shall not enable any aircraft of a type that has been manufactured in accordance with the requirements of and accepted for use by, any branch of the United States Military and has been later modified to be used for wildfire suppression operations. (c) Conforming amendments to FAA documents \nIn promulgating an interim final rule under subsection (a), the Administrator shall amend FAA Order 8110.56, Restricted Category Type Certification (dated February 27, 2006), as well as any corresponding policy or guidance material, to reflect the requirements of subsection (a). (d) Savings provision \nNothing in this section shall be construed to limit the Administrator’s authority to take action otherwise authorized by law to protect aviation safety or passenger safety. (e) Definitions \nFor purposes of this section: (1) Covered aircraft \nThe term covered aircraft means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency. (2) Firefighters \nThe term firefighters means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.", "id": "id7b681ec1f81a43b49fea2e3f4c5a6d4f", "header": "Wildfire suppression", "nested": [ { "text": "(a) In general \nTo ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, not later than 18 months after the date of enactment of this section, the Administrator shall promulgate an interim final rule under which— (1) an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire; (2) the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and (3) the noise standards described in part 36 of such title 14 shall not apply to such an operation.", "id": "ida90470563fd54fe79f77994ec3acf956", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Surplus military aircraft \nIn promulgating any rule under subsection (a), the Administrator shall not enable any aircraft of a type that has been manufactured in accordance with the requirements of and accepted for use by, any branch of the United States Military and has been later modified to be used for wildfire suppression operations.", "id": "id007b0df53abd47e9b0b75c916675e22f", "header": "Surplus military aircraft", "nested": [], "links": [] }, { "text": "(c) Conforming amendments to FAA documents \nIn promulgating an interim final rule under subsection (a), the Administrator shall amend FAA Order 8110.56, Restricted Category Type Certification (dated February 27, 2006), as well as any corresponding policy or guidance material, to reflect the requirements of subsection (a).", "id": "idb3ed5569a76f445e818b5cbe90258971", "header": "Conforming amendments to FAA documents", "nested": [], "links": [] }, { "text": "(d) Savings provision \nNothing in this section shall be construed to limit the Administrator’s authority to take action otherwise authorized by law to protect aviation safety or passenger safety.", "id": "idf7a621f348a041a1b547d82302586166", "header": "Savings provision", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section: (1) Covered aircraft \nThe term covered aircraft means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency. (2) Firefighters \nThe term firefighters means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.", "id": "id12c059f05b8143b0bd713f11aaf80b38", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "340. Study on impacts of temperature in aircraft cabins \n(a) Study \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a 1-year study on the health and safety impacts, with respect to passengers and crewmembers during each season in which the study is conducted, of the temperature of a covered aircraft cabin falling outside of a temperature between 65 and 85 degrees Fahrenheit during all phases of flight operation. (2) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with the FAA Civil Aerospace Medical Institute, air carriers operating under part 121 of title 14, Code of Federal Regulations, and applicable aviation labor organizations. (3) Flight definition \nFor purposes of paragraph (1), the term flight operation means the period beginning on the moment an individual boards the covered aircraft with the intention of work and duty related to the flight until such time as all such individuals have disembarked from the covered aircraft. (b) Reports \n(1) To the Administrator \nNot later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Administrator a report on the results of such study, together with recommendations determined appropriate by the National Academies. (2) To Congress \nNot later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report describing the results of the study required by subsection (a), together with recommendations for further action deemed appropriate by the Administrator. (c) Definition of covered aircraft \nFor purposes of this section, the term covered aircraft means an aircraft operated under part 121 of title 14, Code of Federal Regulations.", "id": "idc97ed99506b2412cab9d869db1ec3393", "header": "Study on impacts of temperature in aircraft cabins", "nested": [ { "text": "(a) Study \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a 1-year study on the health and safety impacts, with respect to passengers and crewmembers during each season in which the study is conducted, of the temperature of a covered aircraft cabin falling outside of a temperature between 65 and 85 degrees Fahrenheit during all phases of flight operation. (2) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with the FAA Civil Aerospace Medical Institute, air carriers operating under part 121 of title 14, Code of Federal Regulations, and applicable aviation labor organizations. (3) Flight definition \nFor purposes of paragraph (1), the term flight operation means the period beginning on the moment an individual boards the covered aircraft with the intention of work and duty related to the flight until such time as all such individuals have disembarked from the covered aircraft.", "id": "id92251f16c85f451bb401fb928c5eb68d", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) To the Administrator \nNot later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Administrator a report on the results of such study, together with recommendations determined appropriate by the National Academies. (2) To Congress \nNot later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report describing the results of the study required by subsection (a), together with recommendations for further action deemed appropriate by the Administrator.", "id": "id488b9800bb184bedb09087fa80898b56", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Definition of covered aircraft \nFor purposes of this section, the term covered aircraft means an aircraft operated under part 121 of title 14, Code of Federal Regulations.", "id": "idb34cdcc44f0e42f4bc6b34d241834cb6", "header": "Definition of covered aircraft", "nested": [], "links": [] } ], "links": [] }, { "text": "341. Part 135 pilot supplemental oxygen requirement \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to only apply to aircraft operating at altitudes above flight level 410. In the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board.", "id": "id7983be6b650144ffa35263a5598afd05", "header": "Part 135 pilot supplemental oxygen requirement", "nested": [], "links": [] }, { "text": "342. Crewmember pumping guidance \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall— (1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and (2) ensure that complying with the advisory circular will not require an air carrier or foreign air carrier to incur significant expense, such as through the addition of an extra crewmember in response to providing a break, removal or retrofitting of seats on the aircraft, or modification or retrofitting of an aircraft. (b) Definitions \nIn this section: (1) Crewmember \nThe term crewmember has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations. (2) Critical phases of flight \nThe term critical phases of flight has the meaning given such term in section 121.542 of title 14, Code of Federal Regulations. (3) Part 121 \nThe term Part 121 means part 121 of title 14, Code of Federal Regulations. (c) Aviation safety \nNothing in this section shall limit the Administrator’s authority for aviation safety under subtitle VII of title 49, United States Code.", "id": "id0a17f285e77c43eb9af25a84ae9ae0f1", "header": "Crewmember pumping guidance", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall— (1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and (2) ensure that complying with the advisory circular will not require an air carrier or foreign air carrier to incur significant expense, such as through the addition of an extra crewmember in response to providing a break, removal or retrofitting of seats on the aircraft, or modification or retrofitting of an aircraft.", "id": "idac8990745b11459c90322d2e186fdecb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Crewmember \nThe term crewmember has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations. (2) Critical phases of flight \nThe term critical phases of flight has the meaning given such term in section 121.542 of title 14, Code of Federal Regulations. (3) Part 121 \nThe term Part 121 means part 121 of title 14, Code of Federal Regulations.", "id": "id053967edcd7a4875a6c5e4515c4651be", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Aviation safety \nNothing in this section shall limit the Administrator’s authority for aviation safety under subtitle VII of title 49, United States Code.", "id": "id1ade23867ca14017a2af4227a9124b4e", "header": "Aviation safety", "nested": [], "links": [] } ], "links": [] }, { "text": "343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act \n(a) Oversight of organization designation authorization unit members \nSection 44741 of title 49, United States Code, is amended— (1) in subsection (f)(2), in the matter preceding subparagraph (A), by striking September 30, 2023 and inserting September 30, 2028 ; and (2) in subsection (j), by striking 2023 and inserting 2028. (b) Integrated project teams \nSection 108(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028. (c) Appeals of certification decisions \nSection 44704(g)(1)(C)(ii) of title 49, United States Code, is amended by striking calendar year 2025 and inserting calendar year 2028. (d) Professional development, skills enhancement, continuing education and training \nSection 44519(c) of title 49, United States Code, is amended by striking 2023 and inserting 2028. (e) Voluntary safety reporting program \nSection 113(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028. (f) Changed product rule \nSection 117(b)(1) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028. (g) Domestic and international pilot training \nSection 119(f)(3) of division V of the Consolidated Appropriations Act, 2021 is amended by striking 2023 and inserting 2028. (h) Oversight of FAA compliance program \nSection 122 of division V of the Consolidated Appropriations Act, 2021 is amended— (1) in subsection (c)(4), by striking October 1, 2023 and inserting October 1, 2028 ; and (2) in subsection (d), by striking 2023 and inserting 2028. (i) National air grant fellowship program \nSection 131(d) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 40101 note) is amended by striking 2025 and inserting 2028.", "id": "id5d3c2621486843e2bc54ed49a842f03c", "header": "Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act", "nested": [ { "text": "(a) Oversight of organization designation authorization unit members \nSection 44741 of title 49, United States Code, is amended— (1) in subsection (f)(2), in the matter preceding subparagraph (A), by striking September 30, 2023 and inserting September 30, 2028 ; and (2) in subsection (j), by striking 2023 and inserting 2028.", "id": "id5d708f787b35435f87a3e246724fbb83", "header": "Oversight of organization designation authorization unit members", "nested": [], "links": [] }, { "text": "(b) Integrated project teams \nSection 108(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028.", "id": "id35bf7bdc349349bcae137cc658e11273", "header": "Integrated project teams", "nested": [], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] }, { "text": "(c) Appeals of certification decisions \nSection 44704(g)(1)(C)(ii) of title 49, United States Code, is amended by striking calendar year 2025 and inserting calendar year 2028.", "id": "id37c2efc005384a7da3fd7f8f4737c94d", "header": "Appeals of certification decisions", "nested": [], "links": [] }, { "text": "(d) Professional development, skills enhancement, continuing education and training \nSection 44519(c) of title 49, United States Code, is amended by striking 2023 and inserting 2028.", "id": "ida415362037a345289fa780857e27f10d", "header": "Professional development, skills enhancement, continuing education and training", "nested": [], "links": [] }, { "text": "(e) Voluntary safety reporting program \nSection 113(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028.", "id": "idf29e991dc89b46739b188fc902ca0141", "header": "Voluntary safety reporting program", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "(f) Changed product rule \nSection 117(b)(1) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028.", "id": "id2f121f3dade248f1975fa433974f9407", "header": "Changed product rule", "nested": [], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] }, { "text": "(g) Domestic and international pilot training \nSection 119(f)(3) of division V of the Consolidated Appropriations Act, 2021 is amended by striking 2023 and inserting 2028.", "id": "idcd8348ade6a540cca30d8d9dba97ac42", "header": "Domestic and international pilot training", "nested": [], "links": [] }, { "text": "(h) Oversight of FAA compliance program \nSection 122 of division V of the Consolidated Appropriations Act, 2021 is amended— (1) in subsection (c)(4), by striking October 1, 2023 and inserting October 1, 2028 ; and (2) in subsection (d), by striking 2023 and inserting 2028.", "id": "ida38dfa8f35ab448bbfeb762dcc70c27a", "header": "Oversight of FAA compliance program", "nested": [], "links": [] }, { "text": "(i) National air grant fellowship program \nSection 131(d) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 40101 note) is amended by striking 2025 and inserting 2028.", "id": "id783167762cd3481ca74f8c3ba41f36d5", "header": "National air grant fellowship program", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] } ], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" }, { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" }, { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "401. NextGen accountability task force \n(a) Establishment \nThe Administrator shall establish a task force, to be known as the NextGen Accountability Task Force (referred to in this section as the Task Force ) to provide recommendations on the most effective operational metrics that can be used to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the Next Generation Air Transportation System (NextGen) project. (b) Membership \n(1) In general \nThe Task Force shall be composed of, at a minimum, representatives from— (A) the FAA; (B) trade associations representing avionics manufacturers; (C) trade associations representing air carriers (D) trade associations representing business or general aviation operators; (E) labor organizations representing air traffic controllers; and (F) any other interested parties that the Administrator determines may provide expertise and assist the Task Force to fulfill its obligations. (2) Appointment \nThe Administrator shall appoint each member of the Task Force. (3) Vacancies \nA vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (c) Duties \nThe Task Force shall — (1) leverage current metrics used by the FAA to quantify the benefits of NextGen technology and investments; (2) validate current and establish additional metrics for the FAA to track national airspace system throughput and savings due to NextGen investments by calculating a weighted average by distance, on a per flight basis— (A) reduction and cumulative savings of track miles and time savings; (B) reduction and cumulative savings of emissions and fuel burn; (C) reduction of aircraft operation time; and (D) any other metrics that the Administrator determines may provide quantifiable benefits for operators in the national airspace system; and (3) validate current and establish metrics for the FAA to track and assess fleet equipage across operators in the national airspace system including— (A) percentage of aircraft equipped with NextGen avionics equipment as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020; (B) quantified costs and benefits for an operator to properly equip with baseline NextGen avionics equipment over the aircraft’s lifecycle; and (C) cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators. (d) Report \nNot later than 270 days after the date of enactment of this section, the Task Force shall submit to the Administrator a report with its findings and recommendations and metrics developed pursuant to subsections (a) and (c). (e) Public display \nNot later than 180 days after receiving the report required under subsection (d), the Administrator shall establish a website of the FAA that can be used to present, track, and update through 2030— (1) the metrics recommended and established by the Task Force on a quarterly and annual basis depending on the metric; and (2) the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator declares the completion of NextGen implementation. (f) Federal Advisory Committee Act \nChapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ), shall not apply to the Task Force. (g) Sunset \nThe Task Force shall terminate on the date on which the Administrator receives the report required under subsection (d).", "id": "idc3213bc7e0c54b7a965acd7c3ed31b56", "header": "NextGen accountability task force", "nested": [ { "text": "(a) Establishment \nThe Administrator shall establish a task force, to be known as the NextGen Accountability Task Force (referred to in this section as the Task Force ) to provide recommendations on the most effective operational metrics that can be used to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the Next Generation Air Transportation System (NextGen) project.", "id": "id7cee237d827b45a4b06ba91543c5f44d", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) In general \nThe Task Force shall be composed of, at a minimum, representatives from— (A) the FAA; (B) trade associations representing avionics manufacturers; (C) trade associations representing air carriers (D) trade associations representing business or general aviation operators; (E) labor organizations representing air traffic controllers; and (F) any other interested parties that the Administrator determines may provide expertise and assist the Task Force to fulfill its obligations. (2) Appointment \nThe Administrator shall appoint each member of the Task Force. (3) Vacancies \nA vacancy in the Task Force shall be filled in the manner in which the original appointment was made.", "id": "idd005400545f644c4a155b4ebc33c07da", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Task Force shall — (1) leverage current metrics used by the FAA to quantify the benefits of NextGen technology and investments; (2) validate current and establish additional metrics for the FAA to track national airspace system throughput and savings due to NextGen investments by calculating a weighted average by distance, on a per flight basis— (A) reduction and cumulative savings of track miles and time savings; (B) reduction and cumulative savings of emissions and fuel burn; (C) reduction of aircraft operation time; and (D) any other metrics that the Administrator determines may provide quantifiable benefits for operators in the national airspace system; and (3) validate current and establish metrics for the FAA to track and assess fleet equipage across operators in the national airspace system including— (A) percentage of aircraft equipped with NextGen avionics equipment as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020; (B) quantified costs and benefits for an operator to properly equip with baseline NextGen avionics equipment over the aircraft’s lifecycle; and (C) cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators.", "id": "idb664a76bee504442b67756a07eb67f7b", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 270 days after the date of enactment of this section, the Task Force shall submit to the Administrator a report with its findings and recommendations and metrics developed pursuant to subsections (a) and (c).", "id": "idf842931257fe48779e7efe8ffbc62482", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Public display \nNot later than 180 days after receiving the report required under subsection (d), the Administrator shall establish a website of the FAA that can be used to present, track, and update through 2030— (1) the metrics recommended and established by the Task Force on a quarterly and annual basis depending on the metric; and (2) the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator declares the completion of NextGen implementation.", "id": "idbb7d387d1dcd45c9ba99121ca76ef98f", "header": "Public display", "nested": [], "links": [] }, { "text": "(f) Federal Advisory Committee Act \nChapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ), shall not apply to the Task Force.", "id": "id94e559f19ddd4a99b102c163c589231e", "header": "Federal Advisory Committee Act", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(g) Sunset \nThe Task Force shall terminate on the date on which the Administrator receives the report required under subsection (d).", "id": "iddd49a686976c4b9d9277379d59ddb3c4", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "402. Use of advanced surveillance in oceanic airspace \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop a plan to— (1) coordinate with counterparts at air service navigation providers in airspace that is adjacent to United States airspace or international airspace delegated to the United States to— (A) adopt reduced separation standards in oceanic airspace; (B) implement procedures that will permit user preferred routes to increase fuel efficiency and reduce greenhouse gas emissions; and (C) exercise leadership in setting global standards by harmonizing the safety and efficiency of air traffic operations in airspace neighboring any airspace delegated to the United States; and (2) utilize Automatic Dependent Surveillance-Broadcast (ADS-B) relay service within United States airspace or international airspace delegated to the United States for— (A) positive air traffic control, including separation of aircraft by implementing the ICAO Advanced Surveillance-Enhanced Procedural Separation standard; (B) air traffic flow management; (C) search and rescue; (D) accident investigation; and (E) data analytics. (b) Report \nNot later than 120 days after the date on which the Administrator completes development of the plan required by subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that— (1) details the actions the Administrator shall take to implement the plan, including specifying the required technical system upgrades, operational procedure modifications, new training requirements, and a transition plan; (2) details a schedule with milestones for implementation of the use of advanced surveillance systems or services and coordination of such use with international air service navigation providers; and (3) describes any anticipated safety enhancements, fuel and operating cost savings, and reduction in carbon emissions of aircraft operating through airspace in which such advanced surveillance systems or services are used.", "id": "id3fff47fc4a9c43bf9658a6292b223b89", "header": "Use of advanced surveillance in oceanic airspace", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop a plan to— (1) coordinate with counterparts at air service navigation providers in airspace that is adjacent to United States airspace or international airspace delegated to the United States to— (A) adopt reduced separation standards in oceanic airspace; (B) implement procedures that will permit user preferred routes to increase fuel efficiency and reduce greenhouse gas emissions; and (C) exercise leadership in setting global standards by harmonizing the safety and efficiency of air traffic operations in airspace neighboring any airspace delegated to the United States; and (2) utilize Automatic Dependent Surveillance-Broadcast (ADS-B) relay service within United States airspace or international airspace delegated to the United States for— (A) positive air traffic control, including separation of aircraft by implementing the ICAO Advanced Surveillance-Enhanced Procedural Separation standard; (B) air traffic flow management; (C) search and rescue; (D) accident investigation; and (E) data analytics.", "id": "id607eddf04f29421ba50b22ebe4e849da", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 120 days after the date on which the Administrator completes development of the plan required by subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that— (1) details the actions the Administrator shall take to implement the plan, including specifying the required technical system upgrades, operational procedure modifications, new training requirements, and a transition plan; (2) details a schedule with milestones for implementation of the use of advanced surveillance systems or services and coordination of such use with international air service navigation providers; and (3) describes any anticipated safety enhancements, fuel and operating cost savings, and reduction in carbon emissions of aircraft operating through airspace in which such advanced surveillance systems or services are used.", "id": "id615c2af68f354243849e4bd17cc77b76", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "403. GPS monitoring pilot program \n(a) Establishment \nThe Administrator shall conduct a pilot program to evaluate technologies to detect, measure, and locate disrupting sources of interference to the GPS Standard Positioning Service in order to mitigate the impacts on air commerce and other related government and civilian functions within the air traffic management ecosystem. (b) Evaluation of technologies \n(1) Types of technologies \nThe pilot program shall evaluate commercially available technologies, as well as technologies under development by the FAA, the Department of Transportation, the Department of Defense, the Department of Homeland Security, and the National Aeronautics and Space Administration. (2) Scope \nThe pilot program shall consider technologies that have both physical electronics equipment and software components, as well as technologies with only software components. (c) Number of evaluation sites \nThe pilot program shall evaluate technologies for the purposes described in subsection (a) at not less than 5, and not more than 7, airports unless the Administrator determines that additional evaluation sites are needed to carry out the pilot program. (d) Location of evaluation sites \n(1) In general \nThe pilot program shall be conducted at each of the following types of airports: (A) A primary airport in Class B airspace. (B) A primary airport in Class C airspace. (C) A primary airport in Class D airspace. (D) An airport in Class E airspace. (E) A Joint-Use Airport. (2) Documented interference \nIn determining whether an airport should be an evaluation site for the pilot program, the Administrator shall consider airports described in paragraph (1) that have experienced documented instances of interference to the GPS Standard Positioning Service during the 5-year period ending with the date of enactment of this section. (e) Private sector participation \nThe Administrator shall collaborate with the private sector, including providers of technology that can cost-effectively implement a capability to potentially mitigate the impacts of GPS Standard Positioning Service interference on air commerce. (f) Congressional briefings \nBeginning 12 months after the date of enactment of this section, and annually thereafter until the date on which the report required by subsection (g) is submitted, the Administrator shall provide the appropriate committees of Congress with a briefing summarizing the status of, and findings from, the pilot program. (g) Report \nNot later than 180 days after date on which pilot program is terminated, the Administrator shall provide a report to the appropriate committees of Congress on the results of the pilot program. (h) GPS Standard Positioning Service defined \nIn this section, the term GPS Standard Positioning Service has the meaning given such term in section 2281(d)(2) of title 10, United States Code.", "id": "id9ba7af1610a04a6fbe5d5fd193731878", "header": "GPS monitoring pilot program", "nested": [ { "text": "(a) Establishment \nThe Administrator shall conduct a pilot program to evaluate technologies to detect, measure, and locate disrupting sources of interference to the GPS Standard Positioning Service in order to mitigate the impacts on air commerce and other related government and civilian functions within the air traffic management ecosystem.", "id": "id7ad5183286194c41bf125edd76e74e15", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Evaluation of technologies \n(1) Types of technologies \nThe pilot program shall evaluate commercially available technologies, as well as technologies under development by the FAA, the Department of Transportation, the Department of Defense, the Department of Homeland Security, and the National Aeronautics and Space Administration. (2) Scope \nThe pilot program shall consider technologies that have both physical electronics equipment and software components, as well as technologies with only software components.", "id": "idc05fb51dbe0f4d92b8cb17cd564cdf50", "header": "Evaluation of technologies", "nested": [], "links": [] }, { "text": "(c) Number of evaluation sites \nThe pilot program shall evaluate technologies for the purposes described in subsection (a) at not less than 5, and not more than 7, airports unless the Administrator determines that additional evaluation sites are needed to carry out the pilot program.", "id": "idd737da6398af4a118a103d4709e4822f", "header": "Number of evaluation sites", "nested": [], "links": [] }, { "text": "(d) Location of evaluation sites \n(1) In general \nThe pilot program shall be conducted at each of the following types of airports: (A) A primary airport in Class B airspace. (B) A primary airport in Class C airspace. (C) A primary airport in Class D airspace. (D) An airport in Class E airspace. (E) A Joint-Use Airport. (2) Documented interference \nIn determining whether an airport should be an evaluation site for the pilot program, the Administrator shall consider airports described in paragraph (1) that have experienced documented instances of interference to the GPS Standard Positioning Service during the 5-year period ending with the date of enactment of this section.", "id": "idb709255ca511475d827d79b329baffed", "header": "Location of evaluation sites", "nested": [], "links": [] }, { "text": "(e) Private sector participation \nThe Administrator shall collaborate with the private sector, including providers of technology that can cost-effectively implement a capability to potentially mitigate the impacts of GPS Standard Positioning Service interference on air commerce.", "id": "id5289844063d3483aa7922e1a6190189e", "header": "Private sector participation", "nested": [], "links": [] }, { "text": "(f) Congressional briefings \nBeginning 12 months after the date of enactment of this section, and annually thereafter until the date on which the report required by subsection (g) is submitted, the Administrator shall provide the appropriate committees of Congress with a briefing summarizing the status of, and findings from, the pilot program.", "id": "id6597c974cdfd4d59a869f3b58b828c40", "header": "Congressional briefings", "nested": [], "links": [] }, { "text": "(g) Report \nNot later than 180 days after date on which pilot program is terminated, the Administrator shall provide a report to the appropriate committees of Congress on the results of the pilot program.", "id": "id889e18322a31415cbd3256eefdeb0c4d", "header": "Report", "nested": [], "links": [] }, { "text": "(h) GPS Standard Positioning Service defined \nIn this section, the term GPS Standard Positioning Service has the meaning given such term in section 2281(d)(2) of title 10, United States Code.", "id": "id28aa5f950b6041dbbf40ae855c7fb7d7", "header": "GPS Standard Positioning Service defined", "nested": [], "links": [] } ], "links": [] }, { "text": "404. Runway safety technologies \n(a) Study \nThe Administrator shall conduct a study of runway safety incidents and accidents at airports in the United States and identify technologies that may prevent or reduce the risk of such incidents and accidents. (b) Report \nNot later than 9 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a) that includes the following: (1) Recommendations for preventative measures, including process changes and identification of available technologies, to mitigate the risks of runway safety incidents and accidents at or near airports in the United States. (2) Recommendations for additional airports in the United States, based on a risk-based analysis, that would be viable candidates for installation of runway safety technologies. (3) The FAA's timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by the Airport Surface Detection System - Model X (ASDE-X) and the Airport Surface Surveillance Capability (ASSC) legacy surveillance systems, and implementing runway safety technologies at airports currently without surface surveillance systems, as needed to improve runway safety. (4) An explanation of the decision-making process used by the FAA to determine whether to introduce runway safety technologies, like ASDE-X, ASSC, or other appropriate surface surveillance systems, at additional airports. (c) Briefings \nFollowing the submission of the report under subsection (b) and annually thereafter, the Administrator shall brief the appropriate committees of Congress on the progress of the action plan under subsection (b)(3), including on the— (1) status of implementing new surface surveillance systems at additional airports; and (2) justification for delaying or not implementing additional surface surveillance systems at airports identified by the Administrator under subsection (b)(2).", "id": "idbfe0d26ae91d495da61eb1e82a155cbe", "header": "Runway safety technologies", "nested": [ { "text": "(a) Study \nThe Administrator shall conduct a study of runway safety incidents and accidents at airports in the United States and identify technologies that may prevent or reduce the risk of such incidents and accidents.", "id": "id7b204d6ead5d4d2fb83dce98e470c34a", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 9 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a) that includes the following: (1) Recommendations for preventative measures, including process changes and identification of available technologies, to mitigate the risks of runway safety incidents and accidents at or near airports in the United States. (2) Recommendations for additional airports in the United States, based on a risk-based analysis, that would be viable candidates for installation of runway safety technologies. (3) The FAA's timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by the Airport Surface Detection System - Model X (ASDE-X) and the Airport Surface Surveillance Capability (ASSC) legacy surveillance systems, and implementing runway safety technologies at airports currently without surface surveillance systems, as needed to improve runway safety. (4) An explanation of the decision-making process used by the FAA to determine whether to introduce runway safety technologies, like ASDE-X, ASSC, or other appropriate surface surveillance systems, at additional airports.", "id": "id239292bb97a34806ad31fc61193d4cef", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Briefings \nFollowing the submission of the report under subsection (b) and annually thereafter, the Administrator shall brief the appropriate committees of Congress on the progress of the action plan under subsection (b)(3), including on the— (1) status of implementing new surface surveillance systems at additional airports; and (2) justification for delaying or not implementing additional surface surveillance systems at airports identified by the Administrator under subsection (b)(2).", "id": "id7aef9874194f4b60823aecb171e2c06c", "header": "Briefings", "nested": [], "links": [] } ], "links": [] }, { "text": "405. Flight profile optimization \n(a) Pilot program \n(1) Establishment \nNot later than 90 days after the date of enactment of this section, the Administrator shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as FPO ) into the FAA's trajectory based-operations air traffic flow management system. (2) Considerations \nIn establishing the pilot program under paragraph (1), the Administrator shall consider the following: (A) The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft. (B) The extent to which developed FPO capabilities may achieve environmental benefits and time savings. (C) The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the FAA’s performance in carrying out air traffic flow management system development projects. (D) Any other information the Administrator deems appropriate. (3) Application \nTo be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. (4) Maximum amount \nA grant awarded under the program shall not exceed $2,000,000 to a single air traffic flow management technology provider. (b) Briefing to Congress \nNot later than 180 days after the establishment of the pilot program under subsection (a), and annually thereafter until the termination of the pilot program, the Administrator shall brief the appropriate committees of Congress on the progress of the pilot program under this section, including any implementation challenges of the program, detailed metrics of the program, and any suggested action to achieve the adoption of FPO. (c) Definition of trajectory-based operations \nThe term trajectory-based operations means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.", "id": "id3211516e008b4367961ba07fada26e9e", "header": "Flight profile optimization", "nested": [ { "text": "(a) Pilot program \n(1) Establishment \nNot later than 90 days after the date of enactment of this section, the Administrator shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as FPO ) into the FAA's trajectory based-operations air traffic flow management system. (2) Considerations \nIn establishing the pilot program under paragraph (1), the Administrator shall consider the following: (A) The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft. (B) The extent to which developed FPO capabilities may achieve environmental benefits and time savings. (C) The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the FAA’s performance in carrying out air traffic flow management system development projects. (D) Any other information the Administrator deems appropriate. (3) Application \nTo be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. (4) Maximum amount \nA grant awarded under the program shall not exceed $2,000,000 to a single air traffic flow management technology provider.", "id": "id8d902402c1224724b4bda140a79f9d28", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Briefing to Congress \nNot later than 180 days after the establishment of the pilot program under subsection (a), and annually thereafter until the termination of the pilot program, the Administrator shall brief the appropriate committees of Congress on the progress of the pilot program under this section, including any implementation challenges of the program, detailed metrics of the program, and any suggested action to achieve the adoption of FPO.", "id": "id11edf51255734f07ad43e8ac8e83df85", "header": "Briefing to Congress", "nested": [], "links": [] }, { "text": "(c) Definition of trajectory-based operations \nThe term trajectory-based operations means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.", "id": "idb7f9f1547c914d40a0cc15c6b036f5c3", "header": "Definition of trajectory-based operations", "nested": [], "links": [] } ], "links": [] }, { "text": "406. Stars remote surveillance displays \n(a) Certification \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall define minimum performance and technical requirements in order to provide a mechanism to certify a commercial radar display capable of displaying primary and secondary radar targets for use by controllers in FAA Contract Tower program towers. (2) STARS \nWith respect to a Standard Terminal Automation Replacement System or any equivalent system procured directly from an original equipment manufacturer (in this section referred to as an OEM ), the Administrator shall move expeditiously to certify such systems for Federal contract towers and identify such systems by issuing an advisory circular regarding the certification of such systems. (3) Minimum equipment list \nThe FAA may add Standard Terminal Automation Replacement System equipment to the minimum level of equipage necessary for Federal contract towers to perform their function, as applicable. (b) Installation and maintenance \nNot later than December 31, 2025, the Administrator shall allow airports to— (1) procure, install, and maintain a Standard Terminal Automation Replacement System or any equivalent system through the FAA; or (2) purchase a Standard Terminal Automation Replacement System or any equivalent system and installation and maintenance services directly from an OEM.", "id": "id575787586c0549e9a84fc839868629f3", "header": "Stars remote surveillance displays", "nested": [ { "text": "(a) Certification \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall define minimum performance and technical requirements in order to provide a mechanism to certify a commercial radar display capable of displaying primary and secondary radar targets for use by controllers in FAA Contract Tower program towers. (2) STARS \nWith respect to a Standard Terminal Automation Replacement System or any equivalent system procured directly from an original equipment manufacturer (in this section referred to as an OEM ), the Administrator shall move expeditiously to certify such systems for Federal contract towers and identify such systems by issuing an advisory circular regarding the certification of such systems. (3) Minimum equipment list \nThe FAA may add Standard Terminal Automation Replacement System equipment to the minimum level of equipage necessary for Federal contract towers to perform their function, as applicable.", "id": "idea5915f86dad4fd69142078cd1805fb3", "header": "Certification", "nested": [], "links": [] }, { "text": "(b) Installation and maintenance \nNot later than December 31, 2025, the Administrator shall allow airports to— (1) procure, install, and maintain a Standard Terminal Automation Replacement System or any equivalent system through the FAA; or (2) purchase a Standard Terminal Automation Replacement System or any equivalent system and installation and maintenance services directly from an OEM.", "id": "id145bf4a408bc4cec8389c467edb026d9", "header": "Installation and maintenance", "nested": [], "links": [] } ], "links": [] }, { "text": "407. Audit of legacy systems \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall initiate an audit of all legacy systems to determine their level of operational risk, functionality, security, and compatibility with current and future technology. (b) Scope of audit \nThe audit required by subsection (a)— (1) shall be conducted by an independent third-party contractor or a Federally funded research and development center (FFRDC) selected by the Administrator; (2) shall include an assessment of whether a legacy system is outdated, insufficient, unsafe, or unstable, as defined in subsection (f); and (3) with respect to any legacy systems identified in the audit as outdated, insufficient, unsafe, or unstable, shall include— (A) an analysis of the operational risks associated with using such legacy systems; (B) recommendations for replacement or enhancement of such legacy systems; and (C) an analysis of any potential impact on aviation safety and efficiency. (c) Deadline \nNot later than December 31, 2025, the audit required by subsection (a) shall be completed. (d) Report \nNot later than 180 days after the audit required by subsection (a) is completed, the Administrator shall provide a report to the appropriate committees of Congress on the audit's findings and recommendations, including— (1) an inventory of the legacy systems in use; (2) an assessment of the operational condition of the legacy systems in use; and (3) the average age of in-service legacy systems and, for each legacy system in use, the intended design life of the system, by type. (e) Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems \n(1) In general \nNot later than 120 days after the date on which the Administrator provides the report required by subsection (d), the Administrator shall initiate a plan, in coordination with industry, to accelerate drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required by subsection (a) as outdated, insufficient, unsafe, or unstable. (2) Priorities \nThe Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to air safety and the costs associated with the replacement or enhancement of such legacy systems. (3) Collaboration \nThe Administrator shall work with industry to develop a plan to replace or enhance the identified legacy systems within a reasonable time frame. (4) Progress updates \nThe Administrator shall provide the appropriate committees of Congress with semi-annual updates on the progress made in replacing or enhancing the identified legacy systems. (f) Definitions \nIn this section: (1) Industry \nThe term industry means the aviation industry, limited to organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization (ICAO) standards. (2) Legacy systems \nThe term legacy systems means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure owned by the FAA that were deployed prior to the year 2000, including the Notice to Air Missions (NOTAM) system. (3) Outdated, insufficient, unsafe, or unstable \nThe term outdated, insufficient, unsafe, or unstable means a legacy system for which the likelihood of failure creates a risk to air safety or security due to the legacy system's age, ability to be cost-effectively maintained, or any other factors that may compromise the performance or security of the legacy system. Such term includes a legacy system with a risk of a single point of failure or that lacks of sufficient back-up capability in the event of a failure.", "id": "ide7e9c434aff741ba8915bf0e7be504b1", "header": "Audit of legacy systems", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall initiate an audit of all legacy systems to determine their level of operational risk, functionality, security, and compatibility with current and future technology.", "id": "idac880d565a7f4caa81361fc2612c4cd5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scope of audit \nThe audit required by subsection (a)— (1) shall be conducted by an independent third-party contractor or a Federally funded research and development center (FFRDC) selected by the Administrator; (2) shall include an assessment of whether a legacy system is outdated, insufficient, unsafe, or unstable, as defined in subsection (f); and (3) with respect to any legacy systems identified in the audit as outdated, insufficient, unsafe, or unstable, shall include— (A) an analysis of the operational risks associated with using such legacy systems; (B) recommendations for replacement or enhancement of such legacy systems; and (C) an analysis of any potential impact on aviation safety and efficiency.", "id": "id55cfa0862db3497c88b764ae68aab47a", "header": "Scope of audit", "nested": [], "links": [] }, { "text": "(c) Deadline \nNot later than December 31, 2025, the audit required by subsection (a) shall be completed.", "id": "id2b43d676d4384340aed2c8fbb3590ac4", "header": "Deadline", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 180 days after the audit required by subsection (a) is completed, the Administrator shall provide a report to the appropriate committees of Congress on the audit's findings and recommendations, including— (1) an inventory of the legacy systems in use; (2) an assessment of the operational condition of the legacy systems in use; and (3) the average age of in-service legacy systems and, for each legacy system in use, the intended design life of the system, by type.", "id": "id27dd9822880f47099698765297dce399", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems \n(1) In general \nNot later than 120 days after the date on which the Administrator provides the report required by subsection (d), the Administrator shall initiate a plan, in coordination with industry, to accelerate drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required by subsection (a) as outdated, insufficient, unsafe, or unstable. (2) Priorities \nThe Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to air safety and the costs associated with the replacement or enhancement of such legacy systems. (3) Collaboration \nThe Administrator shall work with industry to develop a plan to replace or enhance the identified legacy systems within a reasonable time frame. (4) Progress updates \nThe Administrator shall provide the appropriate committees of Congress with semi-annual updates on the progress made in replacing or enhancing the identified legacy systems.", "id": "id6e12c6f2014f4794839d2f164ae9c908", "header": "Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Industry \nThe term industry means the aviation industry, limited to organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization (ICAO) standards. (2) Legacy systems \nThe term legacy systems means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure owned by the FAA that were deployed prior to the year 2000, including the Notice to Air Missions (NOTAM) system. (3) Outdated, insufficient, unsafe, or unstable \nThe term outdated, insufficient, unsafe, or unstable means a legacy system for which the likelihood of failure creates a risk to air safety or security due to the legacy system's age, ability to be cost-effectively maintained, or any other factors that may compromise the performance or security of the legacy system. Such term includes a legacy system with a risk of a single point of failure or that lacks of sufficient back-up capability in the event of a failure.", "id": "id81e6a49fa01c4f9796c4d48eaf79cf53", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "408. Aeronautical mobile communications services \n(a) Satellite voice communications services \nThe Administrator shall evaluate the addition of satellite voice communication services (referred to in this section as SatVoice ) to the Aeronautical Mobile Communications program (in this section referred to as the AMCS program ) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace. (b) Analysis and implementation procedures \nNot later than 120 days after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and stated implementation procedures for SatVoice instructions over the FAA’s controlled oceanic and remote continental airspace regions. (c) Requirements \nThe analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following: (1) Network and protocol testing and integration with satellite service providers. (2) Operational testing with aircraft to identify and resolve performance issues. (3) Collaboration with the International Civil Aviation Organization in defining Satcom Standards and Recommended Practices (SARPs), which shall include an RCP-130 performance standard as well as SatVoice standards. (4) Training of radio operators on new operation procedures and protocols. (5) A phased implementation plan for incorporating SatVoice services into the AMCS program. (6) The estimated cost of the implementation procedures for relevant stakeholders. (d) HF/VHF minimum equipage \nThe addition of SatVoice capability as an added means of communication in oceanic and remote continental airspace shall in no way affect the current HF/VHF equipage requirement for communications in such airspace. The Administrator shall maintain existing HF/VHF services as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.", "id": "id52f37c9d2b4f4ac581645f999228d6ab", "header": "Aeronautical mobile communications services", "nested": [ { "text": "(a) Satellite voice communications services \nThe Administrator shall evaluate the addition of satellite voice communication services (referred to in this section as SatVoice ) to the Aeronautical Mobile Communications program (in this section referred to as the AMCS program ) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace.", "id": "idabd7443ba93d469aa3bf8b0a7084e785", "header": "Satellite voice communications services", "nested": [], "links": [] }, { "text": "(b) Analysis and implementation procedures \nNot later than 120 days after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and stated implementation procedures for SatVoice instructions over the FAA’s controlled oceanic and remote continental airspace regions.", "id": "idc62d5610840e4071a65625d7798740f3", "header": "Analysis and implementation procedures", "nested": [], "links": [] }, { "text": "(c) Requirements \nThe analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following: (1) Network and protocol testing and integration with satellite service providers. (2) Operational testing with aircraft to identify and resolve performance issues. (3) Collaboration with the International Civil Aviation Organization in defining Satcom Standards and Recommended Practices (SARPs), which shall include an RCP-130 performance standard as well as SatVoice standards. (4) Training of radio operators on new operation procedures and protocols. (5) A phased implementation plan for incorporating SatVoice services into the AMCS program. (6) The estimated cost of the implementation procedures for relevant stakeholders.", "id": "idf3a26134214d4d809dbc1042a2da416a", "header": "Requirements", "nested": [], "links": [] }, { "text": "(d) HF/VHF minimum equipage \nThe addition of SatVoice capability as an added means of communication in oceanic and remote continental airspace shall in no way affect the current HF/VHF equipage requirement for communications in such airspace. The Administrator shall maintain existing HF/VHF services as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.", "id": "id9119f97789dd434faafe0795c91a23fa", "header": "HF/VHF minimum equipage", "nested": [], "links": [] } ], "links": [] }, { "text": "409. Low altitude routes for vertical flight \n(a) Sense of Congress \nIt is the sense of Congress that the national airspace system requires additional rotorcraft, including advanced air mobility aircraft, low-altitude instrument flight rules routes leveraging advances in performance based navigation to operate on direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic. (b) Low-altitude rotorcraft instrument flight routes \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall initiate a rulemaking process to— (A) incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure; (B) prioritize the development of new helicopter area navigation (RNAV) instrument flight rules routes, acting through notice and comment rulemaking, as part of the United States air traffic service route (ATS) structure that utilize performance based navigation, such as Global Positioning System (GPS) and Global Navigation Satellite System (GNSS) equipment. (2) Consultation \nIn carrying out the rulemaking process under paragraph (1), the Administrator shall consult with— (A) stakeholders in the airport, heliport, rotorcraft manufacturer, rotorcraft operator, general aviation operator, commercial air carrier, and performance based navigation technology manufacturer sectors; (B) the United States Helicopter Safety Team; and (C) other stakeholders determined appropriate by the Administrator.", "id": "id2101eacf1564401ea89ff61a375d3bd1", "header": "Low altitude routes for vertical flight", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the national airspace system requires additional rotorcraft, including advanced air mobility aircraft, low-altitude instrument flight rules routes leveraging advances in performance based navigation to operate on direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic.", "id": "id9BFA155E2DB34A1A81535C97651644EE", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Low-altitude rotorcraft instrument flight routes \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall initiate a rulemaking process to— (A) incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure; (B) prioritize the development of new helicopter area navigation (RNAV) instrument flight rules routes, acting through notice and comment rulemaking, as part of the United States air traffic service route (ATS) structure that utilize performance based navigation, such as Global Positioning System (GPS) and Global Navigation Satellite System (GNSS) equipment. (2) Consultation \nIn carrying out the rulemaking process under paragraph (1), the Administrator shall consult with— (A) stakeholders in the airport, heliport, rotorcraft manufacturer, rotorcraft operator, general aviation operator, commercial air carrier, and performance based navigation technology manufacturer sectors; (B) the United States Helicopter Safety Team; and (C) other stakeholders determined appropriate by the Administrator.", "id": "id0DF267F51ABD4697AE452E4373440102", "header": "Low-altitude rotorcraft instrument flight routes", "nested": [], "links": [] } ], "links": [] }, { "text": "410. ADS-B out equipage study; Vehicle-to-Vehicle link program \n(a) Study and briefing on ADS-B out equipage \n(1) Study \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study to determine— (A) the number of aircraft registered in the United States and other devices operating in the airspace of the United States that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment; (B) the requirements for and impact of expanding the dual-link architecture that is used below an altitude of FL180 to any altitude below the current radar floor; (C) the costs and benefits of equipage; and (D) the cost and benefits of any accommodation made for aircraft with inoperable ADS-B out equipment. (2) Annual briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter through 2025, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1), including any updates thereof. (b) Vehicle-to-Vehicle link program \nNot later than 270 days after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance Vehicle-to-Vehicle link programs that— (1) enable the real-time digital exchange of key information between nearby aircraft; and (2) are not reliant on ground infrastructure or air-to-ground communication links.", "id": "id7dda3f55812949b8a1934946bb0a4980", "header": "ADS-B out equipage study; Vehicle-to-Vehicle link program", "nested": [ { "text": "(a) Study and briefing on ADS-B out equipage \n(1) Study \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study to determine— (A) the number of aircraft registered in the United States and other devices operating in the airspace of the United States that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment; (B) the requirements for and impact of expanding the dual-link architecture that is used below an altitude of FL180 to any altitude below the current radar floor; (C) the costs and benefits of equipage; and (D) the cost and benefits of any accommodation made for aircraft with inoperable ADS-B out equipment. (2) Annual briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter through 2025, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1), including any updates thereof.", "id": "id5aeaef43594741ef8a441bb4b3384e61", "header": "Study and briefing on ADS-B out equipage", "nested": [], "links": [] }, { "text": "(b) Vehicle-to-Vehicle link program \nNot later than 270 days after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance Vehicle-to-Vehicle link programs that— (1) enable the real-time digital exchange of key information between nearby aircraft; and (2) are not reliant on ground infrastructure or air-to-ground communication links.", "id": "id073457221fd94f1fb32ca0a571671ef5", "header": "Vehicle-to-Vehicle link program", "nested": [], "links": [] } ], "links": [] }, { "text": "411. Extension of enhanced air traffic services pilot program \nSection 547 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40103 note) is amended— (1) by striking subsection (d) and inserting the following: (d) Definitions \n(1) Certain Next Gen avionics \nThe term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020. (2) Preferential basis \nThe term preferential basis means prioritizing aircraft equipped with certain NextGen avionics by providing them more efficient service, shorter queuing, or priority clearances to the maximum extent possible without reducing overall capacity or safety of the national airspace system. ; and (2) in subsection (e), by striking September 30, 2023 and inserting September 30, 2028.", "id": "idddb0b7419c1744f4834d66163b84a8e6", "header": "Extension of enhanced air traffic services pilot program", "nested": [], "links": [ { "text": "49 U.S.C. 40103", "legal-doc": "usc", "parsable-cite": "usc/49/40103" } ] }, { "text": "412. NextGen equipage plan \n(a) Plan \n(1) In general \nThe Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics in the active commercial and regional fleet of the national airspace system. (2) Contents \nThe plan required under paragraph(1) shall, at a minimum, evaluate and consider recommendations to— (A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage across the active fleet for commercial and regional aircraft; (B) identify any remaining barriers for operators to properly equip with certain NextGen avionics, including any methods to address such barriers; (C) provide for the use of the best methods to highlight and enhance the benefits realizable by operators equipping with certain NextGen avionics; and (D) contain any equipage guidelines and regulations the Administrator deems necessary and appropriate. (3) Consultation \nIn developing the plan under paragraph (1), the Administrator shall consult with representatives from— (A) trade associations representing air carriers; (B) trade associations representing avionics manufacturers; (C) labor organizations representing air traffic controllers; and (D) any other representatives the Administrator determines appropriate. (b) Submission of plan \nNot later than 1 year after the date of enactment of this section, the Administrator shall consider the recommendations under subsection (a) and submit to the appropriate committees of Congress the plan required under subsection (a). (c) Rulemaking \nNot later than 180 days after the date on which the plan required under subsection (a) is submitted to the appropriate committees of Congress under subsection (b), the Administrator shall, if Administrator determined appropriate, initiate a rulemaking proceeding to address one or more of the recommendations contained in the plan. (d) Definition \nIn this section the term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.", "id": "id244ddf27723c4899a8438655ce37c8dd", "header": "NextGen equipage plan", "nested": [ { "text": "(a) Plan \n(1) In general \nThe Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics in the active commercial and regional fleet of the national airspace system. (2) Contents \nThe plan required under paragraph(1) shall, at a minimum, evaluate and consider recommendations to— (A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage across the active fleet for commercial and regional aircraft; (B) identify any remaining barriers for operators to properly equip with certain NextGen avionics, including any methods to address such barriers; (C) provide for the use of the best methods to highlight and enhance the benefits realizable by operators equipping with certain NextGen avionics; and (D) contain any equipage guidelines and regulations the Administrator deems necessary and appropriate. (3) Consultation \nIn developing the plan under paragraph (1), the Administrator shall consult with representatives from— (A) trade associations representing air carriers; (B) trade associations representing avionics manufacturers; (C) labor organizations representing air traffic controllers; and (D) any other representatives the Administrator determines appropriate.", "id": "id1461DB02318A468A9522B7B5299EAB1A", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Submission of plan \nNot later than 1 year after the date of enactment of this section, the Administrator shall consider the recommendations under subsection (a) and submit to the appropriate committees of Congress the plan required under subsection (a).", "id": "id29378268980F43AE880660B17F08B785", "header": "Submission of plan", "nested": [], "links": [] }, { "text": "(c) Rulemaking \nNot later than 180 days after the date on which the plan required under subsection (a) is submitted to the appropriate committees of Congress under subsection (b), the Administrator shall, if Administrator determined appropriate, initiate a rulemaking proceeding to address one or more of the recommendations contained in the plan.", "id": "id17561869347841A28CB04B7532FEF4A7", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(d) Definition \nIn this section the term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.", "id": "idBB3EB8A8E3EF4288BECD4305D17D5278", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "413. Performance based navigation report and utilization plan \n(a) Report on performance based navigation \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall publish on the website of the FAA a progress report on the utilization, implementation, and operational benefits of performance based navigation (in this section referred to as PBN ) procedures of the FAA within the national airspace system. (2) Contents \nThe report shall include, at a minimum, a detailed implementation plan with respect to the recommendations made by— (A) the PBN Clarification Ad Hoc Team, NextGen Advisory Committee (in this section referred to as the NAC ) Task 19-4 Report completed in November 2020; (B) the Final Report of the Major Air Carrier Performance Based Navigation (PBN) Way Forward Workgroup for the FAA’s PBN Clarification Tasking to the NAC dated June 2020; (C) the NAC Subcommittee Update on Opportunities dated June 2020; (D) the Barriers to Established on Required Navigation Performance Procedures dated November 2019; and (E) the FAA Reauthorization Act of 2018, Section 547 Enhanced Air Traffic Services, NAC Task 20-3 Report dated March 2021. (b) Utilization action plan \n180 days after the completion of the report under subsection (a), the Administrator shall, in consultation with representatives of air traffic controllers, develop an action plan to utilize PBN as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system. (c) Briefing \nNot later than 1 year after the development of the action plan under subsection (b), and annually thereafter, the Administrator shall submit to appropriate committees of Congress a report on the implementation of the action plan, including the utilization rate of PBN as a primary means of navigation.", "id": "id636e124a3bc945a09a4406ef4d54f57f", "header": "Performance based navigation report and utilization plan", "nested": [ { "text": "(a) Report on performance based navigation \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall publish on the website of the FAA a progress report on the utilization, implementation, and operational benefits of performance based navigation (in this section referred to as PBN ) procedures of the FAA within the national airspace system. (2) Contents \nThe report shall include, at a minimum, a detailed implementation plan with respect to the recommendations made by— (A) the PBN Clarification Ad Hoc Team, NextGen Advisory Committee (in this section referred to as the NAC ) Task 19-4 Report completed in November 2020; (B) the Final Report of the Major Air Carrier Performance Based Navigation (PBN) Way Forward Workgroup for the FAA’s PBN Clarification Tasking to the NAC dated June 2020; (C) the NAC Subcommittee Update on Opportunities dated June 2020; (D) the Barriers to Established on Required Navigation Performance Procedures dated November 2019; and (E) the FAA Reauthorization Act of 2018, Section 547 Enhanced Air Traffic Services, NAC Task 20-3 Report dated March 2021.", "id": "id9396c3e8781d447baea5af12352061d2", "header": "Report on performance based navigation", "nested": [], "links": [] }, { "text": "(b) Utilization action plan \n180 days after the completion of the report under subsection (a), the Administrator shall, in consultation with representatives of air traffic controllers, develop an action plan to utilize PBN as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system.", "id": "idf213644c689d46a1b26ce068cc69d87e", "header": "Utilization action plan", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 1 year after the development of the action plan under subsection (b), and annually thereafter, the Administrator shall submit to appropriate committees of Congress a report on the implementation of the action plan, including the utilization rate of PBN as a primary means of navigation.", "id": "idb98f864d64de4fdfab57aa0fc6883821", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "414. Air traffic control facility realignment study \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall partner with a third party to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management. (b) Contents \nThe report required by subsection (a) shall do the following: (1) Evaluate the potential efficiencies that may result from a reorganization. (2) Identify whether certain areas prone to congestion or staff shortages would benefit from enhanced flexibilities. (3) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment. (c) Report and briefing \n(1) To the Administrator \nNot later than September 30, 2025, the third party described in subsection (a) shall submit to the Administrator a report on the recommendations described in subsection (b)(3), and a copy of such report shall be transmitted to the labor organization representing air traffic controllers. (2) To Congress \nNot later than 60 days after receiving the recommendations described in subsection (b)(3), the Administrator shall brief the relevant Congressional committees on such recommendations, as well as the Administrator's plan, if any, to implement such recommendations.", "id": "idf296d6e2a83f4a5bb87b2c30db64394f", "header": "Air traffic control facility realignment study", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall partner with a third party to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management.", "id": "idd85ba3d480a9479b851e3b0e575c8c21", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report required by subsection (a) shall do the following: (1) Evaluate the potential efficiencies that may result from a reorganization. (2) Identify whether certain areas prone to congestion or staff shortages would benefit from enhanced flexibilities. (3) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment.", "id": "id7c9944283b274752bfaebf615b653c74", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Report and briefing \n(1) To the Administrator \nNot later than September 30, 2025, the third party described in subsection (a) shall submit to the Administrator a report on the recommendations described in subsection (b)(3), and a copy of such report shall be transmitted to the labor organization representing air traffic controllers. (2) To Congress \nNot later than 60 days after receiving the recommendations described in subsection (b)(3), the Administrator shall brief the relevant Congressional committees on such recommendations, as well as the Administrator's plan, if any, to implement such recommendations.", "id": "id41abea64c9454d9aa8dd56a51325c815", "header": "Report and briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "501. Aviation workforce development grants \n(a) In general \nSection 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce. ; (2) in subsection (b)— (A) in paragraph (1), by striking 2023 each place it appears and inserting 2028 ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph: (2) Additional funding \nIn addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated— (A) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); (B) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); and (C) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3). ; and (D) in paragraph (3), as redesignated by subparagraph (B), by inserting (or, in the case of fiscal years 2024 through 2028, $1,000,000) after $500,000 ; (3) in subsection (c)— (A) in paragraph (1)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), after ( 20 U.S.C. 1001 )) ; (B) in paragraph (2)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), after ( 20 U.S.C. 1001 )) ; and (C) by adding at the end the following new paragraph: (3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, or a credible applicant for such a certificate as determined by the Secretary; (B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); and (C) a State or local governmental entity. ; (4) by striking subsection (d) and inserting the following: (d) Eligible projects \nFor purposes of a program established under subsection (a), an eligible project is a project— (1) to create and deliver a program designed to provide students with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (2) to support the professional development of teachers and other educators implementing a program described in paragraph (1); (3) to establish new educational programs that teach technical skills used by aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including purchasing equipment, or to improve existing such programs; (4) to establish scholarships or registered apprenticeships for individuals pursuing employment as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (5) to support outreach about careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)) to— (A) primary, secondary, and post-secondary school students; or (B) communities underrepresented in the applicable industry; (6) to support educational opportunities in both urban and rural areas; (7) to support transition to careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including for veterans and members of the Armed Forces; or (8) to otherwise enhance or expand the aircraft pilot, aerospace engineer, unmanned aircraft system operator workforces, aviation maintenance technical worker, or aviation manufacturing technical worker workforces. ; (5) in subsection (e) (A) in paragraph (1)— (i) by inserting aviation manufacturers, after repair stations, and (ii) by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) give priority to applicants who partner with, or establish links between, secondary schools and post-secondary schools and who work collaboratively or participate in industry or sector partnerships. ; and (6) by adding at the end the following new subsection: (f) Consultation with the Secretary of Education \nThe Secretary may consult with the Secretary of Education in— (1) developing the design of the grant application under this section; (2) reviewing and selecting applications for grants for eligible projects under this section; and (3) establishing considerations regarding program quality and measurement of student outcomes.. (b) Conforming amendment \nParagraph (4) of section 48105 of title 49, United States Code, is amended by striking 2023 and inserting 2028. (c) National strategic plan for aviation workforce development \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including— (A) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and (B) any situation or condition that warrants special attention by the Federal Government. (2) Requirements \nThe national strategic plan established under paragraph (1) shall— (A) take into account the activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such national strategic plan; and (B) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan.", "id": "id6168b21c62f3472cafd0ae7c37496eb6", "header": "Aviation workforce development grants", "nested": [ { "text": "(a) In general \nSection 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce. ; (2) in subsection (b)— (A) in paragraph (1), by striking 2023 each place it appears and inserting 2028 ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph: (2) Additional funding \nIn addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated— (A) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); (B) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); and (C) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3). ; and (D) in paragraph (3), as redesignated by subparagraph (B), by inserting (or, in the case of fiscal years 2024 through 2028, $1,000,000) after $500,000 ; (3) in subsection (c)— (A) in paragraph (1)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), after ( 20 U.S.C. 1001 )) ; (B) in paragraph (2)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), after ( 20 U.S.C. 1001 )) ; and (C) by adding at the end the following new paragraph: (3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, or a credible applicant for such a certificate as determined by the Secretary; (B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); and (C) a State or local governmental entity. ; (4) by striking subsection (d) and inserting the following: (d) Eligible projects \nFor purposes of a program established under subsection (a), an eligible project is a project— (1) to create and deliver a program designed to provide students with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (2) to support the professional development of teachers and other educators implementing a program described in paragraph (1); (3) to establish new educational programs that teach technical skills used by aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including purchasing equipment, or to improve existing such programs; (4) to establish scholarships or registered apprenticeships for individuals pursuing employment as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (5) to support outreach about careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)) to— (A) primary, secondary, and post-secondary school students; or (B) communities underrepresented in the applicable industry; (6) to support educational opportunities in both urban and rural areas; (7) to support transition to careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including for veterans and members of the Armed Forces; or (8) to otherwise enhance or expand the aircraft pilot, aerospace engineer, unmanned aircraft system operator workforces, aviation maintenance technical worker, or aviation manufacturing technical worker workforces. ; (5) in subsection (e) (A) in paragraph (1)— (i) by inserting aviation manufacturers, after repair stations, and (ii) by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) give priority to applicants who partner with, or establish links between, secondary schools and post-secondary schools and who work collaboratively or participate in industry or sector partnerships. ; and (6) by adding at the end the following new subsection: (f) Consultation with the Secretary of Education \nThe Secretary may consult with the Secretary of Education in— (1) developing the design of the grant application under this section; (2) reviewing and selecting applications for grants for eligible projects under this section; and (3) establishing considerations regarding program quality and measurement of student outcomes..", "id": "idd934e142f26d492195c6e8b1b8b7623a", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(b) Conforming amendment \nParagraph (4) of section 48105 of title 49, United States Code, is amended by striking 2023 and inserting 2028.", "id": "idbc857c7b323c4b10b582a86122df81cb", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) National strategic plan for aviation workforce development \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including— (A) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and (B) any situation or condition that warrants special attention by the Federal Government. (2) Requirements \nThe national strategic plan established under paragraph (1) shall— (A) take into account the activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such national strategic plan; and (B) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan.", "id": "idd7f32cb3fb3f4919ba717d964a732ecc", "header": "National strategic plan for aviation workforce development", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "502. Women in Aviation Advisory Committee \n(a) Establishment \nThere is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the Committee ). (b) Membership \n(1) Composition \n(A) In general \nSubject to subparagraph (C), the Committee shall be composed of up to 16 members appointed by the Secretary, including representatives from the following: (i) Passenger and cargo air carriers operating under part 121 of title 14, Code of Federal Regulations. (ii) Aircraft manufacturers and aerospace companies. (iii) Nonprofit organizations within the aviation industry, including at least 1 State aviation agency. (iv) Airport operators and employees. (v) Aviation business associations. (vi) Engineering business associations. (vii) United States Air Force Auxiliary, Civil Air Patrol. (viii) Institutions of higher education and aviation trade schools. (ix) The Department of Labor. (x) The Department of Education. (xi) Nonprofit labor organizations representing aviation workers, including organizations representing aviation maintenance workers and pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations. (xii) The FAA. (B) Date \nThe appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section. (C) Ex officio members \nThe Secretary shall appoint 1 member from the Office of Civil Rights of the FAA to serve in an ex officio capacity. (2) Subcommittees \nThe Committee may establish subcommittees as the Committee determines appropriate. (3) Chair; subcommittee chairs \nThe Committee— (A) shall select a Chair from among the members of the Committee; and (B) may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate. (4) Term of service \n(A) In general \nEach member of the Committee shall serve until the termination date described in subsection (e). (B) Successors \n(i) Death or resignation \nIf a member of the Committee dies or resigns during their term of service, the Secretary shall designate a successor for the unexpired term of such member. (ii) Expired term \nAny member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary. (5) Administrative support \nThe Secretary shall furnish the Committee logistical and administrative support to enable the Committee to perform its duties. (6) Compensation \nEach member of the Committee shall serve without compensation. (c) Duties \n(1) Advisory role \nThe Committee— (A) shall advise the Secretary and the Administrator on matters related to promoting women in the aviation industry, including education, training, recruitment, retention, and career advancement; (B) shall review and update the recommendations directed to FAA and non-FAA entities produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and recommend how to engage with those entities to improve the implementation of such recommendations; (C) shall coordinate with the Department of Transportation Office of Civil Rights and the FAA's Federal Women's Program to not duplicate the objectives of such program; and (D) shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee. (2) Reports \n(A) Annual report \nNot later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary, and the Administrator a report that contains a detailed statement of the Committee's recommendations under subparagraphs (A) and (B) of paragraph (1), together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate. (B) Additional reports \nThe Committee may submit to Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruiting, retaining, and advancing women in the aviation industry as the Committee determines appropriate. (d) Review of recommendations \nNot later than 60 days after the date on which the Secretary receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates— (1) which recommendations of the Committee that the Secretary has determined the Department of Transportation is able to address and provide an update regarding the implementation of such recommendations on an annual basis; and (2) which such recommendations the Secretary is not able to implement (including any recommendations for legislation) and a rationale for that determination. (e) Sunset \nThe Committee shall terminate on September 30, 2028.", "id": "idBBD43CAF3A7942B683A56082BC7C9AE7", "header": "Women in Aviation Advisory Committee", "nested": [ { "text": "(a) Establishment \nThere is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the Committee ).", "id": "id51C302FEAB5D4C60934B3D47B4FE45E8", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) Composition \n(A) In general \nSubject to subparagraph (C), the Committee shall be composed of up to 16 members appointed by the Secretary, including representatives from the following: (i) Passenger and cargo air carriers operating under part 121 of title 14, Code of Federal Regulations. (ii) Aircraft manufacturers and aerospace companies. (iii) Nonprofit organizations within the aviation industry, including at least 1 State aviation agency. (iv) Airport operators and employees. (v) Aviation business associations. (vi) Engineering business associations. (vii) United States Air Force Auxiliary, Civil Air Patrol. (viii) Institutions of higher education and aviation trade schools. (ix) The Department of Labor. (x) The Department of Education. (xi) Nonprofit labor organizations representing aviation workers, including organizations representing aviation maintenance workers and pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations. (xii) The FAA. (B) Date \nThe appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section. (C) Ex officio members \nThe Secretary shall appoint 1 member from the Office of Civil Rights of the FAA to serve in an ex officio capacity. (2) Subcommittees \nThe Committee may establish subcommittees as the Committee determines appropriate. (3) Chair; subcommittee chairs \nThe Committee— (A) shall select a Chair from among the members of the Committee; and (B) may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate. (4) Term of service \n(A) In general \nEach member of the Committee shall serve until the termination date described in subsection (e). (B) Successors \n(i) Death or resignation \nIf a member of the Committee dies or resigns during their term of service, the Secretary shall designate a successor for the unexpired term of such member. (ii) Expired term \nAny member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary. (5) Administrative support \nThe Secretary shall furnish the Committee logistical and administrative support to enable the Committee to perform its duties. (6) Compensation \nEach member of the Committee shall serve without compensation.", "id": "idA42DDE4BA5C3432AA0261D5823603FAA", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \n(1) Advisory role \nThe Committee— (A) shall advise the Secretary and the Administrator on matters related to promoting women in the aviation industry, including education, training, recruitment, retention, and career advancement; (B) shall review and update the recommendations directed to FAA and non-FAA entities produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and recommend how to engage with those entities to improve the implementation of such recommendations; (C) shall coordinate with the Department of Transportation Office of Civil Rights and the FAA's Federal Women's Program to not duplicate the objectives of such program; and (D) shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee. (2) Reports \n(A) Annual report \nNot later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary, and the Administrator a report that contains a detailed statement of the Committee's recommendations under subparagraphs (A) and (B) of paragraph (1), together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate. (B) Additional reports \nThe Committee may submit to Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruiting, retaining, and advancing women in the aviation industry as the Committee determines appropriate.", "id": "idC2986E530C7E4CD7AA9BD014795CFF7A", "header": "Duties", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "(d) Review of recommendations \nNot later than 60 days after the date on which the Secretary receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates— (1) which recommendations of the Committee that the Secretary has determined the Department of Transportation is able to address and provide an update regarding the implementation of such recommendations on an annual basis; and (2) which such recommendations the Secretary is not able to implement (including any recommendations for legislation) and a rationale for that determination.", "id": "id7CC38A1093984392A634575DE9A7674E", "header": "Review of recommendations", "nested": [], "links": [] }, { "text": "(e) Sunset \nThe Committee shall terminate on September 30, 2028.", "id": "ida3cdf649756346f78dab83648c6fe5df", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "503. Study of high school aviation maintenance training programs \n(a) Study \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Comptroller General shall initiate a study to assess the aviation maintenance technician workforce pipeline in the United States, as well as any barriers for students enrolled in high school aviation maintenance programs with respect to— (A) entering airframe and powerplant mechanic programs; or (B) accessing pathways to mechanic certification. (2) Contents \nThe study required under paragraph (1) shall assess the following: (A) The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs. (B) The extent to which high school aviation maintenance programs offer curricula that align with FAA mechanic airman certification standards. (C) The opportunities afforded to students enrolled in alternative or high school maintenance programs partnered with aviation maintenance technician schools (as described in section 147.15 of title 14, Code of Federal Regulations). (D) Alternate paths to a certificated aviation maintenance technician school for the fulfillment of the experience requirements described in section 65.75(c) of such title 14. (E) Any barriers to entry associated with— (i) developing and attaining the knowledge and experience requirements described in section 65.75 and section 147.31 of such title 14; or (ii) access to the mechanic certification process. (F) The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula that assist with building foundational knowledge and skills necessary to attain FAA mechanic certifications and associated ratings. (G) Any barriers to accessing the general knowledge test described in section 65.71(a)(3) of such title 14. (H) Whether allowing mechanic certificate applicants to take the general knowledge test prior to such applicants meeting the relevant experience requirements would present a safety risk. (I) Whether regulatory changes could reduce any barriers described in this paragraph. (b) Report \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report and briefing on the findings of the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Comptroller General deems appropriate.", "id": "idDC556C982E394607B3F08B588947CF79", "header": "Study of high school aviation maintenance training programs", "nested": [ { "text": "(a) Study \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Comptroller General shall initiate a study to assess the aviation maintenance technician workforce pipeline in the United States, as well as any barriers for students enrolled in high school aviation maintenance programs with respect to— (A) entering airframe and powerplant mechanic programs; or (B) accessing pathways to mechanic certification. (2) Contents \nThe study required under paragraph (1) shall assess the following: (A) The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs. (B) The extent to which high school aviation maintenance programs offer curricula that align with FAA mechanic airman certification standards. (C) The opportunities afforded to students enrolled in alternative or high school maintenance programs partnered with aviation maintenance technician schools (as described in section 147.15 of title 14, Code of Federal Regulations). (D) Alternate paths to a certificated aviation maintenance technician school for the fulfillment of the experience requirements described in section 65.75(c) of such title 14. (E) Any barriers to entry associated with— (i) developing and attaining the knowledge and experience requirements described in section 65.75 and section 147.31 of such title 14; or (ii) access to the mechanic certification process. (F) The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula that assist with building foundational knowledge and skills necessary to attain FAA mechanic certifications and associated ratings. (G) Any barriers to accessing the general knowledge test described in section 65.71(a)(3) of such title 14. (H) Whether allowing mechanic certificate applicants to take the general knowledge test prior to such applicants meeting the relevant experience requirements would present a safety risk. (I) Whether regulatory changes could reduce any barriers described in this paragraph.", "id": "idf1cfe08a8b5c4d149a8b196873d84b1a", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report and briefing on the findings of the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Comptroller General deems appropriate.", "id": "id5d7e9dbd74034ae49d146d7601b814dd", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "504. Military aviation maintenance technicians rule \n(a) Streamlined certification for eligible military maintenance technicians \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, to— (1) create a military mechanic written competency test; and (2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate with airframe or powerplant ratings; and (3) allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the JSAMTCC ) evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a Designated Mechanic Examiner (in this section referred to as a DME ) for eligible military maintenance technicians. (b) Aeronautical knowledge subject areas \n(1) In general \nThe military mechanic written competency test and Airman Certification Standard described in subsection (a) shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards, as appropriate to the rating sought. (2) Identification of subject areas \nThe aeronautical knowledge subject areas shall be identified and recommended to the Administrator, in consultation with industry stakeholders, through the FAA Aviation Rulemaking Advisory Committee Airman Certification System Working Group. (c) Expansion of testing locations \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion. (d) Outreach and awareness \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding— (1) the services made available by the JSAMTCC; and (2) the military mechanic written competency test established under subsection (a). (e) Report \nNot later than 180 days after the date on which the Administrator issues the final rule under subsection (a), the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities carried out under this section, together with recommendations for such legislative or administrative action as the Administrator determines appropriate. (f) Eligible military maintenance technician defined \nFor purposes of this section, the term eligible military maintenance technician means an individual who is a current or former maintenance technician who was honorably discharged or has retired from the United States Armed Forces (as defined in section 101 of title 10, United States Code) and meets the following requirements: (1) The individual presents an official United States Armed Forces record confirming that the individual is or was a military aviation maintenance technician, holding an appropriate Military Occupational Specialty (MOS) Code, as determined by the Administrator, in coordination with the Secretary of Defense. (2) The individual presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.", "id": "id240f2ca0f14d44e4be4c8d48efe7d7ff", "header": "Military aviation maintenance technicians rule", "nested": [ { "text": "(a) Streamlined certification for eligible military maintenance technicians \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, to— (1) create a military mechanic written competency test; and (2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate with airframe or powerplant ratings; and (3) allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the JSAMTCC ) evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a Designated Mechanic Examiner (in this section referred to as a DME ) for eligible military maintenance technicians.", "id": "id8c84cd4669504bc6aae7f5c5ea37eea6", "header": "Streamlined certification for eligible military maintenance technicians", "nested": [], "links": [] }, { "text": "(b) Aeronautical knowledge subject areas \n(1) In general \nThe military mechanic written competency test and Airman Certification Standard described in subsection (a) shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards, as appropriate to the rating sought. (2) Identification of subject areas \nThe aeronautical knowledge subject areas shall be identified and recommended to the Administrator, in consultation with industry stakeholders, through the FAA Aviation Rulemaking Advisory Committee Airman Certification System Working Group.", "id": "id622605c21cf74af3a9911111047684f1", "header": "Aeronautical knowledge subject areas", "nested": [], "links": [] }, { "text": "(c) Expansion of testing locations \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion.", "id": "ide3d6d6b3b48b4d3195a8044b92c50f08", "header": "Expansion of testing locations", "nested": [], "links": [] }, { "text": "(d) Outreach and awareness \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding— (1) the services made available by the JSAMTCC; and (2) the military mechanic written competency test established under subsection (a).", "id": "ide6aee74143334c2fb29ef2a3323cdf44", "header": "Outreach and awareness", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than 180 days after the date on which the Administrator issues the final rule under subsection (a), the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities carried out under this section, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "id2aa9ce7a92e6406985141ace69d2590b", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Eligible military maintenance technician defined \nFor purposes of this section, the term eligible military maintenance technician means an individual who is a current or former maintenance technician who was honorably discharged or has retired from the United States Armed Forces (as defined in section 101 of title 10, United States Code) and meets the following requirements: (1) The individual presents an official United States Armed Forces record confirming that the individual is or was a military aviation maintenance technician, holding an appropriate Military Occupational Specialty (MOS) Code, as determined by the Administrator, in coordination with the Secretary of Defense. (2) The individual presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.", "id": "id411cf607cb3e4f3bb43f5c55e1a383bb", "header": "Eligible military maintenance technician defined", "nested": [], "links": [] } ], "links": [] }, { "text": "505. Prohibition of remote dispatching \n(a) Amendments to prohibition \n(1) In general \nSection 44711(a) of title 49, United States Code, is amended— (A) in paragraph (9), by striking or after the semicolon; (B) by redesignating paragraph (10) as paragraph (11); and (C) by inserting after paragraph (9) the following new paragraph: (10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier; or. (2) Regulations \nNot later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations requiring persons and air carriers to comply with paragraph (10) of section 44711(a) of title 49, United States Code (as added by paragraph (1)). (3) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this section, without regard to whether the regulations required by paragraph (2) have been promulgated as of that date. (b) Aircraft dispatching \n(1) In general \nChapter 447 of title 49, United States Code, as amended by section 304(a), is amended by adding at the end the following new section: 44746. Aircraft dispatching \n(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times. (b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center. (c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.. (2) Clerical amendment \nThe analysis for chapter 447 of such title, as amended by section 304(b), is amended by inserting after the item relating to section 44744 the following: 44746. Aircraft dispatching..", "id": "id79ad309931ac4042bdbd5aeba881f93c", "header": "Prohibition of remote dispatching", "nested": [ { "text": "(a) Amendments to prohibition \n(1) In general \nSection 44711(a) of title 49, United States Code, is amended— (A) in paragraph (9), by striking or after the semicolon; (B) by redesignating paragraph (10) as paragraph (11); and (C) by inserting after paragraph (9) the following new paragraph: (10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier; or. (2) Regulations \nNot later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations requiring persons and air carriers to comply with paragraph (10) of section 44711(a) of title 49, United States Code (as added by paragraph (1)). (3) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this section, without regard to whether the regulations required by paragraph (2) have been promulgated as of that date.", "id": "id4bf5995e7dba450888f25233f5e06e71", "header": "Amendments to prohibition", "nested": [], "links": [] }, { "text": "(b) Aircraft dispatching \n(1) In general \nChapter 447 of title 49, United States Code, as amended by section 304(a), is amended by adding at the end the following new section: 44746. Aircraft dispatching \n(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times. (b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center. (c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.. (2) Clerical amendment \nThe analysis for chapter 447 of such title, as amended by section 304(b), is amended by inserting after the item relating to section 44744 the following: 44746. Aircraft dispatching..", "id": "ida13e13f4707c40f08ca81cfca4eb2bad", "header": "Aircraft dispatching", "nested": [], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] } ], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] }, { "text": "44746. Aircraft dispatching \n(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times. (b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center. (c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.", "id": "id010AF66359BA4FDC836BD993451BE600", "header": "Aircraft dispatching", "nested": [ { "text": "(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times.", "id": "id0A2D2737B0D24C40B50E5850F4C30D55", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center.", "id": "idac1cfb08298d4a6a97e55b66f56f30f0", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.", "id": "id0855c79839bd43d8af373dd55a4a115f", "header": "Prohibition", "nested": [], "links": [] } ], "links": [] }, { "text": "506. Employee assault prevention and response plan standards and best practices \n(a) Sense of Congress \nIt is the sense of Congress that: (1) Each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall submit to the Administrator an Employee Assault Prevention and Response Plan pursuant to section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note). (2) Each such air carrier should have in place and deploy an Employee Assault Prevention and Response Plan to facilitate appropriate protocols, standards, and training to equip employees with best practices and the experience necessary to respond effectively to hostile situations and disruptive behavior and maintain a safe traveling experience. (b) Required briefing \nSection 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) is amended by adding at the end the following new subsection: (f) Briefing to Congress \nNot later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section..", "id": "idB6911A340262455A84B5E5FF75F057DE", "header": "Employee assault prevention and response plan standards and best practices", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that: (1) Each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall submit to the Administrator an Employee Assault Prevention and Response Plan pursuant to section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note). (2) Each such air carrier should have in place and deploy an Employee Assault Prevention and Response Plan to facilitate appropriate protocols, standards, and training to equip employees with best practices and the experience necessary to respond effectively to hostile situations and disruptive behavior and maintain a safe traveling experience.", "id": "id565c10dfa9b2489c94b3aabf8857159a", "header": "Sense of Congress", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "(b) Required briefing \nSection 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) is amended by adding at the end the following new subsection: (f) Briefing to Congress \nNot later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section..", "id": "id69d37d245c2c4b31a07754b2249ca393", "header": "Required briefing", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] } ], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "507. Crewmember self-defense training \nSection 44918(a) of title 49, United States Code, is amended— (1) in paragraph (1), by inserting and unruly passenger behavior before the period at the end; (2) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) Recognize suspicious behavior and activities and determine the seriousness of any occurrence. ; (B) in subparagraph (D), by inserting , including training to defend against the use of edged or contact weapons before the period at the end; (C) by striking subparagraph (H) and inserting the following: (H) De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee. ; (D) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and (E) by inserting after subparagraph (H) the following: (I) Methods to subdue and restrain an active attacker. ; (3) by striking paragraph (4) and inserting the following: (4) Minimum standards \nNot later than 180 days after the date of enactment of the FAA Reauthorization Act of 2023, the Administrator of the Transportation Security Administration, in consultation with the Federal Air Marshal Service and the Aviation Security Advisory Committee, shall establish minimum standards for— (A) the training provided under this subsection and for recurrent training; and (B) the individuals or entities providing such training. ; (4) in paragraph (6)— (A) in the first sentence— (i) by inserting and the Federal Air Marshal Service after consultation with the Administrator ; (ii) by striking and periodically shall and inserting and shall periodically ; and (iii) by inserting based on changes in the potential or actual threat conditions before the period at the end; and (B) in the second sentence, by inserting , including self-defense training expertise and experience before the period at the end; and (5) by adding at the end the following: (8) Air carrier accommodation \nAn air carrier with a crew member participating in the training program under this subsection shall provide a process through which each such crew member may obtain reasonable accommodations..", "id": "id468bba0d16514f9fa3501ef7f1fee3b1", "header": "Crewmember self-defense training", "nested": [], "links": [] }, { "text": "508. Improving apron safety \n(a) Study and report on engine ingestion zone and jet blast zone accidents \n(1) Study \nThe Administrator shall conduct a study on ways to minimize or eliminate engine ingestion zone and jet blast zone accidents, including through— (A) improving markings on the apron to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport; (B) incorporating markings on aircraft to indicate the engine inlet danger zone, using hazard warning stripes, decals, or other measures; (C) limiting ground service personnel access to an aircraft until the engines of the aircraft are no longer running, the beacon on top of the aircraft has been turned off, the individual blades of the engine fan can be observed, and there is a notification from the flight deck crew confirming the engines are off (including the time for cool down, particularly for engines with low ground clearance); (D) improving aircraft engine design to prevent or minimize engine ingestion, such as the use of stationary inlet guide vanes or engine guarding; (E) improving the use of or requirements for Auxiliary Power Units (APUs) or electrical systems maintenance or incorporating changes to other systems or apron operation procedures to eliminate or minimize the length of time an aircraft engine runs (or be permitted to run) while the aircraft is at the gate or stopped on the ground; and (F) improving communication devices and requirements for operable radios and headsets. (2) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislative or administrative action as determined appropriate by the Administrator. (b) Improved training \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator may, as appropriate, develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews (including supervisory employees) that includes information on— (A) the specific dangers and consequences of entering engine ingestion or jet blast zones; (B) proper protocols to avoid entering an engine ingestion or jet blast zone; and (C) on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter. (2) Training regulations \nNot later than 180 days after the publication of the training and related educational materials described in paragraph (1), the Administrator may promulgate regulations to require any new, transferred, or current (as of the date of enactment of this section) employee of the FAA to receive the relevant engine ingestion and jet blast zone hazard training before such employee may perform work on the apron.", "id": "id14bb90be02de4728ba6b7c2eadd5579d", "header": "Improving apron safety", "nested": [ { "text": "(a) Study and report on engine ingestion zone and jet blast zone accidents \n(1) Study \nThe Administrator shall conduct a study on ways to minimize or eliminate engine ingestion zone and jet blast zone accidents, including through— (A) improving markings on the apron to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport; (B) incorporating markings on aircraft to indicate the engine inlet danger zone, using hazard warning stripes, decals, or other measures; (C) limiting ground service personnel access to an aircraft until the engines of the aircraft are no longer running, the beacon on top of the aircraft has been turned off, the individual blades of the engine fan can be observed, and there is a notification from the flight deck crew confirming the engines are off (including the time for cool down, particularly for engines with low ground clearance); (D) improving aircraft engine design to prevent or minimize engine ingestion, such as the use of stationary inlet guide vanes or engine guarding; (E) improving the use of or requirements for Auxiliary Power Units (APUs) or electrical systems maintenance or incorporating changes to other systems or apron operation procedures to eliminate or minimize the length of time an aircraft engine runs (or be permitted to run) while the aircraft is at the gate or stopped on the ground; and (F) improving communication devices and requirements for operable radios and headsets. (2) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislative or administrative action as determined appropriate by the Administrator.", "id": "id78bc3692a5d34d33b62cd528d31469bb", "header": "Study and report on engine ingestion zone and jet blast zone accidents", "nested": [], "links": [] }, { "text": "(b) Improved training \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator may, as appropriate, develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews (including supervisory employees) that includes information on— (A) the specific dangers and consequences of entering engine ingestion or jet blast zones; (B) proper protocols to avoid entering an engine ingestion or jet blast zone; and (C) on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter. (2) Training regulations \nNot later than 180 days after the publication of the training and related educational materials described in paragraph (1), the Administrator may promulgate regulations to require any new, transferred, or current (as of the date of enactment of this section) employee of the FAA to receive the relevant engine ingestion and jet blast zone hazard training before such employee may perform work on the apron.", "id": "ida4279e78e04446e8b3f1304ba446f7a5", "header": "Improved training", "nested": [], "links": [] } ], "links": [] }, { "text": "509. Aviation Medical Innovation and Modernization Working Group \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall establish the Aviation Medical Innovation and Modernization Working Group (in this section referred to as the Working Group ) and appoint members of the Working Group in accordance with subsection (b). (b) Membership \n(1) Number \nThe members of the Working Group shall not exceed 20 individuals. (2) Composition \n(A) Federal Air Surgeon \nThe Federal Air Surgeon shall be a member of the Working Group and shall be the Chair of the Working Group. (B) Senior Aviation Medical Examiners \nIn addition to the Federal Air Surgeon, at least 8 members of the Working Group shall be individuals who are Senior Aviation Medical Examiners. (C) Other members \nIn addition to the Federal Air Surgeon and the members appointed under subparagraph (B), the remaining members shall be licensed medical physicians with substantial expertise in— (i) aerospace medicine; (ii) psychological medicine; (iii) neurological medicine; (iv) cardiovascular medicine; or (v) internal medicine. (D) Preference in appointments \nThe Administrator shall give preference to appointing members of the Working Group who are Aviation Medical Examiners or licensed medical physicians who have demonstrated research and expertise in aviation medical issues. (E) Use of subgroups \nThe Working Group Administrator may use subgroups to develop the recommendations under subsection (c). (c) Recommendations \nThe Working Group shall develop a report that includes recommendations with respect to the following areas: (1) Evaluation of the conditions an Aviation Medical Examiner can issue (CACI). (2) Improvements and reforms to the Special Issuance process, including whether, after initial medical certification by the FAA, renewals can be based on a medical evaluation and treatment plan by a pilot’s treating medical specialist with concurrence from the pilot’s Aviation Medical Examiner. (3) Development of an online medical portal administered by the FAA that— (A) adheres to cybersecurity protections and protocols; (B) authorizes Aviation Medical Examiners, pilots, or their designee, to securely share medical records; (C) provides timely updates for a pilot’s medical application and improves return to flying timelines; (D) provides pilots with the ability to submit additional information requested from the FAA; (E) includes the method to contact the reviewing office; and (F) such other requirements as the Working Group may recommend. (4) The use of technologies to address forms of red-green color blindness for pilots. (5) Improvements to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder protocols. (6) Improvements to neurology protocols, specifically, stroke, head injury, and known loss of consciousness. (7) Improvements to FAA mental health protocols, including, but not limited to, mental health conditions such as depression and anxiety, the use of medications for treating mental health conditions, and neurocognitive testing rules and applicability. (d) Report \nNot later than 1 year after the date on which the Working Group is established— (1) the Working Group shall submit the report developed in accordance with subsection (c) to the Administrator, along with recommendations for such legislation and administrative action as the Working Group determines appropriate; and (2) the Administrator shall submit such report and recommendations to the appropriate committees of Congress. (e) Actions by the Administrator \nThe Administrator may take such action as the Administrator determines appropriate to implement the recommendations in the report under submitted under subsection (d). (f) Exemption from the Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Working Group. (g) Sunset \nThe Working Group shall terminate on the date on which the Working Group submits the report required by subsection (d).", "id": "idf4da62dc97bc410baa16d9afc8663ae8", "header": "Aviation Medical Innovation and Modernization Working Group", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall establish the Aviation Medical Innovation and Modernization Working Group (in this section referred to as the Working Group ) and appoint members of the Working Group in accordance with subsection (b).", "id": "ide81942a827f8496f8dd8b63a1a0b8b9b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) Number \nThe members of the Working Group shall not exceed 20 individuals. (2) Composition \n(A) Federal Air Surgeon \nThe Federal Air Surgeon shall be a member of the Working Group and shall be the Chair of the Working Group. (B) Senior Aviation Medical Examiners \nIn addition to the Federal Air Surgeon, at least 8 members of the Working Group shall be individuals who are Senior Aviation Medical Examiners. (C) Other members \nIn addition to the Federal Air Surgeon and the members appointed under subparagraph (B), the remaining members shall be licensed medical physicians with substantial expertise in— (i) aerospace medicine; (ii) psychological medicine; (iii) neurological medicine; (iv) cardiovascular medicine; or (v) internal medicine. (D) Preference in appointments \nThe Administrator shall give preference to appointing members of the Working Group who are Aviation Medical Examiners or licensed medical physicians who have demonstrated research and expertise in aviation medical issues. (E) Use of subgroups \nThe Working Group Administrator may use subgroups to develop the recommendations under subsection (c).", "id": "id578e4ec23ed04850a7e042c9cc323308", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Recommendations \nThe Working Group shall develop a report that includes recommendations with respect to the following areas: (1) Evaluation of the conditions an Aviation Medical Examiner can issue (CACI). (2) Improvements and reforms to the Special Issuance process, including whether, after initial medical certification by the FAA, renewals can be based on a medical evaluation and treatment plan by a pilot’s treating medical specialist with concurrence from the pilot’s Aviation Medical Examiner. (3) Development of an online medical portal administered by the FAA that— (A) adheres to cybersecurity protections and protocols; (B) authorizes Aviation Medical Examiners, pilots, or their designee, to securely share medical records; (C) provides timely updates for a pilot’s medical application and improves return to flying timelines; (D) provides pilots with the ability to submit additional information requested from the FAA; (E) includes the method to contact the reviewing office; and (F) such other requirements as the Working Group may recommend. (4) The use of technologies to address forms of red-green color blindness for pilots. (5) Improvements to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder protocols. (6) Improvements to neurology protocols, specifically, stroke, head injury, and known loss of consciousness. (7) Improvements to FAA mental health protocols, including, but not limited to, mental health conditions such as depression and anxiety, the use of medications for treating mental health conditions, and neurocognitive testing rules and applicability.", "id": "id20d5aeb4db534a76bcc24a7d025aa174", "header": "Recommendations", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 1 year after the date on which the Working Group is established— (1) the Working Group shall submit the report developed in accordance with subsection (c) to the Administrator, along with recommendations for such legislation and administrative action as the Working Group determines appropriate; and (2) the Administrator shall submit such report and recommendations to the appropriate committees of Congress.", "id": "id3d556ac7391d4884af43795a76472b55", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Actions by the Administrator \nThe Administrator may take such action as the Administrator determines appropriate to implement the recommendations in the report under submitted under subsection (d).", "id": "id085503baff394176a0f7f79339a87d55", "header": "Actions by the Administrator", "nested": [], "links": [] }, { "text": "(f) Exemption from the Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Working Group.", "id": "id74695925c4fd450198d557cfe6174b9b", "header": "Exemption from the Federal Advisory Committee Act", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(g) Sunset \nThe Working Group shall terminate on the date on which the Working Group submits the report required by subsection (d).", "id": "id800dbce2fd90490fa6b6ce0c7db12087", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "510. Airman Certification Standards \n(a) In general \nThe Administrator shall use the Aviation Rulemaking Advisory Committee Airman Certification System Working Group (in this section referred to as the Working Group ) to obtain industry recommendations on maintaining and updating Airman Certification Standards. (b) Duties \nIn carrying out its activities, the Working Group shall— (1) ensure that testing remains correlated and corresponds to current regulations, procedures, equipment, aviation infrastructure, and safety trends; (2) work with industry to solicit recommendations on airman certification and testing, including new, and revisions to existing, Airman Certification Standards guidance documents and airman tests; and (3) ensure other tasks carried out by the Working Group are addressed and completed in a timely and efficient manner.", "id": "id1f4b891bb1f94f549ed59697cd2dc33f", "header": "Airman Certification Standards", "nested": [ { "text": "(a) In general \nThe Administrator shall use the Aviation Rulemaking Advisory Committee Airman Certification System Working Group (in this section referred to as the Working Group ) to obtain industry recommendations on maintaining and updating Airman Certification Standards.", "id": "idc9679dfd4552400a81e22fb8558a1e7b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duties \nIn carrying out its activities, the Working Group shall— (1) ensure that testing remains correlated and corresponds to current regulations, procedures, equipment, aviation infrastructure, and safety trends; (2) work with industry to solicit recommendations on airman certification and testing, including new, and revisions to existing, Airman Certification Standards guidance documents and airman tests; and (3) ensure other tasks carried out by the Working Group are addressed and completed in a timely and efficient manner.", "id": "idde5a65ebcb804aaf88e1490bf9484263", "header": "Duties", "nested": [], "links": [] } ], "links": [] }, { "text": "521. Air traffic control staffing standards \n(a) FAA air traffic control staffing standards \nThe Administrator shall complete the requirements of subsection (b) and implement revisions to the FAA Certified Professional Controller (in this section referred to as CPC ) operational staffing targets, in consultation with appropriate stakeholders including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code, by September 30, 2024. (b) National Academy of Sciences study \n(1) Study \nNot later than 30 days after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a study of the methodology used by the Collaborative Resource Workgroup (in this subsection referred to as CRWG ) to determine CPC operational staffing targets needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (2) Contents \nThe study required by paragraph (1) shall include the following elements: (A) A review of similarities and discrepancies between methodologies used to develop the CRWG CPC operational staffing targets and the staffing targets developed by the FAA as reflected by the staffing standards used in the 2023 Controller Workforce Plan. (B) An examination of the discrepancies between the CRWG CPC staffing targets and the FAA-developed CPC staffing standards used in the 2023 Controller Workforce Plan that contribute to a significant divergence in operational staffing headcounts (including with respect to CPCs, CPCs-in-training at new facilities, and trainees), CPC staffing targets, and staffing needs for air traffic controllers between fiscal year 2027 and fiscal year 2032 to ensure the safe and efficient operation of the national airspace system. (C) An evaluation of— (i) air traffic in the airspace of each air traffic control facility operated by the FAA; (ii) air traffic controller position utilization; (iii) attrition rates at each air traffic control facility operated by the FAA; and (iv) the time needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (D) For each air traffic control facility operated by the FAA, a description of— (i) the current CPC staffing levels; (ii) the operational staffing targets for CPCs; (iii) the anticipated CPC attrition for each of the next 3 years; and (iv) the number of CPC trainees. (E) An examination of the FAA’s current and estimated budgets and funding needed to implement the CRWG CPC operational staffing targets and needs in comparison to such funding needed to implement the staffing standards developed by the FAA as reflected in the 2023 Controller Workforce Plan. (F) An analysis of the recommendations included in Transportation Research Board Special Report 314, titled The Federal Aviation Administration’s Approach for Determining Future Air Traffic Controller Staffing Needs that have not yet been addressed or implemented by the Administrator. (G) Recommendations for further action by the Administrator, as appropriate, to— (i) address operational staffing requirements to meet facility operational, statutory, and contractual requirements; and (ii) provide fulsome air traffic controller staffing to ensure the safe and efficient operation of the national airspace system, including the integration of new users, technologies, and procedures. (3) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with— (A) Federal Government and industry representatives; (B) the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (C) other parties determined appropriate by the National Academies. (4) Reports \n(A) To the Administrator \nNot later than 180 days after the date of enactment of this section, the National Academies shall submit to the Administrator a report on the results of the study required by paragraph (1), together with recommendations determined appropriate by the National Academies. (B) To Congress \nNot later than 180 days after the date on which the National Academies submits the report under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing— (i) the results of the study required by paragraph (1); (ii) the report submitted by the National Academies, including the recommendations of the National Academies; and (iii) the Administrator's implementation action required by subsection (a). (c) Revisions to the controller workforce plan \nSection 44506(e) of title 49, United States Code is amended— (1) in paragraph (1)— (A) by inserting Collaborative Resource Workgroup (CRWG) before staffing standards ; and (B) by striking the number of air traffic controllers needed and inserting the number of fully certified air traffic controllers needed ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by adding after paragraph (1) the following new paragraph: (2) for each air traffic control facility operated by the Federal Aviation Administration— (A) the current certified professional controller staffing levels; (B) the Collaborative Resource Workgroup (CRWG) operational staffing targets for certified professional controllers; (C) the anticipated certified professional controller attrition for each of the next 3 years; and (D) the number of certified professional controller trainees;. (d) Effective date \nThe amendments made by subsection (c) shall take effect and apply to any reports submitted pursuant to section 44506(e) of title 49, United States Code, for each Controller Workforce Plan submitted after September 30, 2024.", "id": "id2f092cae81f9491b85c6cfc9c1ae0820", "header": "Air traffic control staffing standards", "nested": [ { "text": "(a) FAA air traffic control staffing standards \nThe Administrator shall complete the requirements of subsection (b) and implement revisions to the FAA Certified Professional Controller (in this section referred to as CPC ) operational staffing targets, in consultation with appropriate stakeholders including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code, by September 30, 2024.", "id": "id95f1c88e87174fe9a74d85486d737d02", "header": "FAA air traffic control staffing standards", "nested": [], "links": [] }, { "text": "(b) National Academy of Sciences study \n(1) Study \nNot later than 30 days after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a study of the methodology used by the Collaborative Resource Workgroup (in this subsection referred to as CRWG ) to determine CPC operational staffing targets needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (2) Contents \nThe study required by paragraph (1) shall include the following elements: (A) A review of similarities and discrepancies between methodologies used to develop the CRWG CPC operational staffing targets and the staffing targets developed by the FAA as reflected by the staffing standards used in the 2023 Controller Workforce Plan. (B) An examination of the discrepancies between the CRWG CPC staffing targets and the FAA-developed CPC staffing standards used in the 2023 Controller Workforce Plan that contribute to a significant divergence in operational staffing headcounts (including with respect to CPCs, CPCs-in-training at new facilities, and trainees), CPC staffing targets, and staffing needs for air traffic controllers between fiscal year 2027 and fiscal year 2032 to ensure the safe and efficient operation of the national airspace system. (C) An evaluation of— (i) air traffic in the airspace of each air traffic control facility operated by the FAA; (ii) air traffic controller position utilization; (iii) attrition rates at each air traffic control facility operated by the FAA; and (iv) the time needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (D) For each air traffic control facility operated by the FAA, a description of— (i) the current CPC staffing levels; (ii) the operational staffing targets for CPCs; (iii) the anticipated CPC attrition for each of the next 3 years; and (iv) the number of CPC trainees. (E) An examination of the FAA’s current and estimated budgets and funding needed to implement the CRWG CPC operational staffing targets and needs in comparison to such funding needed to implement the staffing standards developed by the FAA as reflected in the 2023 Controller Workforce Plan. (F) An analysis of the recommendations included in Transportation Research Board Special Report 314, titled The Federal Aviation Administration’s Approach for Determining Future Air Traffic Controller Staffing Needs that have not yet been addressed or implemented by the Administrator. (G) Recommendations for further action by the Administrator, as appropriate, to— (i) address operational staffing requirements to meet facility operational, statutory, and contractual requirements; and (ii) provide fulsome air traffic controller staffing to ensure the safe and efficient operation of the national airspace system, including the integration of new users, technologies, and procedures. (3) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with— (A) Federal Government and industry representatives; (B) the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (C) other parties determined appropriate by the National Academies. (4) Reports \n(A) To the Administrator \nNot later than 180 days after the date of enactment of this section, the National Academies shall submit to the Administrator a report on the results of the study required by paragraph (1), together with recommendations determined appropriate by the National Academies. (B) To Congress \nNot later than 180 days after the date on which the National Academies submits the report under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing— (i) the results of the study required by paragraph (1); (ii) the report submitted by the National Academies, including the recommendations of the National Academies; and (iii) the Administrator's implementation action required by subsection (a).", "id": "id49fecd0bc1c44ce79e4a4fd02ede77fe", "header": "National Academy of Sciences study", "nested": [], "links": [] }, { "text": "(c) Revisions to the controller workforce plan \nSection 44506(e) of title 49, United States Code is amended— (1) in paragraph (1)— (A) by inserting Collaborative Resource Workgroup (CRWG) before staffing standards ; and (B) by striking the number of air traffic controllers needed and inserting the number of fully certified air traffic controllers needed ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by adding after paragraph (1) the following new paragraph: (2) for each air traffic control facility operated by the Federal Aviation Administration— (A) the current certified professional controller staffing levels; (B) the Collaborative Resource Workgroup (CRWG) operational staffing targets for certified professional controllers; (C) the anticipated certified professional controller attrition for each of the next 3 years; and (D) the number of certified professional controller trainees;.", "id": "id95f6761ab8314063be66850fdc7e11d9", "header": "Revisions to the controller workforce plan", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by subsection (c) shall take effect and apply to any reports submitted pursuant to section 44506(e) of title 49, United States Code, for each Controller Workforce Plan submitted after September 30, 2024.", "id": "id1c00f77e4adb4a968cc05eb8c3c227ee", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "522. FAA Workforce review audit \n(a) In general \nNot later than 90 days after the date of enactment of this section, the Inspector General of the Department of Transportation shall initiate an audit of any FAA workforce plans related to aviation safety completed during the past 5 fiscal years. (b) Contents \nIn conducting the audit under subsection (a), the Inspector General shall— (1) identify whether any safety-critical positions have not been reviewed within the timeframe specified in subsection (a); (2) review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the latest fiscal year; (3) review whether existing FAA workforce development programs are producing intended results, such as increased recruitment and retention of agency personnel; and (4) evaluate the extent to which the FAA leverages its direct hire authority to recruit subject matter experts and other technical personnel to fill key senior and technical positions. (c) Report and recommendations \n(1) Inspector General report \nNot later than 1 year after the date of enactment of this section, the Inspector General shall submit to the Administrator and the appropriate committees of Congress a report on the results of the audit conducted under subsection (a), together with recommendations for such legislative and administrative action as the Inspector General determines appropriate. (2) Congressional briefing \nNot later than 90 days after receiving the report under paragraph (1), the Administrator shall provide a briefing to appropriate committees of Congress on— (A) the Administrator’s response to the recommendations of the Inspector General contained in such report; and (B) any plans of the Administrator for the implementation of such recommendations.", "id": "id5d2f9355dbf945019e8304755dfbe1f3", "header": "FAA Workforce review audit", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of enactment of this section, the Inspector General of the Department of Transportation shall initiate an audit of any FAA workforce plans related to aviation safety completed during the past 5 fiscal years.", "id": "id186b01a172a449a1b4950dd4aac3e869", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nIn conducting the audit under subsection (a), the Inspector General shall— (1) identify whether any safety-critical positions have not been reviewed within the timeframe specified in subsection (a); (2) review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the latest fiscal year; (3) review whether existing FAA workforce development programs are producing intended results, such as increased recruitment and retention of agency personnel; and (4) evaluate the extent to which the FAA leverages its direct hire authority to recruit subject matter experts and other technical personnel to fill key senior and technical positions.", "id": "id6dfe86c58cbd4c48a7b2dd628126046b", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Report and recommendations \n(1) Inspector General report \nNot later than 1 year after the date of enactment of this section, the Inspector General shall submit to the Administrator and the appropriate committees of Congress a report on the results of the audit conducted under subsection (a), together with recommendations for such legislative and administrative action as the Inspector General determines appropriate. (2) Congressional briefing \nNot later than 90 days after receiving the report under paragraph (1), the Administrator shall provide a briefing to appropriate committees of Congress on— (A) the Administrator’s response to the recommendations of the Inspector General contained in such report; and (B) any plans of the Administrator for the implementation of such recommendations.", "id": "id98169f60a6404ab58e191df04b200be5", "header": "Report and recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "523. Direct hire authority utilization \n(a) In general \nSection 40122 of title 49, United States Code, is amended by adding at the end the following: (k) Direct hire authority \nThe Administrator of the Federal Aviation Administration shall utilize existing direct hire authority to expedite the hiring process and hire individuals on a non-competitive basis for safety critical and safety technical positions related to aircraft certification and aviation safety more broadly to maintain the gold standard of aviation safety and, as necessary, fulfill any gaps identified in workforce reviews at the Federal Aviation Administration.. (b) Congressional briefing \nNot later than 180 days after the date of enactment of this section, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the status of— (1) utilization of the direct hire authority described subsection (k) of such section 40122, as added subsection (a); and (2) the number of employees hired under such authority, the relevant line of business to which such employees were hired, and the occupation type of the positions filled.", "id": "idc1789e47af4046d58447e7b0be10a140", "header": "Direct hire authority utilization", "nested": [ { "text": "(a) In general \nSection 40122 of title 49, United States Code, is amended by adding at the end the following: (k) Direct hire authority \nThe Administrator of the Federal Aviation Administration shall utilize existing direct hire authority to expedite the hiring process and hire individuals on a non-competitive basis for safety critical and safety technical positions related to aircraft certification and aviation safety more broadly to maintain the gold standard of aviation safety and, as necessary, fulfill any gaps identified in workforce reviews at the Federal Aviation Administration..", "id": "ide3cdcd221f8748358ad840e920be389a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Congressional briefing \nNot later than 180 days after the date of enactment of this section, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the status of— (1) utilization of the direct hire authority described subsection (k) of such section 40122, as added subsection (a); and (2) the number of employees hired under such authority, the relevant line of business to which such employees were hired, and the occupation type of the positions filled.", "id": "id70d39fe943964c68ab9d01ac786b41c7", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "524. Staffing model for aviation safety inspectors \n(a) In general \nNot later than October 1, 2024, the Administrator shall review and revise as necessary the staffing model for aviation safety inspectors. (b) Requirements \n(1) Consideration of prior studies and reports \nIn revising the model, the Administrator shall take into consideration the recommendations outlined in the following: (A) The 2006 report released by the National Research Council entitled Staffing Standards for Aviation Safety Inspectors. (B) The 2007 study released by the National Academy of Sciences entitled Staffing Standards for Aviation Safety Inspectors. (C) The 2013 report released by Grant Thornton LLP, entitled ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report. (D) The 2021 report released by the Inspector General of the Department of Transportation entitled FAA Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities. (E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note). (2) Service and Office staffing level \nThe model will project staffing at the service and office level and require managers to use the model as part of the resource assessment for aviation safety inspector resources. (3) Attrition \nThe aviation safety inspector staffing model will take into consideration forecasted attrition. (4) Consultation \nIn revising the model, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.", "id": "iddc1a505ae1e74e59bfe3af7139e722b2", "header": "Staffing model for aviation safety inspectors", "nested": [ { "text": "(a) In general \nNot later than October 1, 2024, the Administrator shall review and revise as necessary the staffing model for aviation safety inspectors.", "id": "id14e879721ee24d1582fc7c940e857d7a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \n(1) Consideration of prior studies and reports \nIn revising the model, the Administrator shall take into consideration the recommendations outlined in the following: (A) The 2006 report released by the National Research Council entitled Staffing Standards for Aviation Safety Inspectors. (B) The 2007 study released by the National Academy of Sciences entitled Staffing Standards for Aviation Safety Inspectors. (C) The 2013 report released by Grant Thornton LLP, entitled ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report. (D) The 2021 report released by the Inspector General of the Department of Transportation entitled FAA Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities. (E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note). (2) Service and Office staffing level \nThe model will project staffing at the service and office level and require managers to use the model as part of the resource assessment for aviation safety inspector resources. (3) Attrition \nThe aviation safety inspector staffing model will take into consideration forecasted attrition. (4) Consultation \nIn revising the model, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.", "id": "idc5be5b0cf945466681cbd01a142b8440", "header": "Requirements", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] } ], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "525. Safety critical staffing \n(a) Implementation of staffing standards for safety inspectors \nUpon completion of the revised staffing model for aviation safety inspectors under section 524, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that such model determines are required to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service per fiscal year as appropriate, provided that such staffing increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2023. Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations. (b) Safety critical positions defined \nIn this section, the term safety critical positions means— (1) aviation safety inspectors, aviation safety specialists (1801 series), aviation safety technicians, and operations support positions in the Flight Standards Service; and (2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 series), safety technical specialists, and operational support positions in the Aircraft Certification Service.", "id": "id92388A478F364DE9AF09BD7FFBE4508A", "header": "Safety critical staffing", "nested": [ { "text": "(a) Implementation of staffing standards for safety inspectors \nUpon completion of the revised staffing model for aviation safety inspectors under section 524, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that such model determines are required to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service per fiscal year as appropriate, provided that such staffing increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2023. Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.", "id": "idab3e4e81c6a44876a4338fbc3505ed4f", "header": "Implementation of staffing standards for safety inspectors", "nested": [], "links": [] }, { "text": "(b) Safety critical positions defined \nIn this section, the term safety critical positions means— (1) aviation safety inspectors, aviation safety specialists (1801 series), aviation safety technicians, and operations support positions in the Flight Standards Service; and (2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 series), safety technical specialists, and operational support positions in the Aircraft Certification Service.", "id": "id99973a66a7694dc78b617307e958413d", "header": "Safety critical positions defined", "nested": [], "links": [] } ], "links": [] }, { "text": "526. Instrument landing system installation \n(a) In general \nSection 44502(a)(4) of title 49, United States Code, is amended by adding at the end the following: (C) Installation \nThe Administrator shall expedite the installation of at a minimum 15 instrument landing systems (referred to in this subparagraph as ILS ) in the national airspace system by January 1, 2025, by utilizing the existing ILS contract vehicle and the Federal Aviation Administration workforce.. (b) Expedited installation of ILS equipment \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall initiate action to utilize the existing instrument landing systems (referred to in this subsection as ILS ) contract vehicle and FAA employees in facilitating the expedited installation of ILS equipment into the national airspace system. In carrying out this subsection, the Administrator shall— (A) incorporate lessons learned from the installations under section 44502(a)(4) of title 49, United States Code; (B) record metrics of cost and time savings of expedited installations; and (C) consider opportunities to further develop ILS technical expertise among the FAA workforce. (2) Considerations \nDuring the implementation planning to carry out this subsection and subparagraph (C) of section 44502(a)(4) of title 49, United States Code, as added by subsection (a), the Administrator shall consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the FAA workforce, or both, to accelerate the installation and deployment of procured equipment. (3) Report to congress \nNot later than June 30, 2025, the Administrator shall report to the appropriate committees of Congress on the ILS installation results, near-term ILS installations planned, and shall outline the FAA’s approach to accelerate future procurement and installation of ILS throughout the national airspace system in a manner consistent with the requirements of title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ).", "id": "id8B4C8D6419F64B1CB6EE34335E860F1F", "header": "Instrument landing system installation", "nested": [ { "text": "(a) In general \nSection 44502(a)(4) of title 49, United States Code, is amended by adding at the end the following: (C) Installation \nThe Administrator shall expedite the installation of at a minimum 15 instrument landing systems (referred to in this subparagraph as ILS ) in the national airspace system by January 1, 2025, by utilizing the existing ILS contract vehicle and the Federal Aviation Administration workforce..", "id": "id99246048e43a40e8b4d1c2d99da8a44f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Expedited installation of ILS equipment \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall initiate action to utilize the existing instrument landing systems (referred to in this subsection as ILS ) contract vehicle and FAA employees in facilitating the expedited installation of ILS equipment into the national airspace system. In carrying out this subsection, the Administrator shall— (A) incorporate lessons learned from the installations under section 44502(a)(4) of title 49, United States Code; (B) record metrics of cost and time savings of expedited installations; and (C) consider opportunities to further develop ILS technical expertise among the FAA workforce. (2) Considerations \nDuring the implementation planning to carry out this subsection and subparagraph (C) of section 44502(a)(4) of title 49, United States Code, as added by subsection (a), the Administrator shall consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the FAA workforce, or both, to accelerate the installation and deployment of procured equipment. (3) Report to congress \nNot later than June 30, 2025, the Administrator shall report to the appropriate committees of Congress on the ILS installation results, near-term ILS installations planned, and shall outline the FAA’s approach to accelerate future procurement and installation of ILS throughout the national airspace system in a manner consistent with the requirements of title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ).", "id": "id61e1c645e62d4a82af896940ef108738", "header": "Expedited installation of ILS equipment", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] } ], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "527. Aviation Certification Fellowship Program \n(a) Program \n(1) Establishment \n(A) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall establish within the FAA a program to be known as the Aviation Certification Professional Fellowship Program (in this section referred to as the Program ) to facilitate the assignment of individuals from a private-sector organization to the FAA to serve on a temporary basis in positions relating to aircraft certification. (B) Appointments \nIn appointing individuals under the Program, the Administrator shall enter into agreements with private-sector organizations employing such individuals and selected individuals to participate in the Program pursuant to terms and conditions of service determined appropriate by the Administrator. (C) Actions subject to availability of funds \nAny action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (e). (2) Responsibilities \n(A) Guidelines \nThe Administrator shall establish guidelines related to the activities and responsibilities of the fellowships under subsection (b). (B) Qualifications \nThe Administrator shall prescribe the qualifications required for designation of certification professional fellowships under subsection (b). (C) Authority \nIn order to carry out the provisions of this section, the Administrator may— (i) appoint, assign the duties of, and transfer such personnel as may be necessary; (ii) make appointments with respect to temporary and intermittent services; (iii) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States Code; (iv) accept funds from other Federal departments and agencies to pay for, and add to, activities authorized by this section; and (v) promulgate such rules and regulations as may be necessary and appropriate. (b) Special rules for fellowships \nUnder the Program, the Administrator shall do the following: (1) Appoint highly qualified, experienced professionals to advisory positions related to certification that require specialized, unique, or extensive skills in occupations within the FAA, and allow such professionals to occupy specialty or hard-to-fill positions that require specialized knowledge of aircraft design, manufacturing, safety, and certification processes. (2) Allow appointed individuals to be utilized across the aircraft certification spectrum as appropriate. (3) Open the fellowships to citizens and nationals of the United States. (4) Limit the term of appointment to up to 1 year with an option to extend for up to an additional year (with no appointment exceeded a total of 2 years). (5) Reserve the right to terminate individuals participating in the fellowship for any violation of the terms and conditions of service established by the Administrator. (6) Make clear that any responsibilities of individuals participating in the fellowship program constitute acting in an advisory role for aircraft certification and are subject to conflict-of-interest conditions and FAA supervision and control. (c) Rules for pay and benefits for individuals employed by private-sector organizations \nAn individual employed by a private-sector organization who is participating in the Program at the FAA shall continue to receive pay and benefits from such private-sector organizations and shall not receive pay or benefits from the FAA for the duration of the individual's participation in the Program. (d) Conflicts of interest \nThe Administrator shall implement policies to identify, mitigate, and manage any perceived or actual conflict of interest as a condition of an individual’s participation in the Program. Such policies shall include the following: (1) A prohibition on an individual participating in the Program from being assigned to a position that has decision-making authority or influence over an application or project submitted to the FAA by the private-sector organization employing such individual. (2) A requirement that an individual participating in the Program who has access to proprietary or non-public information at the FAA must sign a non-disclosure agreement prohibiting the sharing of such information that is of commercial value with the private-sector organization employing such individual or with other individuals (whether or not employed by such private-sector organization) or organizations, during the period of the individual’s participation in the Program and after the individual's participation in the Program has concluded. (3) A prohibition on an individual participating in the Program from improperly using pre-decisional or draft FAA information that such individual may be privy to or aware of during, or as a result of, the individual's participation in the Program for the benefit of the private-sector organization employing such individual, (4) Appropriate post-service limitations for individuals participating in the Program. (5) Other elements determined appropriate by the Administrator. (e) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended. (f) Rule of construction \nNothing in this section shall be construed as a delegation of authority by the Administrator to individuals participating in the Program. (g) Program review and report \n(1) Review \nThe Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a comprehensive review of the Program, including the impact of the Program on the FAA’s aircraft certification processes and the presence of any conflicts of interest under the Program. (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (h) Sunset \nThe Program shall terminate on the date that is 5 years after the date of enactment of this section. (i) Certified professional defined \nIn this section, the term certification professional means an individual with expertise and background in a line or field that is concerned with, or likely to improve, the safety certification of aircraft and other airborne objects and systems, including the following: (1) Aerospace engineering. (2) Aerospace physiology. (3) Aeronautical engineering. (4) Airworthiness engineering. (5) Electrical engineering. (6) Human factors engineering. (7) Software engineering. (8) Systems engineering.", "id": "id0c3faa80a6b646b7910cb87cb7f8fb92", "header": "Aviation Certification Fellowship Program", "nested": [ { "text": "(a) Program \n(1) Establishment \n(A) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall establish within the FAA a program to be known as the Aviation Certification Professional Fellowship Program (in this section referred to as the Program ) to facilitate the assignment of individuals from a private-sector organization to the FAA to serve on a temporary basis in positions relating to aircraft certification. (B) Appointments \nIn appointing individuals under the Program, the Administrator shall enter into agreements with private-sector organizations employing such individuals and selected individuals to participate in the Program pursuant to terms and conditions of service determined appropriate by the Administrator. (C) Actions subject to availability of funds \nAny action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (e). (2) Responsibilities \n(A) Guidelines \nThe Administrator shall establish guidelines related to the activities and responsibilities of the fellowships under subsection (b). (B) Qualifications \nThe Administrator shall prescribe the qualifications required for designation of certification professional fellowships under subsection (b). (C) Authority \nIn order to carry out the provisions of this section, the Administrator may— (i) appoint, assign the duties of, and transfer such personnel as may be necessary; (ii) make appointments with respect to temporary and intermittent services; (iii) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States Code; (iv) accept funds from other Federal departments and agencies to pay for, and add to, activities authorized by this section; and (v) promulgate such rules and regulations as may be necessary and appropriate.", "id": "id9b866f41466c4f03b2a5c896115185c9", "header": "Program", "nested": [], "links": [] }, { "text": "(b) Special rules for fellowships \nUnder the Program, the Administrator shall do the following: (1) Appoint highly qualified, experienced professionals to advisory positions related to certification that require specialized, unique, or extensive skills in occupations within the FAA, and allow such professionals to occupy specialty or hard-to-fill positions that require specialized knowledge of aircraft design, manufacturing, safety, and certification processes. (2) Allow appointed individuals to be utilized across the aircraft certification spectrum as appropriate. (3) Open the fellowships to citizens and nationals of the United States. (4) Limit the term of appointment to up to 1 year with an option to extend for up to an additional year (with no appointment exceeded a total of 2 years). (5) Reserve the right to terminate individuals participating in the fellowship for any violation of the terms and conditions of service established by the Administrator. (6) Make clear that any responsibilities of individuals participating in the fellowship program constitute acting in an advisory role for aircraft certification and are subject to conflict-of-interest conditions and FAA supervision and control.", "id": "id7f51937453f04faf9fdc8c97a58cf5db", "header": "Special rules for fellowships", "nested": [], "links": [] }, { "text": "(c) Rules for pay and benefits for individuals employed by private-sector organizations \nAn individual employed by a private-sector organization who is participating in the Program at the FAA shall continue to receive pay and benefits from such private-sector organizations and shall not receive pay or benefits from the FAA for the duration of the individual's participation in the Program.", "id": "id9141ba6d3ff44efda90e3bf6c0098c2f", "header": "Rules for pay and benefits for individuals employed by private-sector organizations", "nested": [], "links": [] }, { "text": "(d) Conflicts of interest \nThe Administrator shall implement policies to identify, mitigate, and manage any perceived or actual conflict of interest as a condition of an individual’s participation in the Program. Such policies shall include the following: (1) A prohibition on an individual participating in the Program from being assigned to a position that has decision-making authority or influence over an application or project submitted to the FAA by the private-sector organization employing such individual. (2) A requirement that an individual participating in the Program who has access to proprietary or non-public information at the FAA must sign a non-disclosure agreement prohibiting the sharing of such information that is of commercial value with the private-sector organization employing such individual or with other individuals (whether or not employed by such private-sector organization) or organizations, during the period of the individual’s participation in the Program and after the individual's participation in the Program has concluded. (3) A prohibition on an individual participating in the Program from improperly using pre-decisional or draft FAA information that such individual may be privy to or aware of during, or as a result of, the individual's participation in the Program for the benefit of the private-sector organization employing such individual, (4) Appropriate post-service limitations for individuals participating in the Program. (5) Other elements determined appropriate by the Administrator.", "id": "id470beadd1db4470c86eda0c962cacaf1", "header": "Conflicts of interest", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended.", "id": "id851c8c192960400a90d1b86d2dbc96ff", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(f) Rule of construction \nNothing in this section shall be construed as a delegation of authority by the Administrator to individuals participating in the Program.", "id": "id08404d155283470cbf8cb832f6b45d0b", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(g) Program review and report \n(1) Review \nThe Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a comprehensive review of the Program, including the impact of the Program on the FAA’s aircraft certification processes and the presence of any conflicts of interest under the Program. (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "idf267447578514b27946d3f7d22ceaac2", "header": "Program review and report", "nested": [], "links": [] }, { "text": "(h) Sunset \nThe Program shall terminate on the date that is 5 years after the date of enactment of this section.", "id": "id270e192346da4a9ca138da2073c45fc9", "header": "Sunset", "nested": [], "links": [] }, { "text": "(i) Certified professional defined \nIn this section, the term certification professional means an individual with expertise and background in a line or field that is concerned with, or likely to improve, the safety certification of aircraft and other airborne objects and systems, including the following: (1) Aerospace engineering. (2) Aerospace physiology. (3) Aeronautical engineering. (4) Airworthiness engineering. (5) Electrical engineering. (6) Human factors engineering. (7) Software engineering. (8) Systems engineering.", "id": "idff5db270fe684a579b34a766b0858705", "header": "Certified professional defined", "nested": [], "links": [] } ], "links": [] }, { "text": "528. Contract Tower Program air traffic controller training programs \nSection 47124 of title 49, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d), the following new subsection: (e) Air traffic controller training programs \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Secretary shall coordinate with air traffic control contractors to create air traffic controller training programs and shall incorporate the use of such programs into new contracts or the exercise of future options entered into under the Contract Tower Program and the Cost-share Program. Such programs shall allow air traffic control contractors to— (A) provide initial training to candidates who do not have a Control Tower Operator certificate or Federal Aviation Administration tower credential; and (B) provide training to controllers who have completed an approved Air Traffic Collegiate Training Initiative (AT-CTI) program from an accredited school that has a demonstrated successful curriculum. (2) Authority \nAn air traffic control contractor shall be permitted to train controllers under programs established under paragraph (1) notwithstanding section 65.39(a) of title 14, Code of Federal Regulations (as in effect on the date of enactment of this subsection). (3) Rule of construction \nNothing in this subsection shall be construed as a delegation of authority by the Administrator to air traffic control contractors for the purposes of conducting initial testing of, and issuing initial certifications to, air traffic controllers. (4) Program review \n(A) In general \nNot later than 3 years after the incorporation of training programs operated by air traffic control contractors under the Contract Tower Program and the Cost-share Program, the Secretary shall conduct a review of such training programs and issue relevant findings. In conducting the review, the Secretary shall identify the degree to which such programs improve workforce development at air traffic control tower facilities staffed through the Contract Tower Program or the Cost-share Program, air traffic control towers staffed by the Federal Aviation Administration, and any related impact such training may have on air traffic controller staffing more broadly. (B) Report \nNot later than 1 year after the date on which the Secretary initiates the review required by subparagraph (A), the Secretary shall submit a report to the appropriate committees of Congress on the results of the review, along with such recommendations as the Secretary determines appropriate. (5) Definitions \nIn this subsection, the term demonstrated successful curriculum means an AT-CTI program curriculum with a demonstrated record of graduated students that have enrolled at the FAA Academy and subsequently completed Certified Tower Operator certificates at an 80 percent success rate for a consecutive period of 5 years. (6) Sunset \nThe provisions of this subsection shall terminate on September 30, 2028. ; and (3) in subsection (f) (as redesignated by paragraph (1)), by adding at the end the following: (3) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives..", "id": "id3c1e366ea9b84d699b124ced5111cd06", "header": "Contract Tower Program air traffic controller training programs", "nested": [], "links": [] }, { "text": "529. Review of FAA and industry cooperative familiarization programs \n(a) Review \nNot later than 270 days after the date of enactment of this section, the Administrator shall complete a review of options for employees of the FAA whose responsibilities directly relate to certification, to gain or enhance technical expertise, knowledge, skills, and abilities, including subject matter relating to innovative and complex aviation technologies, through cooperative training and visitation with aerospace companies. (b) Conflicts of interest \nIn conducting the review in subsection (a), the Administrator shall ensure that such options for FAA employees would occur on a short-term basis and avoid both conflicts of interest and the appearance of such conflicts pursuant to chapter 131 of title 5, United States Code, chapter 11 of title 18, United States Code, subchapter B of chapter XVI of title 5, Code of Federal Regulations, sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations, and any other regulations as deemed appropriate by the Administrator. The Administrator shall also identify any conflicts with FAA policies relating to FAA employee interactions with industry and determine appropriate obligations of such employees upon returning to the FAA after engaging in relevant cooperative training and visitation. (c) Considerations \nAs part of the review required by subsection (a), the Administrator shall consider the following, provided that such actions satisfy conflicts of interest requirements referred to in subsection (b): (1) Expanding existing familiarization programs. (2) Leveraging cooperative training programs to support credentialing and recurrent training activities for FAA employees. (3) Evaluating the options described in subsection (a) based on the level of experience of participating FAA employees and intended benefits related to such participation. (d) Report \nNot later than 90 days after completing the review required by subsection (a), the Administrator shall submit a report to the appropriate committees of Congress on the results of the review and relevant recommendations.", "id": "id35e3c03f5c594ac78e78d1724413e4d4", "header": "Review of FAA and industry cooperative familiarization programs", "nested": [ { "text": "(a) Review \nNot later than 270 days after the date of enactment of this section, the Administrator shall complete a review of options for employees of the FAA whose responsibilities directly relate to certification, to gain or enhance technical expertise, knowledge, skills, and abilities, including subject matter relating to innovative and complex aviation technologies, through cooperative training and visitation with aerospace companies.", "id": "id1e78536004054c5bb8aa0f9d48133077", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Conflicts of interest \nIn conducting the review in subsection (a), the Administrator shall ensure that such options for FAA employees would occur on a short-term basis and avoid both conflicts of interest and the appearance of such conflicts pursuant to chapter 131 of title 5, United States Code, chapter 11 of title 18, United States Code, subchapter B of chapter XVI of title 5, Code of Federal Regulations, sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations, and any other regulations as deemed appropriate by the Administrator. The Administrator shall also identify any conflicts with FAA policies relating to FAA employee interactions with industry and determine appropriate obligations of such employees upon returning to the FAA after engaging in relevant cooperative training and visitation.", "id": "idc9cdf1358361436588497baa54a7658b", "header": "Conflicts of interest", "nested": [], "links": [ { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] }, { "text": "(c) Considerations \nAs part of the review required by subsection (a), the Administrator shall consider the following, provided that such actions satisfy conflicts of interest requirements referred to in subsection (b): (1) Expanding existing familiarization programs. (2) Leveraging cooperative training programs to support credentialing and recurrent training activities for FAA employees. (3) Evaluating the options described in subsection (a) based on the level of experience of participating FAA employees and intended benefits related to such participation.", "id": "idab2bc266e2324424a9c060d817ec7666", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 90 days after completing the review required by subsection (a), the Administrator shall submit a report to the appropriate committees of Congress on the results of the review and relevant recommendations.", "id": "id2dd5621ee2514356ba1f8e8fe5b42670", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] }, { "text": "530. Improved access to air traffic control simulation training \n(a) Access \nThe Administrator shall make tower simulator systems (in this section referred to as TSS ) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA (in this section referred to as an ATCT ), regardless of facility assignment, by carrying out the following: (1) Cloud-based visual database and software system \nNot later than 30 months after the date of enactment of this section, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that includes, at a minimum— (A) every ATCT’s unique runway layout, approach paths, and lines of sight; and (B) specifications that meet all applicable data security requirements. (2) Upgrading TSS \nNot later than 2 years after the date of enactment of this section, the Administrator shall upgrade existing, permanent TSS so that the TSS is capable of, at a minimum— (A) securely and quickly downloading data from the cloud-based visual database and software system implemented under paragraph (1); (B) running scenarios for each ATCT involving differing levels of air traffic volume; and (C) running scenarios for each ATCT involving varying complexities of air traffic (including, but not limited to, aircraft emergencies, rapidly changing weather, issuance of safety alerts, and recovering from unforeseen events or losses of separation). (3) Mobile TSS \nNot later than 4 years after the date of enactment of this section, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the functions described in subparagraphs (A), (B), and (C) of paragraph (2). (b) Collaboration \nIn carrying out the activities under subsection (a), the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.", "id": "id32a6cdd17e77458b8a321343b9bc75e1", "header": "Improved access to air traffic control simulation training", "nested": [ { "text": "(a) Access \nThe Administrator shall make tower simulator systems (in this section referred to as TSS ) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA (in this section referred to as an ATCT ), regardless of facility assignment, by carrying out the following: (1) Cloud-based visual database and software system \nNot later than 30 months after the date of enactment of this section, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that includes, at a minimum— (A) every ATCT’s unique runway layout, approach paths, and lines of sight; and (B) specifications that meet all applicable data security requirements. (2) Upgrading TSS \nNot later than 2 years after the date of enactment of this section, the Administrator shall upgrade existing, permanent TSS so that the TSS is capable of, at a minimum— (A) securely and quickly downloading data from the cloud-based visual database and software system implemented under paragraph (1); (B) running scenarios for each ATCT involving differing levels of air traffic volume; and (C) running scenarios for each ATCT involving varying complexities of air traffic (including, but not limited to, aircraft emergencies, rapidly changing weather, issuance of safety alerts, and recovering from unforeseen events or losses of separation). (3) Mobile TSS \nNot later than 4 years after the date of enactment of this section, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the functions described in subparagraphs (A), (B), and (C) of paragraph (2).", "id": "idea67c284e77046eca99380bd5202047f", "header": "Access", "nested": [], "links": [] }, { "text": "(b) Collaboration \nIn carrying out the activities under subsection (a), the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.", "id": "idf76e2f6dda9b4899b48e06c2fe432ff4", "header": "Collaboration", "nested": [], "links": [] } ], "links": [] }, { "text": "531. Air Traffic Controller Instructor Pipeline \n(a) In general \nNo later than 270 days after the date of enactment of this section, the Administrator shall initiate a study examining the pipeline of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over the 5-fiscal year period beginning with fiscal year 2024. (b) Contents \nThe study required by subsection (a) shall include the following: (1) An examination of projected instructor staffing targets, including the number of on-the-job instructors needed for the instruction and training of Certified Professional Controllers in Training (CPC-Its). (2) Whether involving further retired Certified Professional Controllers (CPCs) as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training. (3) Recommendations on how and where to utilize retired certified professional controllers. (4) The effect on the ability of active Certified Professional Controllers (CPCs) to carry out on-the-job duties, other than instruction, and any related efficiencies if more retired Certified Professional Controllers (CPCs) were instructors. (5) The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, where requiring Certified Professional Controllers (CPCs) to provide instruction and training to Certified Professional Controllers in Training (CPC-Its) is a significant burden on FAA air traffic controller staffing levels. (c) Deadline \nNot later than 2 years after the date on which the Administrator initiates the study required by subsection (a), the Administrator shall brief the appropriate committees of Congress on the results on the study and any actions that may be taken based on such results.", "id": "idC9C58A447E7E467FB246EEEFA51F0E9B", "header": "Air Traffic Controller Instructor Pipeline", "nested": [ { "text": "(a) In general \nNo later than 270 days after the date of enactment of this section, the Administrator shall initiate a study examining the pipeline of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over the 5-fiscal year period beginning with fiscal year 2024.", "id": "ida3f1842bb147428fbc352c2dfbedc99f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe study required by subsection (a) shall include the following: (1) An examination of projected instructor staffing targets, including the number of on-the-job instructors needed for the instruction and training of Certified Professional Controllers in Training (CPC-Its). (2) Whether involving further retired Certified Professional Controllers (CPCs) as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training. (3) Recommendations on how and where to utilize retired certified professional controllers. (4) The effect on the ability of active Certified Professional Controllers (CPCs) to carry out on-the-job duties, other than instruction, and any related efficiencies if more retired Certified Professional Controllers (CPCs) were instructors. (5) The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, where requiring Certified Professional Controllers (CPCs) to provide instruction and training to Certified Professional Controllers in Training (CPC-Its) is a significant burden on FAA air traffic controller staffing levels.", "id": "id2ad95b03400f48a5afad0b2581ed628f", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Deadline \nNot later than 2 years after the date on which the Administrator initiates the study required by subsection (a), the Administrator shall brief the appropriate committees of Congress on the results on the study and any actions that may be taken based on such results.", "id": "id0f0de1a82e3a4e5d99293eb2767c21fa", "header": "Deadline", "nested": [], "links": [] } ], "links": [] }, { "text": "532. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes \n(a) Review of the air traffic skills assessment \nNot later than 180 days after the date of enactment of this section, the Administrator shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the AT–SA ) administered to air traffic controller applicants described in clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements: (1) The Administrator shall evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce pipeline. (2) The Administrator shall assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment. (3) The Administrator shall assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce pipeline. (b) DOT Inspector General report \nNot later than 180 days after the date on which the Administrator completes the review and any necessary revision of the AT–SA required under subsection (a), the Inspector General of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress, and, upon request, to any member of Congress, a report that assesses the reviewed AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any recommended actions to be taken to address the results of the report.", "id": "idE57FD338F3B74D69B1DF0B01E454EA18", "header": "Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes", "nested": [ { "text": "(a) Review of the air traffic skills assessment \nNot later than 180 days after the date of enactment of this section, the Administrator shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the AT–SA ) administered to air traffic controller applicants described in clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements: (1) The Administrator shall evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce pipeline. (2) The Administrator shall assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment. (3) The Administrator shall assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce pipeline.", "id": "idD3E5710A24124404974058A8952B2C1F", "header": "Review of the air traffic skills assessment", "nested": [], "links": [] }, { "text": "(b) DOT Inspector General report \nNot later than 180 days after the date on which the Administrator completes the review and any necessary revision of the AT–SA required under subsection (a), the Inspector General of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress, and, upon request, to any member of Congress, a report that assesses the reviewed AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any recommended actions to be taken to address the results of the report.", "id": "id2345dc3332454858bcf315b5c736b3f0", "header": "DOT Inspector General report", "nested": [], "links": [] } ], "links": [] }, { "text": "533. Federal aviation administration academy and facility expansion plan \n(a) Plan \n(1) In general \nNo later than 90 days after the date of enactment of this section, the Administrator shall initiate the development of a plan to— (A) expand overall FAA capacity relating to facilities, instruction, equipment, and training resources to grow the number of developmental air traffic controllers enrolled per fiscal year and support increases in FAA air controller staffing to advance the safety of the national airspace system; and (B) establish a second FAA Academy in an area described in paragraph (2). (2) Area described \nAn area described in this paragraph is a metropolitan statistical area in which each of the following is located: (A) At least 2 large hub airports. (B) An FAA Flight Standards District Office (C) An FAA Certificate Management Office. (D) An FAA regional headquarters. (3) Considerations \nIn developing the plan under paragraph (1), the Administrator shall consider— (A) the resources needed to support an increase in the total number of developmental air traffic controllers enrolled at the FAA Academies; (B) the resources needed to lessen FAA Academy attrition per fiscal year; (C) how to modernize the education and training of developmental air traffic controllers, including through the use of new techniques and technologies to support instruction, and whether field training can be administered more flexibly, such as at other FAA locations across the country; (D) the equipment needed to support expanded instruction, including air traffic control simulation systems, virtual reality, and other virtual training platforms; (E) projected staffing needs associated with FAA Academy expansion and the operation of virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers; (F) the use of existing FAA-owned facilities and classroom space and identifying potential opportunities for new construction; (G) the costs of— (i) expanding FAA capacity (as described in paragraph (1)(A)); and (ii) establishing a second FAA Academy (as described in paragraph (1)(B)); (H) soliciting input from, and coordinating with, relevant stakeholders as appropriate, including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (I) other logistical and financial considerations as determined by appropriate the Administrator. (b) Report \nNot later than one year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a). (c) Briefing \nNot later than 180 days after the submission of the plan under subsection (b), the Administrator shall brief the appropriate committees of Congress on the plan, including the implementation of the plan.", "id": "idf671a92aec774206bddb6115bbd0a532", "header": "Federal aviation administration academy and facility expansion plan", "nested": [ { "text": "(a) Plan \n(1) In general \nNo later than 90 days after the date of enactment of this section, the Administrator shall initiate the development of a plan to— (A) expand overall FAA capacity relating to facilities, instruction, equipment, and training resources to grow the number of developmental air traffic controllers enrolled per fiscal year and support increases in FAA air controller staffing to advance the safety of the national airspace system; and (B) establish a second FAA Academy in an area described in paragraph (2). (2) Area described \nAn area described in this paragraph is a metropolitan statistical area in which each of the following is located: (A) At least 2 large hub airports. (B) An FAA Flight Standards District Office (C) An FAA Certificate Management Office. (D) An FAA regional headquarters. (3) Considerations \nIn developing the plan under paragraph (1), the Administrator shall consider— (A) the resources needed to support an increase in the total number of developmental air traffic controllers enrolled at the FAA Academies; (B) the resources needed to lessen FAA Academy attrition per fiscal year; (C) how to modernize the education and training of developmental air traffic controllers, including through the use of new techniques and technologies to support instruction, and whether field training can be administered more flexibly, such as at other FAA locations across the country; (D) the equipment needed to support expanded instruction, including air traffic control simulation systems, virtual reality, and other virtual training platforms; (E) projected staffing needs associated with FAA Academy expansion and the operation of virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers; (F) the use of existing FAA-owned facilities and classroom space and identifying potential opportunities for new construction; (G) the costs of— (i) expanding FAA capacity (as described in paragraph (1)(A)); and (ii) establishing a second FAA Academy (as described in paragraph (1)(B)); (H) soliciting input from, and coordinating with, relevant stakeholders as appropriate, including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (I) other logistical and financial considerations as determined by appropriate the Administrator.", "id": "idb5574ec609c1450194622db576762fbb", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a).", "id": "idfada289f79824c76ac9d07b706890dfd", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 180 days after the submission of the plan under subsection (b), the Administrator shall brief the appropriate committees of Congress on the plan, including the implementation of the plan.", "id": "id7a7538c3e91d4d72bdb3c4686aa3f964", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "601. AIP eligibility amendments \nSection 47102(3) of title 49, United States Code, is amended— (1) in subparagraph (B)— (A) in clause (ix), by striking and after the semicolon; (B) in clause (x), by striking the period and inserting ; and ; and (C) by adding at the end the following: (xi) a medium intensity approach lighting system with runway alignment indicator lights. ; (2) by redesignating subparagraphs (Q) and (R) as subparagraphs (S) and (T), respectively; (3) by redesignating subparagraphs (M) through (P) as subparagraphs (N) through (Q), respectively; (4) by inserting after subparagraph (L) the following: (M) constructing or acquiring airport-owned infrastructure or equipment, notwithstanding revenue producing capability, as defined in subsection (24), required for the on-airport distribution or storage of unleaded aviation gas for use by piston-driven aircraft, including on-airport construction or expansion of pipelines, storage tanks, low-emission fuel systems, and airport-owned and operated fuel trucks providing exclusively unleaded aviation fuels, unless the Secretary determines that an alternative fuel may be safely used for a limited time. ; (5) by inserting after subparagraph (Q) (as redesignated by paragraph (3)), the following: (R) acquiring or installing new renewable energy generation infrastructure (such as solar, geothermal, or wind) that provide power for on-airport uses and energy storage systems, and necessary substation upgrades to support such infrastructure. ; and (6) by inserting after subparagraph (T) (as redesignated by paragraph (2)), the following: (U) initial acquisition (and excluding subsequent upgrades) of an advanced digital construction management system (meaning a computer platform that uses digital technology throughout the life cycle of a capital infrastructure project, including through project phases such as design and construction, when that system is acquired to carry out a project approved by the Secretary under this subchapter. (V) reconstructing or rehabilitating an existing crosswind runway provided the sponsor includes reconstruction or rehabilitation of the runway in the sponsor’s most recent approved airport layout plan..", "id": "idF8D9D7B613AB4029903AFDF3A804A666", "header": "AIP eligibility amendments", "nested": [], "links": [] }, { "text": "602. Revised minimum apportionments \nSection 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following: (K) Minimum apportionment for commercial service airports with more than 4,000 passenger boardings in a calendar year \nNot less than $400,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 8,000 passenger boardings, but at least 4,000 passenger boardings, during the prior calendar year..", "id": "id177afa33378b48c4a511ee50d6e820e4", "header": "Revised minimum apportionments", "nested": [], "links": [] }, { "text": "603. Apportionments for transitioning airports \nSection 47114(f)(3) of title 49, United States Code, is amended— (1) in subparagraph (A), by striking Beginning with the fiscal year and inserting For 3 fiscal years ; and (2) in subparagraph (B), by striking fiscal year 2004 and inserting fiscal years beginning with fiscal year 2024.", "id": "idef073068adb2408ba2e6081555f8afab", "header": "Apportionments for transitioning airports", "nested": [], "links": [] }, { "text": "604. Updating United States Government’s share of project costs \n(a) In general \nSection 47109 of title 49, United States Code, is amended— (1) by striking subsection (b) and inserting the following: (b) Increased government share \nIn any State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, the Government’s share of allowable project costs provided in subsection (a) shall be— (1) unchanged for a project at a large hub airport in the State; or (2) 95 percent for a project at any other airport in the State. ; (2) by striking subsection (c) and redesignating subsections (d) through (f) as (c) through (e), respectively; (3) in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following: (1) is not a medium or large hub airport; and ; and (4) by inserting after subsection (e), as so redesignated, the following: (f) Special rule for fiscal years 2024 through 2026 \nNotwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2024 through 2026 is 95 percent.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2023.", "id": "idbfd4e723e6a44d388ed95b9127f6b0c6", "header": "Updating United States Government’s share of project costs", "nested": [ { "text": "(a) In general \nSection 47109 of title 49, United States Code, is amended— (1) by striking subsection (b) and inserting the following: (b) Increased government share \nIn any State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, the Government’s share of allowable project costs provided in subsection (a) shall be— (1) unchanged for a project at a large hub airport in the State; or (2) 95 percent for a project at any other airport in the State. ; (2) by striking subsection (c) and redesignating subsections (d) through (f) as (c) through (e), respectively; (3) in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following: (1) is not a medium or large hub airport; and ; and (4) by inserting after subsection (e), as so redesignated, the following: (f) Special rule for fiscal years 2024 through 2026 \nNotwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2024 through 2026 is 95 percent..", "id": "ide624518026d14d989973f628d5624697", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2023.", "id": "id25e7b864d9cd4f7a915f3fe0d22a3af0", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "605. Primary airport designation \nSection 47114(c)(1) of title 49, United States Code, as amended by section 602, is amended by adding at the end the following: (L) Public airports with military use \nNotwithstanding any other provision of law, a public airport shall be considered a nonhub primary airport in fiscal year 2024 for purposes of this chapter if such airport was— (i) designated as a primary airport in fiscal year 2017; and (ii) in use by an air reserve station in the calendar year used to calculate apportionments to airport sponsors in a fiscal year..", "id": "id961a502c35ae4e0eb8a3eb8600016e4b", "header": "Primary airport designation", "nested": [], "links": [] }, { "text": "606. Discretionary fund for terminal development costs \n(a) Terminal projects at transitioning airports \nSection 47119(c) of title 49, United States Code, is amended— (1) in paragraph (4), by striking or after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (5), the following: (6) not more than $20,00,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title, to the sponsor of a nonprimary airport to pay costs allowable under subsection (a) for terminal development projects, if the Secretary determines (which may be based on actual and projected enplanement trends, as well as completion of an air service development study, demonstrated commitment by airlines to provide commercial service accommodating at least 10,000 annual enplanements, the sponsor’s documented commitment to providing the remaining funding to complete the proposed project, and a favorable environmental finding (including all required permits) in support of the proposed project) that the status of the nonprimary airport is reasonably expected to change to primary status in the next published report under section 47103.. (b) Limitation \nSection 47119(f) of title 49, United States Code, is amended by striking $20,000,000 and inserting $30,000,000.", "id": "idae045c3b4c034995a8d3c9ffc0afd779", "header": "Discretionary fund for terminal development costs", "nested": [ { "text": "(a) Terminal projects at transitioning airports \nSection 47119(c) of title 49, United States Code, is amended— (1) in paragraph (4), by striking or after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (5), the following: (6) not more than $20,00,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title, to the sponsor of a nonprimary airport to pay costs allowable under subsection (a) for terminal development projects, if the Secretary determines (which may be based on actual and projected enplanement trends, as well as completion of an air service development study, demonstrated commitment by airlines to provide commercial service accommodating at least 10,000 annual enplanements, the sponsor’s documented commitment to providing the remaining funding to complete the proposed project, and a favorable environmental finding (including all required permits) in support of the proposed project) that the status of the nonprimary airport is reasonably expected to change to primary status in the next published report under section 47103..", "id": "id5c816e044b664dadb4fd515d5a74755d", "header": "Terminal projects at transitioning airports", "nested": [], "links": [] }, { "text": "(b) Limitation \nSection 47119(f) of title 49, United States Code, is amended by striking $20,000,000 and inserting $30,000,000.", "id": "id2994093c95a94c90ac9759e96bed11dc", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "607. Alternative-delivery and advance-construction methods pilot program \nSection 47142 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Pilot program \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Administrator shall establish a pilot program under which not less than 5 airport sponsors shall be authorized through the application process under subsection (a) to award a design-build contract for a project that uses alternative-delivery and advance-construction methods, for purposes of evaluating the extent to which such methods expedite project delivery and reduce construction costs. (2) Report \nNot later than 90 days after the date on which the pilot program ends, the Administrator shall submit to Congress a report on the results of the pilot program, together with recommendations for such legislative or administrative action as the Administrator determines appropriate..", "id": "id39128fe31df440b48042f1631ff7d2dc", "header": "Alternative-delivery and advance-construction methods pilot program", "nested": [], "links": [] }, { "text": "608. Integrated project delivery \n(a) Pilot program \nNot later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104 of title 49, United States Code. (b) Application \n(1) Eligibility \nA sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under chapter 471 of such title 49. (2) Approval \nThe Secretary may approve the application of a sponsor of an airport submitted under paragraph (1) to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if— (A) the Secretary approves the application using criteria established by the Secretary; (B) the integrated project delivery contract is in a form that is approved by the Secretary; (C) the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant; (D) the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project; (E) the Secretary is satisfied that there will be no conflict of interest; and (F) the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process. (c) Reimbursement of costs \nReimbursement of costs shall be based on transparent cost accounting, also known as open book cost accounting. The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if— (1) the project funding is approved by the Secretary in advance; (2) the project is carried out in accordance with all administrative and statutory requirements under chapter 471 of such title 49; and (3) the project is carried out under such chapter after a grant agreement has been executed. (d) Integrated project delivery contract defined \nIn this section, the term integrated project delivery contract means a single contract for the delivery of a whole project that— (1) includes, at a minimum, the owner, builder, and architect-engineer as parties that are subject to the terms of the contract; (2) aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and (3) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes. (e) Expiration of authority \nThe authority of the Secretary to award grants under the pilot program under this section shall expire on September 30, 2028.", "id": "idb5f0f9b8515b42979c38e1d9eb880567", "header": "Integrated project delivery", "nested": [ { "text": "(a) Pilot program \nNot later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104 of title 49, United States Code.", "id": "id9bce808056d54af3b55caf364940e188", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Application \n(1) Eligibility \nA sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under chapter 471 of such title 49. (2) Approval \nThe Secretary may approve the application of a sponsor of an airport submitted under paragraph (1) to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if— (A) the Secretary approves the application using criteria established by the Secretary; (B) the integrated project delivery contract is in a form that is approved by the Secretary; (C) the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant; (D) the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project; (E) the Secretary is satisfied that there will be no conflict of interest; and (F) the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process.", "id": "idce04fbdb68c0419c8a84a85373551020", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Reimbursement of costs \nReimbursement of costs shall be based on transparent cost accounting, also known as open book cost accounting. The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if— (1) the project funding is approved by the Secretary in advance; (2) the project is carried out in accordance with all administrative and statutory requirements under chapter 471 of such title 49; and (3) the project is carried out under such chapter after a grant agreement has been executed.", "id": "id44da978630aa417f9ca80f06e5ca63c0", "header": "Reimbursement of costs", "nested": [], "links": [] }, { "text": "(d) Integrated project delivery contract defined \nIn this section, the term integrated project delivery contract means a single contract for the delivery of a whole project that— (1) includes, at a minimum, the owner, builder, and architect-engineer as parties that are subject to the terms of the contract; (2) aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and (3) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.", "id": "id07f7624c647846d1b5e23ae6df9aff00", "header": "Integrated project delivery contract defined", "nested": [], "links": [] }, { "text": "(e) Expiration of authority \nThe authority of the Secretary to award grants under the pilot program under this section shall expire on September 30, 2028.", "id": "idba46d16a9ed84f74814ce9513bd95eef", "header": "Expiration of authority", "nested": [], "links": [] } ], "links": [] }, { "text": "609. Airport investment partnership program \nSection 47134(b) of title 49, United States Code, is amended by adding at the end the following: (4) Benefit-cost analysis \nPrior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis. To facilitate the approval process, if a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall— (A) be issued within 60 days of the sponsor’s submission of all information required by the Secretary; (B) be based upon a collaborative review process that includes the sponsor or sponsor’s representative; (C) not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other authority; and (D) not constitute any other obligation on the part of the Federal Government until the conditions specified in the final benefit-cost analysis are met..", "id": "idbdb08fd314ce4c249827c85e72c25b07", "header": "Airport investment partnership program", "nested": [], "links": [] }, { "text": "610. Airport accessibility \n(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47144 the following: 47145. Pilot program for airport accessibility \n(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note). (b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a). (c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described. (d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles. (e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities. (f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration. (g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109. (h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.. (b) Conforming amendment \nThe analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following: 47145. Pilot program for airport accessibility..", "id": "idC293EEFAE9B549528F01E2F686B603A8", "header": "Airport accessibility", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47144 the following: 47145. Pilot program for airport accessibility \n(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note). (b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a). (c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described. (d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles. (e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities. (f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration. (g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109. (h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year..", "id": "id9464D69BBFC74E0E8A4F35F81FC10B74", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" }, { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" } ] }, { "text": "(b) Conforming amendment \nThe analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following: 47145. Pilot program for airport accessibility..", "id": "id63D5F5531736446E9741932D8F4B0DB8", "header": "Conforming amendment", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" } ] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" }, { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" }, { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" } ] }, { "text": "47145. Pilot program for airport accessibility \n(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note). (b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a). (c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described. (d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles. (e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities. (f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration. (g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109. (h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "idED6D7A4011D848B38E55F9B10CBFCEFF", "header": "Pilot program for airport accessibility", "nested": [ { "text": "(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note).", "id": "id7309a51eb24441dfb44c246921d64b00", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" } ] }, { "text": "(b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a).", "id": "id7b0ef3d25f1c48809623003519055220", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described.", "id": "id7935f3938b554ad393aa9c63c1a1e16e", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles.", "id": "idde818a7fd0b34fbf97083fd9f854ac8f", "header": "Selection criteria", "nested": [], "links": [] }, { "text": "(e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities.", "id": "id1d090d5dad814cc29aadde202ef35e72", "header": "Accessibility commitment", "nested": [], "links": [] }, { "text": "(f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration.", "id": "id0730d438fcd9458691cc3d6057f656cc", "header": "Coordination with disability advocacy entities", "nested": [], "links": [] }, { "text": "(g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109.", "id": "id0f34a7311fce41b09cd9d692d8fd3092", "header": "Federal share of costs", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ).", "id": "id6749A372B5F54C818FE56E312435E3CD", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" } ] }, { "text": "(i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "id5f25281f997a4aeaa1cea86465d8b40d", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" } ] }, { "text": "611. General aviation public-private partnership program \n(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 610(a), is amended by inserting after section 47145, the following 47146. General aviation public-private partnership program \n(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service. (b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application. (c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent. (d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion. (e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2). (f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section. (g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.. (b) Clerical amendment \nThe analysis for chapter 471 of such title, as amended by section 610(b), is amended by inserting after the item relating to section 47145 the following: 47146. General aviation public-private partnership program..", "id": "iddb8a7d990d874ee3a4e34c7a9d95d8e8", "header": "General aviation public-private partnership program", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 610(a), is amended by inserting after section 47145, the following 47146. General aviation public-private partnership program \n(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service. (b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application. (c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent. (d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion. (e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2). (f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section. (g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year..", "id": "id03187c73739b44abbb87d7dfad5c86cb", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 471 of such title, as amended by section 610(b), is amended by inserting after the item relating to section 47145 the following: 47146. General aviation public-private partnership program..", "id": "ide8f18566401d4244a41cb5c4cd1277e4", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "47146. General aviation public-private partnership program \n(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service. (b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application. (c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent. (d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion. (e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2). (f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section. (g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "idE4DBADBAB3884D2DB5D5F97B6AD0720C", "header": "General aviation public-private partnership program", "nested": [ { "text": "(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service.", "id": "id5409b2c32106485b8b7fc73ae5910760", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application.", "id": "idd3f281ca0188413cb5e7664a78a839e2", "header": "Application required", "nested": [], "links": [] }, { "text": "(c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent.", "id": "id9aca09a410aa4ce0aa033a3c0bdd5488", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion.", "id": "idf336b904ec214f83ad914e497ad74232", "header": "Priorities", "nested": [], "links": [] }, { "text": "(e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2).", "id": "idfa4e0c4b3e9a4791bdeb8089ab6b20db", "header": "Types of assistance", "nested": [], "links": [] }, { "text": "(f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section.", "id": "id55a6d10af27445c58303002b8b75f942", "header": "Authority to make agreements", "nested": [], "links": [] }, { "text": "(g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "id6c0eafb131124f22b58313526a1e4e55", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "612. Runway rehabilitation \nThe Administrator shall— (1) not restrict funding to resurface the full length of an existing runway within the State of Alaska based solely on reduced current or forecast aeronautical activity levels or critical design type standards; (2) within 60 days review requests for runway rehabilitation or reconstruction projects at airports on a case-by-case basis; and (3) not reject requests for projects with critical community needs, such as projects in rural communities and villages off the road system, or economic development projects to expand a runway to meet new demands.", "id": "id56EDABE4693941A2A4B7EAA8709A9B31", "header": "Runway rehabilitation", "nested": [], "links": [] }, { "text": "613. Extension of provision relating to airport access roads in remote locations \nSection 162 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47102 note) is amended, in the matter preceding paragraph (1), by striking through 2023 and inserting through 2028.", "id": "ide85c903691c243e79e089ea3b1d3240c", "header": "Extension of provision relating to airport access roads in remote locations", "nested": [], "links": [ { "text": "49 U.S.C. 47102", "legal-doc": "usc", "parsable-cite": "usc/49/47102" } ] }, { "text": "614. Procurement regulations applicable to FAA multimodal projects \n(a) In general \nAny multimodal airport development project that uses grant funding from funds made available to the FAA to carry out subchapter I of chapter 471 of title 49, United States Code, or airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) shall abide by the procurement regulations applicable to— (1) the FAA; and (2) subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively. (b) Multiple component projects \nIn the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of that subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.", "id": "id4D6BD13A488241F3BE72E9B0FCCCB6D2", "header": "Procurement regulations applicable to FAA multimodal projects", "nested": [ { "text": "(a) In general \nAny multimodal airport development project that uses grant funding from funds made available to the FAA to carry out subchapter I of chapter 471 of title 49, United States Code, or airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) shall abide by the procurement regulations applicable to— (1) the FAA; and (2) subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively.", "id": "id54E07812FB224265B8B0BE8BC2C87D97", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "(b) Multiple component projects \nIn the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of that subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.", "id": "id57650DB827194259B0FBE0672C2AE39D", "header": "Multiple component projects", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "615. Solar powered taxiway edge lighting systems \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue an engineering brief describing the acceptable use of durable long-term solar powered taxiway edge lighting systems at basic nonprimary airports (as defined in appendix C of the 2023-2027 National Plan of Integrated Airport Systems published by the FAA on September 30, 2022).", "id": "id94FE87FA279948FBB092B6058DEDEE22", "header": "Solar powered taxiway edge lighting systems", "nested": [], "links": [] }, { "text": "616. Additional ground based transmitters \nNotwithstanding any other provision of law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for providing additional ground based transmitters for Automatic Dependent Surveillance–Broadcasts (ADS–B) to provide a minimum operational network in Alaska along major flight routes.", "id": "id2ff9a1392d2941d0ba323bc5e6501a95", "header": "Additional ground based transmitters", "nested": [], "links": [] }, { "text": "617. Automated weather observing systems maintenance improvements \nSection 533 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44720 note) is amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (2) by inserting after subsection (c), the following: (d) Maintenance improvements \n(1) In general \nNot later than 18 months after the date of enactment of this subsection, the Administrator shall identify and implement reasonable alternative mitigations to improve maintenance of FAA-owned weather observing systems which experience frequent service outages, including associated surface communication outages. (2) Spare parts availability \nThe mitigations identified by the Administrator shall improve spare parts availability, including consideration of storage of more spare parts in the region of the equipment. (3) Application \nThis subsection shall apply only to airports located in non-contiguous States. (e) Notice of outages \n(1) In general \nNot later than 18 months after the date of enactment of this subsection, the Administrator shall update FAA Order 7930.2 Notices to Air Missions, or any successive order, to incorporate weather system outages for Automated Weather Observing Systems and Automated Surface Observing Systems associated with Service A Outages. (2) Application \nThis subsection shall apply only to airports located in non-contiguous States..", "id": "id2ced767214f646a2ae5f109738246b94", "header": "Automated weather observing systems maintenance improvements", "nested": [], "links": [ { "text": "49 U.S.C. 44720", "legal-doc": "usc", "parsable-cite": "usc/49/44720" } ] }, { "text": "618. Contract Tower Program \nSection 47124 of title 49, United States Code, as amended by section 528, is amended— (1) in subsection (b)(3), by adding at the end the following: (H) Period for completion of an Operational Readiness Inspection \nThe Federal Aviation Administration shall provide airport sponsors that show good faith efforts to join the Contract Tower Program 7 years to complete an Operational Readiness Inspection after receiving a benefit-to-cost ratio. ; (2) by redesignating subsection (f) as subsection (h); (3) by inserting after subsection (e), the following: (f) Improving situational awareness \n(1) In general \nThe Administrator of the Federal Aviation Administration shall allow air traffic controllers at Federal Contract Towers to use technology to improve situational awareness including, but not limited to, using Standard Terminal Automation Replacement System (STARS) radar displays, Automatic Dependent Surveillance-Broadcast (ADS-B), Flight Data Input/Output (FDIOs), and Automatic Terminal Information System (ATIS). (2) Requirements \nTo help facilitate the integration of the equipment described in paragraph (1), the Administrator shall— (A) establish a set of standards that ensures safety for use of the equipment described in paragraph (1) for the purpose of increased situational awareness; (B) identify multiple approved vendors for such equipment if practicable; and (C) partner with contract tower providers to define an appropriate initial training program to ensure that any tower radar displays, ADS-B displays, or other equipment are correctly integrated into Federal Contract Tower operations. (g) Liability insurance \n(1) In general \nThe Secretary shall consult with industry experts, including air traffic control contractors and aviation insurance professionals, to determine adequate limits of liability for the Contract Tower Program, including during the period described in paragraph (2) with respect to the determination of adequate excess liability insurance under paragraph (2)(B). (2) Interim steps \nDuring the period that begins on the date of enactment of this subsection and ends on the date the Secretary submits the report required by paragraph (3), the Secretary shall require air traffic control contractors to have adequate excess liability insurance (as determined by the Secretary in consultation with industry experts under paragraph (1)) to ensure resilience should a major accident occur. (3) Report \nNot later than 6 months after the date of enactment of this subsection, the Secretary shall submit a report to the appropriate committees of Congress on the findings, conclusions, and actions taken and planned to be taken to carry out this subsection. (4) Appropriate committees of congress \nFor purpose of this subsection, the term appropriate committees of Congress (as defined in subsection (f)(3)) includes the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives..", "id": "id191e4e7b18654fdeab806d7fd8fc1deb", "header": "Contract Tower Program", "nested": [], "links": [] }, { "text": "619. Remote towers \n(a) In general \nSection 47124 of title 49, United States Code, as amended by sections 528 and 618, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) (as added by section 725), the following: (h) Milestones for design approval of remote towers \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall create a structured program and publish milestones to achieve system design approval for a remote tower system. (2) Requirements \nIn carrying out subparagraph (A), the Administrator shall— (A) rely on support from the Airports Office of the Federal Aviation Administration and the Air Traffic Organization of the Federal Aviation Administration, including the Air Traffic Services Service Unit and the Technical Operations Service Unit; and (B) not later than September 30, 2024, expand validation and certification of system design approval for a digital or remote tower system to three locations outside of the William J. Hughes Technical Center, as specified in section 161 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47104 note).. (b) Conforming amendments \nSection 47124(b) of title 49, United States Code, is amended— (1) in paragraph (3)(B)(ii), by inserting or a remote airport traffic control tower that has received System Design Approval (SDA) from the Federal Aviation Administration after an operating air traffic control tower ; and (2) in each of clauses (i)(III) and (ii)(III) of paragraph (4)(A), by inserting or remote air traffic control tower equipment that has received System Design Approval (SDA) from the Federal Aviation Administration after certified by the Federal Aviation Administration.", "id": "id856869381d2b4111a191b53f8e34e886", "header": "Remote towers", "nested": [ { "text": "(a) In general \nSection 47124 of title 49, United States Code, as amended by sections 528 and 618, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) (as added by section 725), the following: (h) Milestones for design approval of remote towers \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall create a structured program and publish milestones to achieve system design approval for a remote tower system. (2) Requirements \nIn carrying out subparagraph (A), the Administrator shall— (A) rely on support from the Airports Office of the Federal Aviation Administration and the Air Traffic Organization of the Federal Aviation Administration, including the Air Traffic Services Service Unit and the Technical Operations Service Unit; and (B) not later than September 30, 2024, expand validation and certification of system design approval for a digital or remote tower system to three locations outside of the William J. Hughes Technical Center, as specified in section 161 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47104 note)..", "id": "idededb546f2a64cd4af86a62e67199c9f", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 47104", "legal-doc": "usc", "parsable-cite": "usc/49/47104" } ] }, { "text": "(b) Conforming amendments \nSection 47124(b) of title 49, United States Code, is amended— (1) in paragraph (3)(B)(ii), by inserting or a remote airport traffic control tower that has received System Design Approval (SDA) from the Federal Aviation Administration after an operating air traffic control tower ; and (2) in each of clauses (i)(III) and (ii)(III) of paragraph (4)(A), by inserting or remote air traffic control tower equipment that has received System Design Approval (SDA) from the Federal Aviation Administration after certified by the Federal Aviation Administration.", "id": "id03c49b1a5ed34c6f97f0e4d641d53578", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 47104", "legal-doc": "usc", "parsable-cite": "usc/49/47104" } ] }, { "text": "620. Grant assurances \nSection 47107(a) of title 49, United States Code, is amended— (1) in paragraph (7), by striking the semicolon and inserting , such that there are no unsafe practices or conditions as determined by the Secretary; ; (2) in paragraph (20), by striking and after the semicolon; (3) in paragraph (21), by striking the period at the end and inserting a semicolon; and (4) by inserting after paragraph (21), the following: (22) the airport owner or operator will require a fixed based operator, which operates at the airport and also operates facilities at 3 or more additional public-use airports where fuel, parking, and other related services are offered to general aviation aircraft, will publicly disclose on a continuous basis all its prices and fees for the use of its services, products, and facilities at the airport and that the disclosure will— (A) be made in an open and conspicuous manner; (B) be made available at the point of purchase, in print, and on the internet; and (C) include all retail, discounted, or other such prices and fees charged and whether such prices and fees are accepted as payment in full for the products, services, and facilities furnished to airport users; (23) the airport owner or operator will not impose unreasonable fees for transient aircraft parking that exceed the airport’s cost to operate and maintain the area where such transient aircraft may park; and (24) the airport owner or operator will continue to make available to general aviation aircraft all types of fuel, which were available to such aircraft at that airport at any time during calendar year 2022, until the earlier of— (A) December 31, 2030; or (B) the date on which a replacement for 100 octane Low Lead aviation gas for use by piston-driven aircraft is widely available for use, as determined by the Secretary..", "id": "id211528afa87345d79092a85ca2931095", "header": "Grant assurances", "nested": [], "links": [] }, { "text": "621. Civil penalties for grant assurances violations \nSection 46301(a) of title 49, United States Code, is amended— (1) in paragraph (1)(A), by inserting section 47107(a)(7) (including any assurance made under such section), section 47107(a)(24) (including any assurance made under such section), after chapter 451, ; and (2) by inserting after paragraph (7), the following: (8) Failure to operate and maintain airports and facilities suitably \n(A) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(7) (including any assurance made under such section) committed by a person, including if the person is an individual or small business concern, shall be $25,000. (B) In determining the amount of a civil penalty under paragraph (1) related to a violation of section 47107(a)(7) (including any assurance made under such section), the Secretary of Transportation shall take into account any mitigating circumstances at the airport and facilities on or connected with the airport. (9) Failure to continue offering aviation fuel \nNotwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(24) (including any assurance made under such section) committed by a person, including if the person is an individual or a small business concern, shall be $5,000 for each day that the person is in violation of that section..", "id": "id6E2FC2A7684A499797EBF56D55D6EF6E", "header": "Civil penalties for grant assurances violations", "nested": [], "links": [] }, { "text": "622. Community use of airport land \nSection 47107(v) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by striking subsection (a)(13) and inserting subsections (a)(13), (b), and (c) ; (B) by striking the sponsor has entered and inserting “the sponsor has— (A) entered ; (C) by striking market value. and inserting market value; or ; and (D) by adding at the end the following: (B) permanently restricted the use of airport property to compatible recreational and public park use without paying or otherwise obtaining payment of fair market value for the property. ; (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii), respectively, and moving the left margins of each such clause 2 ems to the right; (B) by striking This subsection shall apply only— and inserting the following: (A) Agreements \nParagraph (1)(A) shall apply only— ; and (C) by adding at the end the following: (B) Restrictions \nParagraph (1)(B) shall apply only— (i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to December 30, 1987; (ii) to airport property that has been continuously used for recreational or public park uses since January 1, 1995; (iii) if the airport sponsor has provided a written statement to the Administrator that the property to be permanently restricted for recreational and public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time in the future; (iv) if the recreational and public park use will not impact the aeronautical use of the airport; (v) if the airport sponsor provides a certification that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use; (vi) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502; (vii) if the airport sponsor has continuously leased the property since January 1, 1995, to a local government entity to operate and maintain the property at no cost to the airport sponsor; and (viii) if the airport sponsor will— (I) continue to lease the property to a local government entity to operate and maintain the property at no cost to the airport sponsor; or (II) transfer title to the property to a local government entity subject to a permanent deed restriction ensuring compatible airport use under the criteria of section 47502. ; and (D) by adding at the end the following: (4) Aeronautical use; aeronautical purpose defined \n(A) In general \nIn this subsection, the terms aeronautical use and aeronautical purpose mean all activities that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe. (B) Inclusion of services located on an airport \nSuch terms include services located on an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo. (C) Exclusions \nSuch terms shall not include any uses of an airport that are not described in subparagraph (A) or (B), including any aviation-related uses that do not need to be located on an airport, such as flight kitchens and airline reservation centers..", "id": "id31d1bf081fb84f20bf51100671eba670", "header": "Community use of airport land", "nested": [], "links": [] }, { "text": "623. Buckeye 940 release of deed restrictions \n(a) Purpose \nThe purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust. (b) Definitions \nIn this section: (1) Buckeye 940 \nThe term Buckeye 940 means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust. (2) Quitclaim Deed \nThe term Quitclaim Deed means the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949. (c) Release of any and all interest in Buckeye 940 \n(1) In general \nNotwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940. (2) Terms and conditions \nThe Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States. (3) No restriction on use of proceeds \nNotwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations. (4) Mineral reservation \nThe Deed of Release described in paragraph (1) shall include the release of all interests of the United States to the mineral rights on Buckeye 940 included in the Quitclaim Deed.", "id": "ide3f9e35a86b249bb923297782b5694a5", "header": "Buckeye 940 release of deed restrictions", "nested": [ { "text": "(a) Purpose \nThe purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust.", "id": "id18e5e35ef38d47f5b4a288622dfb7283", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Buckeye 940 \nThe term Buckeye 940 means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust. (2) Quitclaim Deed \nThe term Quitclaim Deed means the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949.", "id": "idae6e0531a6d94115977567cf1748229f", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Release of any and all interest in Buckeye 940 \n(1) In general \nNotwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940. (2) Terms and conditions \nThe Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States. (3) No restriction on use of proceeds \nNotwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations. (4) Mineral reservation \nThe Deed of Release described in paragraph (1) shall include the release of all interests of the United States to the mineral rights on Buckeye 940 included in the Quitclaim Deed.", "id": "id633fefaacb13478facace115d4291579", "header": "Release of any and all interest in Buckeye 940", "nested": [], "links": [] } ], "links": [] }, { "text": "624. Clarifying airport revenue use of local general sales taxes \n(a) Written assurances on revenue use \nSection 47107(b) of title 49, United States Code, is amended by adding at the end the following: (4) This subsection does not apply to local general sales taxes as provided in section 47133(b)(4).. (b) Restriction on use of revenues \nSection 47133(b) of title 49, United States Code, is amended by adding at the end the following: (4) Local general sales taxes \nSubsection (a) shall not apply to revenues from generally applicable sales taxes imposed by a local government provided— (A) the local government had a generally applicable sales tax that did not exclude aviation fuel in effect prior to December 9, 2014; (B) the local government is not a sponsor of a public airport; and (C) a large hub airport, which had more than 35,000,000 enplanements in calendar year 2021, is located within the jurisdiction of the local government..", "id": "idd18ee05eae504b6d8d46552675c7a178", "header": "Clarifying airport revenue use of local general sales taxes", "nested": [ { "text": "(a) Written assurances on revenue use \nSection 47107(b) of title 49, United States Code, is amended by adding at the end the following: (4) This subsection does not apply to local general sales taxes as provided in section 47133(b)(4)..", "id": "idd04dfcfe96464e6690f9b0418ec7dddc", "header": "Written assurances on revenue use", "nested": [], "links": [] }, { "text": "(b) Restriction on use of revenues \nSection 47133(b) of title 49, United States Code, is amended by adding at the end the following: (4) Local general sales taxes \nSubsection (a) shall not apply to revenues from generally applicable sales taxes imposed by a local government provided— (A) the local government had a generally applicable sales tax that did not exclude aviation fuel in effect prior to December 9, 2014; (B) the local government is not a sponsor of a public airport; and (C) a large hub airport, which had more than 35,000,000 enplanements in calendar year 2021, is located within the jurisdiction of the local government..", "id": "id054b995a146c491fa692938d2a79a75b", "header": "Restriction on use of revenues", "nested": [], "links": [] } ], "links": [] }, { "text": "625. AIP handbook review \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Associate Administrator for Airports of the FAA, in consultation with the Governor of Alaska, shall identify reasonable exceptions to the AIP Handbook to be implemented by the FAA to meet unique regional circumstances and advance the safety needs of airports in Alaska, including with respect to the following: (1) Snow Removal Equipment Building (SREB) size and configuration. (2) Expansion of lease areas. (3) Shared governmental use of airport equipment in remote locations. (4) Ensuring the resurfacing or reconstruction of legacy runways to support— (A) aircraft necessary to support critical health needs of a community; (B) remote fuel deliveries; and (C) firefighting response. (5) The use of runway end identifier lights at locations throughout the State. (b) Updates to AIP Handbook \n(1) In general \nNot later than 60 days after the date on which the Associate Administrator for Airports of the FAA identifies reasonable exceptions under subsection (a), the Administrator shall update the AIP Handbook to incorporate such exceptions to meet the unique circumstances and safety needs of airports in Alaska. (2) Consultation \nThe Administrator shall consult with the Regional Administrator of the FAA Alaskan Region prior to issuing the update to the AIP Handbook required by this section.", "id": "idB1AEA0901D374EF1A6A1112ED0B90449", "header": "AIP handbook review", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Associate Administrator for Airports of the FAA, in consultation with the Governor of Alaska, shall identify reasonable exceptions to the AIP Handbook to be implemented by the FAA to meet unique regional circumstances and advance the safety needs of airports in Alaska, including with respect to the following: (1) Snow Removal Equipment Building (SREB) size and configuration. (2) Expansion of lease areas. (3) Shared governmental use of airport equipment in remote locations. (4) Ensuring the resurfacing or reconstruction of legacy runways to support— (A) aircraft necessary to support critical health needs of a community; (B) remote fuel deliveries; and (C) firefighting response. (5) The use of runway end identifier lights at locations throughout the State.", "id": "id651180cf58ce431d92740cda6d96e8c1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Updates to AIP Handbook \n(1) In general \nNot later than 60 days after the date on which the Associate Administrator for Airports of the FAA identifies reasonable exceptions under subsection (a), the Administrator shall update the AIP Handbook to incorporate such exceptions to meet the unique circumstances and safety needs of airports in Alaska. (2) Consultation \nThe Administrator shall consult with the Regional Administrator of the FAA Alaskan Region prior to issuing the update to the AIP Handbook required by this section.", "id": "id251e19d51ec34eb086d37f4a9464ff18", "header": "Updates to AIP Handbook", "nested": [], "links": [] } ], "links": [] }, { "text": "626. PFAS-related resources for airports \n(a) PFAS replacement program for airports \nNot later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following: (1) The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for— (A) the capacity of all required aircraft rescue and firefighting (ARFF) equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and (B) twice the quantity carried onboard each required truck available in the fire station for the eligible airport (2) The disposal of per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film-forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles. (3) Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent. (4) Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent. (5) Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced. (b) Distribution of funds \n(1) Grants to replace ARFF vehicles \n(A) In general \nThe Secretary shall reserve up to $30,000,000 of the amounts appropriated to carry out the PFAS replacement program to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free foam, to replace aircraft rescue and firefighting (ARFF) vehicles. (B) Amount \nNo grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000. (2) Remainder \n(A) Determination of need \nWith respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine— (i) the total amount of such concentrate required for all of the Federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and (ii) the total amount of nationwide firefighting foam concentrate, in gallons. (B) Determination of grant amounts \nFrom the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of— (i) the amount of such remaining funds; and (ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii). (c) Program requirements \n(1) In general \nThe Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for fluorine-free foams. (2) Compliance with applicable law \nAll actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program. (3) Government share \nThe Government’s share of allowable costs under the PFAS replacement program shall be 100 percent. (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program. (2) Requirements \nAmounts appropriated to carry out the PFAS replacement program shall— (A) remain available for expenditure for a period of 5 fiscal years; and (B) be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program. (e) Definitions \nIn this section: (1) Eligible airport \nThe term eligible airport means an airport holding an Airport Operating Certificate issued under part 139. (2) Part 139 \nThe term part 139 means part 139 of title 14, Code of Federal Regulations. (3) PFAS replacement program \nThe term PFAS replacement program means the program established under subsection (a).", "id": "ide0663ab261cb47c0b29720d6edb18f83", "header": "PFAS-related resources for airports", "nested": [ { "text": "(a) PFAS replacement program for airports \nNot later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following: (1) The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for— (A) the capacity of all required aircraft rescue and firefighting (ARFF) equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and (B) twice the quantity carried onboard each required truck available in the fire station for the eligible airport (2) The disposal of per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film-forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles. (3) Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent. (4) Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent. (5) Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced.", "id": "id65ec44f6692e426580acea38222cf9c3", "header": "PFAS replacement program for airports", "nested": [], "links": [] }, { "text": "(b) Distribution of funds \n(1) Grants to replace ARFF vehicles \n(A) In general \nThe Secretary shall reserve up to $30,000,000 of the amounts appropriated to carry out the PFAS replacement program to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free foam, to replace aircraft rescue and firefighting (ARFF) vehicles. (B) Amount \nNo grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000. (2) Remainder \n(A) Determination of need \nWith respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine— (i) the total amount of such concentrate required for all of the Federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and (ii) the total amount of nationwide firefighting foam concentrate, in gallons. (B) Determination of grant amounts \nFrom the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of— (i) the amount of such remaining funds; and (ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii).", "id": "idfd3cd5ead19f4ec682372d226cdfc9e1", "header": "Distribution of funds", "nested": [], "links": [] }, { "text": "(c) Program requirements \n(1) In general \nThe Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for fluorine-free foams. (2) Compliance with applicable law \nAll actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program. (3) Government share \nThe Government’s share of allowable costs under the PFAS replacement program shall be 100 percent.", "id": "id657cbf110cbc4d97a806807dba40436f", "header": "Program requirements", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program. (2) Requirements \nAmounts appropriated to carry out the PFAS replacement program shall— (A) remain available for expenditure for a period of 5 fiscal years; and (B) be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program.", "id": "ida919ea813b00459cb1205e5cd7840e67", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Eligible airport \nThe term eligible airport means an airport holding an Airport Operating Certificate issued under part 139. (2) Part 139 \nThe term part 139 means part 139 of title 14, Code of Federal Regulations. (3) PFAS replacement program \nThe term PFAS replacement program means the program established under subsection (a).", "id": "id9e1130cc72be4a10893bb6e88ec3aadb", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "627. Progress reports on the national transition plan related to a fluorine-free firefighting foam \n(a) In general \nNot later than 180 days after the date of enactment of this section, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that meets the performance standards referenced in chapter 6 of AC No: 150/5210-6D and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports. (b) Required information \nEach progress report required by subsection (a) shall include the following: (1) An assessment of the progress made by the FAA with respect to providing part 139 airports with— (A) guidance from the Environmental Protection Agency on acceptable environmental limits relating to such fluorine-free firefighting foam; (B) guidance from the Department of Defense on that department's transition to a fluorine-free firefighting foam; (C) best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and (D) timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training. (2) A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report and the number of gallons regularly kept in reserve at each such airport. (3) An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports and local authorities with responsibility for inspection and oversight with guidance described in subparagraphs (A) and (B) of paragraph (1) as it relates to the use of fluorine-free firefighting foam at such airports. (4) Such other information as the Administrator determines appropriate. (c) Progress report termination date \nFor purposes of subsection (a), the progress report termination date described in this subsection is the date on which the Administrator notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete. (d) Definition \nIn this section, the term part 139 airport means an airport certified under part 139 of title 14, Code of Federal Regulations.", "id": "id87d3c93c1dca4994b3b94a7476010ae9", "header": "Progress reports on the national transition plan related to a fluorine-free firefighting foam", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that meets the performance standards referenced in chapter 6 of AC No: 150/5210-6D and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports.", "id": "ide64e50a7580c4df78a1a991004571dd0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Required information \nEach progress report required by subsection (a) shall include the following: (1) An assessment of the progress made by the FAA with respect to providing part 139 airports with— (A) guidance from the Environmental Protection Agency on acceptable environmental limits relating to such fluorine-free firefighting foam; (B) guidance from the Department of Defense on that department's transition to a fluorine-free firefighting foam; (C) best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and (D) timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training. (2) A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report and the number of gallons regularly kept in reserve at each such airport. (3) An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports and local authorities with responsibility for inspection and oversight with guidance described in subparagraphs (A) and (B) of paragraph (1) as it relates to the use of fluorine-free firefighting foam at such airports. (4) Such other information as the Administrator determines appropriate.", "id": "id8be675121ba842f3bd4721102e2eb8e7", "header": "Required information", "nested": [], "links": [] }, { "text": "(c) Progress report termination date \nFor purposes of subsection (a), the progress report termination date described in this subsection is the date on which the Administrator notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete.", "id": "id8c8a603322e94fcfa65d183be73f3279", "header": "Progress report termination date", "nested": [], "links": [] }, { "text": "(d) Definition \nIn this section, the term part 139 airport means an airport certified under part 139 of title 14, Code of Federal Regulations.", "id": "idbb91926625354720a5b5c3d658f114da", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "628. Review of airport layout plans \n(a) In general \nSection 163 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47107 note) is amended— (1) by striking subsection (a) and inserting the following: (a) [Reserved]. ; and (2) by striking subsection (b) and inserting the following: (b) [Reserved].. (b) Airport layout plan approval authority \nSection 47107 of title 49, United States Code, is amended— (1) in subsection (a)(16)— (A) by striking subparagraph (B) and inserting the following: (B) subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect; ; and (B) in subparagraph (C)(i), by striking subparagraph (B) and inserting subsection (x) ; and (2) by adding at the end the following new subsection: (x) Scope of the Secretary's airport layout plan review and approval authority \n(1) Authority over projects on land acquired without Federal assistance \nFor purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may only review and approve or disapprove those portions of the plan (or any subsequent revision to the plan) that— (A) materially impact the safe and efficient operation of aircraft at, to, or from the airport; (B) adversely affect the safety of people or property on the ground as a result of aircraft operations; or (C) adversely affect the value of prior Federal investments to a significant extent. (2) Limitation on non-aeronautical review \nIf only a portion of a project proposed by an airport owner or operator is subject to the Secretary’s review and approval under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project. (3) Notice \n(A) In general \nAn airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the Secretary's review and approval authority, as described in this subsection. (B) Failure to object \nIf not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the Secretary’s review and approval authority under subsection (a)(16)(B)..", "id": "id5837368b625c4a538503d3a443fb3c30", "header": "Review of airport layout plans", "nested": [ { "text": "(a) In general \nSection 163 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47107 note) is amended— (1) by striking subsection (a) and inserting the following: (a) [Reserved]. ; and (2) by striking subsection (b) and inserting the following: (b) [Reserved]..", "id": "id3214c1ddc35447618194f161116ff23b", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 47107", "legal-doc": "usc", "parsable-cite": "usc/49/47107" } ] }, { "text": "(b) Airport layout plan approval authority \nSection 47107 of title 49, United States Code, is amended— (1) in subsection (a)(16)— (A) by striking subparagraph (B) and inserting the following: (B) subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect; ; and (B) in subparagraph (C)(i), by striking subparagraph (B) and inserting subsection (x) ; and (2) by adding at the end the following new subsection: (x) Scope of the Secretary's airport layout plan review and approval authority \n(1) Authority over projects on land acquired without Federal assistance \nFor purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may only review and approve or disapprove those portions of the plan (or any subsequent revision to the plan) that— (A) materially impact the safe and efficient operation of aircraft at, to, or from the airport; (B) adversely affect the safety of people or property on the ground as a result of aircraft operations; or (C) adversely affect the value of prior Federal investments to a significant extent. (2) Limitation on non-aeronautical review \nIf only a portion of a project proposed by an airport owner or operator is subject to the Secretary’s review and approval under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project. (3) Notice \n(A) In general \nAn airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the Secretary's review and approval authority, as described in this subsection. (B) Failure to object \nIf not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the Secretary’s review and approval authority under subsection (a)(16)(B)..", "id": "ida46ac38b178843e4b58a5e054a8c7c67", "header": "Airport layout plan approval authority", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 47107", "legal-doc": "usc", "parsable-cite": "usc/49/47107" } ] }, { "text": "629. NEPA purpose and need statements \n(a) In general \nTo the extent that the FAA is the lead Federal agency for preparation of an environmental impact statement or an environmental assessment under provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) where an action or approval from more than one Federal agency is required, the FAA shall develop its draft purpose and need statement for the project not later than 45 days after— (1) the submission of the airport sponsor’s appropriately completed proposed purpose and need description; and (2) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the FAA. (b) Assistance \nThe Administrator shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than one Federal agency.", "id": "id644c8ba1f91d4024a736b47c8c1fea13", "header": "NEPA purpose and need statements", "nested": [ { "text": "(a) In general \nTo the extent that the FAA is the lead Federal agency for preparation of an environmental impact statement or an environmental assessment under provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) where an action or approval from more than one Federal agency is required, the FAA shall develop its draft purpose and need statement for the project not later than 45 days after— (1) the submission of the airport sponsor’s appropriately completed proposed purpose and need description; and (2) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the FAA.", "id": "idc313f1531f45412aa4f8c875c2813715", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Assistance \nThe Administrator shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than one Federal agency.", "id": "idffa114559701456994bde59b8ee0c9ae", "header": "Assistance", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "630. Passenger facility charge streamlining \n(a) In general \nSection 40117 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking The Secretary and inserting Except as set forth in the streamlining process described in subsection (l), the Secretary ; (B) by striking paragraph (4); (C) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively; (D) in paragraph (5), as so redesignated— (i) by striking paragraphs (1) and (4) and inserting paragraph (1) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; and (E) in paragraph (6)(A), as so redesignated— (i) by striking paragraphs (1), (4), and (6) and inserting paragraphs (1) and (5) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; (2) in subsection (e)(1)— (A) in subparagraph (A), by inserting , or a passenger facility charge imposition is authorized under subsection (l) after of this section ; and (B) in subparagraph (B), by inserting reasonable after subject to ; and (3) in subsection (l)— (A) in the subsection heading, by striking Pilot Program for Passenger Facility Charge Authorizations and inserting Passenger facility charge streamlining ; (B) by striking paragraph (1) and inserting the following: (1) In general \nThe Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose a passenger facility charge in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section. ; (C) by striking paragraph (4) and inserting the following: (4) Acknowledgment of receipt and indication of objection \n(A) In general \nThe Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency's notice. (B) Prohibited objection \nThe Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, provided that the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) does not exceed the total cost of the project. (C) Allowed objection \nThe Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that— (i) establishes significant policy precedent; (ii) raises significant legal issues; (iii) garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities; (iv) raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475 of title 49, United States Code; or (v) includes multimodal components. ; (D) by striking paragraph (6); and (E) by redesignating paragraph (7) as paragraph (6). (b) Rulemaking \nNot later than 120 days after the date of enactment of this section, the Administrator shall commence a rulemaking to implement the amendments made by subsection (a). (c) Interim guidance \nThe interim guidance established in FAA Memorandum PFC 73-20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports. (issued January 22, 2020), as modified by subsection (a), shall remain in effect until the effective date of the final rule promulgated under subsection (b).", "id": "ide4ef1588820c4527ab2d32e0a6de945e", "header": "Passenger facility charge streamlining", "nested": [ { "text": "(a) In general \nSection 40117 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking The Secretary and inserting Except as set forth in the streamlining process described in subsection (l), the Secretary ; (B) by striking paragraph (4); (C) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively; (D) in paragraph (5), as so redesignated— (i) by striking paragraphs (1) and (4) and inserting paragraph (1) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; and (E) in paragraph (6)(A), as so redesignated— (i) by striking paragraphs (1), (4), and (6) and inserting paragraphs (1) and (5) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; (2) in subsection (e)(1)— (A) in subparagraph (A), by inserting , or a passenger facility charge imposition is authorized under subsection (l) after of this section ; and (B) in subparagraph (B), by inserting reasonable after subject to ; and (3) in subsection (l)— (A) in the subsection heading, by striking Pilot Program for Passenger Facility Charge Authorizations and inserting Passenger facility charge streamlining ; (B) by striking paragraph (1) and inserting the following: (1) In general \nThe Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose a passenger facility charge in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section. ; (C) by striking paragraph (4) and inserting the following: (4) Acknowledgment of receipt and indication of objection \n(A) In general \nThe Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency's notice. (B) Prohibited objection \nThe Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, provided that the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) does not exceed the total cost of the project. (C) Allowed objection \nThe Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that— (i) establishes significant policy precedent; (ii) raises significant legal issues; (iii) garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities; (iv) raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475 of title 49, United States Code; or (v) includes multimodal components. ; (D) by striking paragraph (6); and (E) by redesignating paragraph (7) as paragraph (6).", "id": "id07598afc871f4fca8a967f36553f077a", "header": "In general", "nested": [], "links": [ { "text": "chapter 475", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/475" } ] }, { "text": "(b) Rulemaking \nNot later than 120 days after the date of enactment of this section, the Administrator shall commence a rulemaking to implement the amendments made by subsection (a).", "id": "idf025356eb6794fee92a4a41755f8e1bb", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(c) Interim guidance \nThe interim guidance established in FAA Memorandum PFC 73-20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports. (issued January 22, 2020), as modified by subsection (a), shall remain in effect until the effective date of the final rule promulgated under subsection (b).", "id": "id66c4927eede14a6796db69e0444bb61f", "header": "Interim guidance", "nested": [], "links": [] } ], "links": [ { "text": "chapter 475", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/475" } ] }, { "text": "631. Use of passenger facility charges for noise barriers \nSection 40117(a)(3) of title 49, United States Code, is amended by adding at the end the following: (H) A project at a small hub airport for a noise barrier where the day–night average sound level from commercial, general aviation, or cargo operations is expected to exceed 55 decibels as a result of new airport development..", "id": "id9F70AEE929BE4D87A4897DD63469A60A", "header": "Use of passenger facility charges for noise barriers", "nested": [], "links": [] }, { "text": "632. Automated weather observing systems policy \nNot later than 60 days after the date of enactment of this section, the Administrator shall establish a process to collaborate with the Director of the National Weather Service to expedite the Automated Surface Observing Systems (ASOS) and the Service Life Extension Program (SLEP) and ensure adequate spare parts and personnel are available for timely response to outages.", "id": "id8F39BBFC902342A091B9761717BAE948", "header": "Automated weather observing systems policy", "nested": [], "links": [] }, { "text": "633. Infrastructure Investment and Jobs Act implementation \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall distribute administrative funding to assist States participating in the State block grant program in accordance with section 47128 of title 49, United States Code, with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ). (b) Funding source \nAdministrative funds to States under this section shall be distributed from the funds made available in the Infrastructure Investment and Jobs Act for personnel, contracting, and other costs to administer and oversee grants of the Airport Infrastructure Grants, Contract Tower Competitive Grant Program, and Airport Terminal Program. (c) Administrative funds \nWith respect to administrative funds made available for fiscal years 2022 through 2026— (1) the amount of administrative funds available for distribution under subsection (b) shall be an amount equal to a percentage determined by the Secretary, but not less than 2 percent, of the annual allocations provided under the heading Airport Infrastructure Grants under the heading Federal Aviation Administration in title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1416) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program; (2) administrative funds distributed under subsection (b) shall be used by such States to— (A) administer and oversee, as outlined in the Memorandum of Agreement or current agreements between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and (B) carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act; and (3) except as provided in subsection (d), such administrative funds shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than December 1 of each fiscal year in which the Infrastructure Investment and Jobs Act provides airport grant program funds. (d) Initial distribution \nWith respect to administrative funds made available for fiscal years 2022 and 2023, funds available as of the date of enactment of this section shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.", "id": "id5bb35b96c72c4b9eb5d3d65ed651f16e", "header": "Infrastructure Investment and Jobs Act implementation", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall distribute administrative funding to assist States participating in the State block grant program in accordance with section 47128 of title 49, United States Code, with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ).", "id": "id16946f7479694700ab9681f968c39359", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "(b) Funding source \nAdministrative funds to States under this section shall be distributed from the funds made available in the Infrastructure Investment and Jobs Act for personnel, contracting, and other costs to administer and oversee grants of the Airport Infrastructure Grants, Contract Tower Competitive Grant Program, and Airport Terminal Program.", "id": "id0bfc64d369c24433bf9887ecf593ce9d", "header": "Funding source", "nested": [], "links": [] }, { "text": "(c) Administrative funds \nWith respect to administrative funds made available for fiscal years 2022 through 2026— (1) the amount of administrative funds available for distribution under subsection (b) shall be an amount equal to a percentage determined by the Secretary, but not less than 2 percent, of the annual allocations provided under the heading Airport Infrastructure Grants under the heading Federal Aviation Administration in title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1416) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program; (2) administrative funds distributed under subsection (b) shall be used by such States to— (A) administer and oversee, as outlined in the Memorandum of Agreement or current agreements between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and (B) carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act; and (3) except as provided in subsection (d), such administrative funds shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than December 1 of each fiscal year in which the Infrastructure Investment and Jobs Act provides airport grant program funds.", "id": "id96e99adb54684a5cbdc5a3b7fc5df499", "header": "Administrative funds", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "(d) Initial distribution \nWith respect to administrative funds made available for fiscal years 2022 and 2023, funds available as of the date of enactment of this section shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.", "id": "id10aa8bb2f3ab4e42a5ab3386b6750a81", "header": "Initial distribution", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "634. Report on airport notifications \nNot later than 90 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the FAA's progress with respect to— (1) collecting more accurate data in notices of construction, alteration, activation, and deactivation of airports as required under part 157 of title 14, Code of Federal Regulations; and (2) making the database under part 157 of title 14, Code of Federal Regulations, more accurate and useful for aircraft operators, particularly for helicopter and rotary wing type aircraft operators.", "id": "id19c0c84a73b441a8b23a1191960ad12c", "header": "Report on airport notifications", "nested": [], "links": [] }, { "text": "635. Coastal airports resiliency study \n(a) Study \nThe Administrator shall work with the Administrator of the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers to identify best practices for, and study the feasibility of, improving resiliency of airports in coastal or flood-prone areas. (b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing the results of the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Administrator determines appropriate.", "id": "id8fbc922918c64ff09679ae9ee018bd5d", "header": "Coastal airports resiliency study", "nested": [ { "text": "(a) Study \nThe Administrator shall work with the Administrator of the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers to identify best practices for, and study the feasibility of, improving resiliency of airports in coastal or flood-prone areas.", "id": "id6f67f4e8b732410fa501e92ebd625350", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing the results of the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Administrator determines appropriate.", "id": "id25ddfaa4b3504207a6e5eb3cf6f8bd14", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "636. Survey of power distribution capacity \nSection 47140(a) of title 49, United States Code, is amended by inserting power distribution capacity and location, after back-up power,.", "id": "id7BBAE96612824078AE4CC39057686466", "header": "Survey of power distribution capacity", "nested": [], "links": [] }, { "text": "637. Study on competition and airport access \nNot later than 180 days after the date of enactment of this section, the Secretary shall report to the appropriate committees of Congress— (1) specific actions the Secretary and the Administrator, using existing legal authority, can take to expand access for lower cost passenger air carriers to capacity constrained airports in the United States, including, but not limited to, New York John F. Kennedy International Airport (JFK) and New York/Newark Liberty International Airport (EWR); and (2) any additional legal authority the Secretary and the Administrator require in order to make additional slots at JFK and runway timings at EWR available to lower cost passenger air carriers.", "id": "id8d1df27ee4a6431aa30b450bd81d7700", "header": "Study on competition and airport access", "nested": [], "links": [] }, { "text": "638. Regional airport capacity study \n(a) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study on the following: (1) Existing FAA policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service. (2) Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity. (3) Whether Federal funding sources (existing as of the date of enactment of this section) that are authorized by the Secretary could be used for such purposes. (4) Whether such Federal funding sources meet the needs of the national airspace system for adding new airport capacity outside of the commercial service airports in operation as of the date of enactment of this section. (5) If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap. (b) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate. (c) Guidance \nNot later than 18 months after the date of enactment of this section, the Administrator shall revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.", "id": "idbcab719c7b3e4567832214b5ad86b9a0", "header": "Regional airport capacity study", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study on the following: (1) Existing FAA policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service. (2) Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity. (3) Whether Federal funding sources (existing as of the date of enactment of this section) that are authorized by the Secretary could be used for such purposes. (4) Whether such Federal funding sources meet the needs of the national airspace system for adding new airport capacity outside of the commercial service airports in operation as of the date of enactment of this section. (5) If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap.", "id": "id03a904f3c80d4335b0c62796ff819f71", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "id8bd68731f5d0409eb96457b0d64a9cbb", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Guidance \nNot later than 18 months after the date of enactment of this section, the Administrator shall revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.", "id": "id3f95ed025a3c4cffa33abf2c8d5e4fb4", "header": "Guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "639. Study on autonomous and electric-powered track systems \n(a) Study \nThe Administrator shall conduct a study to develop a standard for autonomous and electric-powered track systems that— (1) are located underneath the pavement at an airport; and (2) allow a transport category aircraft to taxi without the use of the main engines of the aircraft. (b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report detailing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Administrator determines appropriate.", "id": "id2bd81d23c1ce4cd993d8903673793f38", "header": "Study on autonomous and electric-powered track systems", "nested": [ { "text": "(a) Study \nThe Administrator shall conduct a study to develop a standard for autonomous and electric-powered track systems that— (1) are located underneath the pavement at an airport; and (2) allow a transport category aircraft to taxi without the use of the main engines of the aircraft.", "id": "id1623ebe102c84bc1a523957b7431753a", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report detailing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Administrator determines appropriate.", "id": "ide31978c0523f4cf68627727c566c3844", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "640. Special rule for reclassification of certain unclassified airports \n(a) Request for reclassification \n(1) In general \nNot later than September 30, 2024, a privately owned reliever airport (as defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023–2027 (as published under section 47103 of title 49, United States Code) may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a public airport. (2) Required information \nIn submitting a request under paragraph (1), the privately owned reliever airport shall include the following information: (A) A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of FAA Order 5090.5, titled Formulation of the NPIAS and ACIP , (or any successor guidance) to be classified as Local or Basic if the airport was publicly owned. (B) A report that— (i) identifies the role of the airport to the aviation system; and (ii) describes the long-term fiscal viability of the airport based on demonstrated aeronautical activity and associated revenues relative to ongoing operating and maintenance costs. (b) Eligibility review \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the airport's safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources and the quality of the environment, as prescribed by the Secretary. (2) Public sponsor \nIn performing the eligibility review under paragraph (1), the Secretary— (A) may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for transferring the airport to a public sponsor; and (B) may not require the airport to obtain a public sponsor. (c) Reclassification by the Secretary \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met: (A) The request includes the required information under subsection (a)(2). (B) The privately owned reliever airport, to the satisfaction of the Secretary passes the eligibility review performed under subsection (b). (2) Corrective action plan \n(A) In general \nWith respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), the Secretary shall provide notice of disapproval to such airport not later than 60 days after receiving the request under subsection (a)(1), and such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that— (i) resolves any shortcomings identified in such eligibility review; and (ii) proves that any necessary corrective action has been completed by the airport. (B) Evaluation \nNot later than 60 days after receiving a corrective action plan under subparagraph (A), the Secretary shall grant the reclassification request of any privately owned reliever airport if such airport submit such corrective action plan to the satisfaction of the Secretary. (d) Effective date \nThe reclassification of any privately owned reliever airport under this section shall take effect not later than— (1) fiscal year 2025 for any request granted under subsection (c)(1); and (2) fiscal year 2026 for any request granted after the submission of a corrective action plan under subsection (c)(2).", "id": "id80E83B6BE91F4A8B95CC5D6C327FBC0C", "header": "Special rule for reclassification of certain unclassified airports", "nested": [ { "text": "(a) Request for reclassification \n(1) In general \nNot later than September 30, 2024, a privately owned reliever airport (as defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023–2027 (as published under section 47103 of title 49, United States Code) may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a public airport. (2) Required information \nIn submitting a request under paragraph (1), the privately owned reliever airport shall include the following information: (A) A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of FAA Order 5090.5, titled Formulation of the NPIAS and ACIP , (or any successor guidance) to be classified as Local or Basic if the airport was publicly owned. (B) A report that— (i) identifies the role of the airport to the aviation system; and (ii) describes the long-term fiscal viability of the airport based on demonstrated aeronautical activity and associated revenues relative to ongoing operating and maintenance costs.", "id": "id8FC9DFA8D2504701895FF829493003F0", "header": "Request for reclassification", "nested": [], "links": [] }, { "text": "(b) Eligibility review \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the airport's safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources and the quality of the environment, as prescribed by the Secretary. (2) Public sponsor \nIn performing the eligibility review under paragraph (1), the Secretary— (A) may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for transferring the airport to a public sponsor; and (B) may not require the airport to obtain a public sponsor.", "id": "id365090D6ED5F4875BA25D27856D91F3E", "header": "Eligibility review", "nested": [], "links": [] }, { "text": "(c) Reclassification by the Secretary \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met: (A) The request includes the required information under subsection (a)(2). (B) The privately owned reliever airport, to the satisfaction of the Secretary passes the eligibility review performed under subsection (b). (2) Corrective action plan \n(A) In general \nWith respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), the Secretary shall provide notice of disapproval to such airport not later than 60 days after receiving the request under subsection (a)(1), and such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that— (i) resolves any shortcomings identified in such eligibility review; and (ii) proves that any necessary corrective action has been completed by the airport. (B) Evaluation \nNot later than 60 days after receiving a corrective action plan under subparagraph (A), the Secretary shall grant the reclassification request of any privately owned reliever airport if such airport submit such corrective action plan to the satisfaction of the Secretary.", "id": "idE0CFAFEF1BED445C90B2196822AD7D10", "header": "Reclassification by the Secretary", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe reclassification of any privately owned reliever airport under this section shall take effect not later than— (1) fiscal year 2025 for any request granted under subsection (c)(1); and (2) fiscal year 2026 for any request granted after the submission of a corrective action plan under subsection (c)(2).", "id": "idb86630480892429d889cec37ae8fd093", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "641. General aviation airport runway extension pilot program \n(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 611(a), is amended by adding at the end the following new section: 47147. General aviation program runway extension pilot program. \n(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase usable the runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports. (b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length. (c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014). (d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109. (e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports. (f) Funding \n(1) In general \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.. (b) Clerical amendment \nThe analysis for subchapter I of chapter 471 of such title, as amended by section 611(b), is amended by inserting after the item relating to section 47146 the following: 47147. General aviation airport runway extension pilot program..", "id": "idF1254CDAF7E8473FAE91B6313E68454D", "header": "General aviation airport runway extension pilot program", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 611(a), is amended by adding at the end the following new section: 47147. General aviation program runway extension pilot program. \n(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase usable the runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports. (b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length. (c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014). (d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109. (e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports. (f) Funding \n(1) In general \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section..", "id": "id768a178244b84019a7faca9512623bb6", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Clerical amendment \nThe analysis for subchapter I of chapter 471 of such title, as amended by section 611(b), is amended by inserting after the item relating to section 47146 the following: 47147. General aviation airport runway extension pilot program..", "id": "id2f4c217393f04dd28fce514176d3ebc8", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "47147. General aviation program runway extension pilot program. \n(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase usable the runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports. (b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length. (c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014). (d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109. (e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports. (f) Funding \n(1) In general \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.", "id": "id723ecb8062c74f4f97a7dc396215b596", "header": "General aviation program runway extension pilot program.", "nested": [ { "text": "(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase usable the runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports.", "id": "idBC0DB8E7ADD84E719DAC084B4A2D258A", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length.", "id": "idD040F52F7F1548329B29EF522001ECE7", "header": "Grants", "nested": [], "links": [] }, { "text": "(c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014).", "id": "idF8E51F53DE944BFCB2E47489A55119E0", "header": "Project justification", "nested": [], "links": [] }, { "text": "(d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109.", "id": "id3168971CD8E74EF393C23828BFECAB0C", "header": "Federal share", "nested": [], "links": [] }, { "text": "(e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports.", "id": "id457252196A9046548D27137029525C15", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(f) Funding \n(1) In general \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.", "id": "idF77B48FCB4584515A7BC50AA55CE8F86", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "701. Advisory committee for aviation consumer protection \n(a) Extension \nSection 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking 2023 and inserting 2028. (b) Additional members \nSection 411(b) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) foreign air carriers; and (6) nonprofit public interest groups with expertise in disability and accessibility matters..", "id": "id577b9aed252744b2b82a98335e22e559", "header": "Advisory committee for aviation consumer protection", "nested": [ { "text": "(a) Extension \nSection 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking 2023 and inserting 2028.", "id": "ida7907a09e8ab406ab08bd3ab72aa5724", "header": "Extension", "nested": [], "links": [] }, { "text": "(b) Additional members \nSection 411(b) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) foreign air carriers; and (6) nonprofit public interest groups with expertise in disability and accessibility matters..", "id": "id81f7ae0af5ff49ccb814fd8eec63375e", "header": "Additional members", "nested": [], "links": [] } ], "links": [] }, { "text": "702. Unrealistic or deceptive scheduling \n(a) In general \nSection 41712 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Unrealistic or deceptive scheduling \nIt shall be an unfair or deceptive practice and an unfair method of competition under subsection (a) for any air carrier or foreign air carrier providing scheduled passenger air transportation to engage in unrealistic or deceptive scheduling of flights, as determined by the Secretary of Transportation subject to an investigation and finding, if any, that an air carrier or foreign air carrier engaged in the unrealistic or deceptive scheduling of flights.. (b) Rule of construction \nNothing in this section shall be construed to limit the authority of the Secretary under section 41712(a) of title 49, United States Code, or the ability of the Secretary to act pursuant to the authority under section 399.81 of title 14, Code of Federal Regulations, with respect to any activity of an air carrier or foreign air carrier that occurred prior to the date of enactment of subsection (d) of section 41712 of such title 49, as added by subsection (a) of this section. (c) Aviation Consumer Protection Advisory Committee recommendations \n(1) In general \nNot later than 90 days after the date of enactment of this section, the Secretary shall require the Aviation Consumer Protection Advisory Committee to provide to the Secretary recommendations regarding the types of practices or circumstances that qualify as unrealistic or deceptive scheduling of flights, including whether scheduling flights in light of technological deficiencies or workforce shortcomings that were known to an air carrier or foreign air carrier at the time of such scheduling qualifies as unrealistic or deceptive scheduling. (2) Rulemaking \nNot later than 90 days after receiving the recommendations under paragraph (1), the Secretary shall initiate a rulemaking to implement any such recommendations determined appropriate by the Secretary.", "id": "id94db1835efe2405aa8a1ece519a1e213", "header": "Unrealistic or deceptive scheduling", "nested": [ { "text": "(a) In general \nSection 41712 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Unrealistic or deceptive scheduling \nIt shall be an unfair or deceptive practice and an unfair method of competition under subsection (a) for any air carrier or foreign air carrier providing scheduled passenger air transportation to engage in unrealistic or deceptive scheduling of flights, as determined by the Secretary of Transportation subject to an investigation and finding, if any, that an air carrier or foreign air carrier engaged in the unrealistic or deceptive scheduling of flights..", "id": "id8eeb69ab25fa4fde8086b7a42b811192", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nNothing in this section shall be construed to limit the authority of the Secretary under section 41712(a) of title 49, United States Code, or the ability of the Secretary to act pursuant to the authority under section 399.81 of title 14, Code of Federal Regulations, with respect to any activity of an air carrier or foreign air carrier that occurred prior to the date of enactment of subsection (d) of section 41712 of such title 49, as added by subsection (a) of this section.", "id": "ida920a9c3ff744f0eb6d0cba5e1513f39", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(c) Aviation Consumer Protection Advisory Committee recommendations \n(1) In general \nNot later than 90 days after the date of enactment of this section, the Secretary shall require the Aviation Consumer Protection Advisory Committee to provide to the Secretary recommendations regarding the types of practices or circumstances that qualify as unrealistic or deceptive scheduling of flights, including whether scheduling flights in light of technological deficiencies or workforce shortcomings that were known to an air carrier or foreign air carrier at the time of such scheduling qualifies as unrealistic or deceptive scheduling. (2) Rulemaking \nNot later than 90 days after receiving the recommendations under paragraph (1), the Secretary shall initiate a rulemaking to implement any such recommendations determined appropriate by the Secretary.", "id": "id13cf03deba6542d3bb926fe5a0b12ce9", "header": "Aviation Consumer Protection Advisory Committee recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "703. Refunds \n(a) In general \nChapter 423 of title 49, United States Code, is amended by inserting after section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights \n(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c). (b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund. (c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if the offer includes a clear and conspicuous notice of— (1) the terms of the offer; and (2) the passenger's right to a full refund under this section. (d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time. (e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights. 42306. Refund portal \n(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund. (b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.. (b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights. 42306. Refund Portal..", "id": "id6b450c97a3eb449fbfedcb577088879c", "header": "Refunds", "nested": [ { "text": "(a) In general \nChapter 423 of title 49, United States Code, is amended by inserting after section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights \n(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c). (b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund. (c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if the offer includes a clear and conspicuous notice of— (1) the terms of the offer; and (2) the passenger's right to a full refund under this section. (d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time. (e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights. 42306. Refund portal \n(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund. (b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats..", "id": "id7E4C055567EA487AA5647AA52FE05A90", "header": "In general", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights. 42306. Refund Portal..", "id": "idAE3122DAAFD74A60B550F415CF5E6C9F", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" } ] }, { "text": "42305. Refunds for cancelled or significantly delayed or changed flights \n(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c). (b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund. (c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if the offer includes a clear and conspicuous notice of— (1) the terms of the offer; and (2) the passenger's right to a full refund under this section. (d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time. (e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.", "id": "id010D788A9E7F42A2BA43314D79B5D90E", "header": "Refunds for cancelled or significantly delayed or changed flights", "nested": [ { "text": "(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c).", "id": "id62864691FF4E460BABA4DE657B721364", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund.", "id": "idc407381823fd4c41af6ac60917fec263", "header": "Timing of refund", "nested": [], "links": [] }, { "text": "(c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if the offer includes a clear and conspicuous notice of— (1) the terms of the offer; and (2) the passenger's right to a full refund under this section.", "id": "id9ac39c6c06f84434b773c331f594873f", "header": "Alternative to refund", "nested": [], "links": [] }, { "text": "(d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time.", "id": "id03711a8a09044c2db34be83edd26965a", "header": "Significantly delayed or changed flight", "nested": [], "links": [] }, { "text": "(e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.", "id": "id2a9ad792a5a1414a93963fd70b93ac58", "header": "Application to ticket agents", "nested": [], "links": [] } ], "links": [] }, { "text": "42306. Refund portal \n(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund. (b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.", "id": "id4a904bee349c4f63a1e7af303fa75d04", "header": "Refund portal", "nested": [ { "text": "(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund.", "id": "id219a93fe72304b13b3827ba9945dad42", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.", "id": "id7164281659b2498fbdae0aa4588c03ac", "header": "Covered entity defined", "nested": [], "links": [] } ], "links": [] }, { "text": "704. Airline passenger rights transparency act \n(a) Findings \nCongress finds the following: (1) Air travel is an essential part of modern life, and passengers have certain rights and protections under the law. (2) Passengers are often not aware of such rights and protections under the law. (3) To address this problem, airports, air carriers, and foreign air carriers must provide clear and concise information regarding passenger rights in a manner that is easily accessible and understandable to all passengers. (b) Transparency requirements \n(1) Consumer complaints \nSection 42302 of title 49, United States Code, is amended by adding at the end the following new subsection: (f) Notice to passengers on electronic flight itinerary ticket confirmation \nEach air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.. (2) Know your rights posters \n(A) In general \nChapter 423 of title 49, United States Code, as amended by section 703(a), is amended by inserting after section 42306 the following: 42307. Know your rights posters \n(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage. (b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.. (B) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 703(b), is amended by inserting after the item relating to section 42306 the following: 42307. Know your rights posters.. (3) Effective date \nThe amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this section.", "id": "id92b229cae34945339cf50e3c0f19b462", "header": "Airline passenger rights transparency act", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Air travel is an essential part of modern life, and passengers have certain rights and protections under the law. (2) Passengers are often not aware of such rights and protections under the law. (3) To address this problem, airports, air carriers, and foreign air carriers must provide clear and concise information regarding passenger rights in a manner that is easily accessible and understandable to all passengers.", "id": "id3cf0f719f71648608ecaadf28247e398", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Transparency requirements \n(1) Consumer complaints \nSection 42302 of title 49, United States Code, is amended by adding at the end the following new subsection: (f) Notice to passengers on electronic flight itinerary ticket confirmation \nEach air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.. (2) Know your rights posters \n(A) In general \nChapter 423 of title 49, United States Code, as amended by section 703(a), is amended by inserting after section 42306 the following: 42307. Know your rights posters \n(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage. (b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.. (B) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 703(b), is amended by inserting after the item relating to section 42306 the following: 42307. Know your rights posters.. (3) Effective date \nThe amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this section.", "id": "idF1F5AB243AAA44EE9D1F53E3915AAEFD", "header": "Transparency requirements", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42307. Know your rights posters \n(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage. (b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.", "id": "idd343366446c542b2a23280a03edbb916", "header": "Know your rights posters", "nested": [ { "text": "(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage.", "id": "id2e4c885527574cd58c93ee3cfd359792", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.", "id": "id553a384c9bba4e4b8375e0c69079e166", "header": "Location", "nested": [], "links": [] } ], "links": [] }, { "text": "705. Disclosure of ancillary fees \n(a) Flexibility \n(1) In general \nIn determining whether a practice is an unfair or deceptive practice under section 41712 of title 49, United States Code, with respect to the disclosure of ancillary fees, the Secretary, shall provide air carriers, foreign air carriers, and ticket agents with the flexibility to develop the manner in which such information is transmitted to consumers as long as such information (consistent with the objective of assuring that consumers are provided with useable, current, and accurate information on critical ancillary fees in a format that the consumer can easily compare multiple flight options) is— (A) presented to the consumer in a reasonable and transparent manner prior to booking; and (B) displayed in a format that assists the consumer in making more informed decisions. (2) Critical ancillary fees defined \nFor purposes of paragraph (1), the term critical ancillary fees means— (A) fees for— (i) the first and second checked bag of an airline passenger; (ii) one carry-on bag of an airline passenger; (iii) changing or canceling a reservation; and (iv) adjacent seating when traveling with a child that is 13 years of age or younger; and (B) any other fees for ancillary services that are identified by the Secretary in the rule finalizing the proposed rule published by the Secretary on March 3, 2023, and titled Enhancing Transparency of Airline Ancillary Service Fees (88 Fed. Reg. 13389) as being critical to consumers in choosing among air transportation options. (b) Ticket agents \nThe Secretary shall not find that a ticket agent is out of compliance with a requirement in the final rule described in subsection (a)(2)(B) with respect to the disclosure of critical ancillary fees if the Secretary determines that such noncompliance is due to the failure of an air carrier or foreign air carrier to provide the ticket agent with the information required to comply with such requirement.", "id": "id668b8f7269de48c8baee79a946fb8b41", "header": "Disclosure of ancillary fees", "nested": [ { "text": "(a) Flexibility \n(1) In general \nIn determining whether a practice is an unfair or deceptive practice under section 41712 of title 49, United States Code, with respect to the disclosure of ancillary fees, the Secretary, shall provide air carriers, foreign air carriers, and ticket agents with the flexibility to develop the manner in which such information is transmitted to consumers as long as such information (consistent with the objective of assuring that consumers are provided with useable, current, and accurate information on critical ancillary fees in a format that the consumer can easily compare multiple flight options) is— (A) presented to the consumer in a reasonable and transparent manner prior to booking; and (B) displayed in a format that assists the consumer in making more informed decisions. (2) Critical ancillary fees defined \nFor purposes of paragraph (1), the term critical ancillary fees means— (A) fees for— (i) the first and second checked bag of an airline passenger; (ii) one carry-on bag of an airline passenger; (iii) changing or canceling a reservation; and (iv) adjacent seating when traveling with a child that is 13 years of age or younger; and (B) any other fees for ancillary services that are identified by the Secretary in the rule finalizing the proposed rule published by the Secretary on March 3, 2023, and titled Enhancing Transparency of Airline Ancillary Service Fees (88 Fed. Reg. 13389) as being critical to consumers in choosing among air transportation options.", "id": "id4b025c03918f45cbbe0a166cdb9570a1", "header": "Flexibility", "nested": [], "links": [] }, { "text": "(b) Ticket agents \nThe Secretary shall not find that a ticket agent is out of compliance with a requirement in the final rule described in subsection (a)(2)(B) with respect to the disclosure of critical ancillary fees if the Secretary determines that such noncompliance is due to the failure of an air carrier or foreign air carrier to provide the ticket agent with the information required to comply with such requirement.", "id": "ide459a999c3824b74b653ddeb12e406ef", "header": "Ticket agents", "nested": [], "links": [] } ], "links": [] }, { "text": "706. Access to customer service assistance for all travelers \n(a) Findings \nCongress finds the following: (1) In the event of a cancelled or delayed flight, it is important for customers to be able easily access information about the status of their flight and any alternative flight options. (2) During a period of mass cancellations, customers may be unable to easily connect, either in-person or through a toll-free customer service phone number, with a customer service representative of an air carrier. (3) While many air carriers have robust online and smart phone application chat resources, many customers may not have access to those resources, and customers often have time-sensitive questions that cannot be answered through an automated service or website. (4) Not all customers of air carriers are able to easily use online and chat resources. (5) Customers should be able to access real-time assistance from customer service agents of air carriers without an excessive wait time, particularly during times of mass disruptions. (b) Transparency requirements \n(1) Consumer complaints \nSection 42302 of title 49, United States Code, as amended by section 704(b), is amended by adding at the end the following new subsection: (g) Notice to passengers on electronic flight itinerary ticket confirmation \nEach air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.. (2) Requirement to maintain a live customer chat or monitored text messaging number \n(A) In general \nChapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number \n(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis. (b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section. (c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats. (d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.. (B) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after the item relating to section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number..", "id": "id8f8d1322eee848dda14d5fe03a20b833", "header": "Access to customer service assistance for all travelers", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) In the event of a cancelled or delayed flight, it is important for customers to be able easily access information about the status of their flight and any alternative flight options. (2) During a period of mass cancellations, customers may be unable to easily connect, either in-person or through a toll-free customer service phone number, with a customer service representative of an air carrier. (3) While many air carriers have robust online and smart phone application chat resources, many customers may not have access to those resources, and customers often have time-sensitive questions that cannot be answered through an automated service or website. (4) Not all customers of air carriers are able to easily use online and chat resources. (5) Customers should be able to access real-time assistance from customer service agents of air carriers without an excessive wait time, particularly during times of mass disruptions.", "id": "id5cb5bf3ccf58406db30b39b1ec972f52", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Transparency requirements \n(1) Consumer complaints \nSection 42302 of title 49, United States Code, as amended by section 704(b), is amended by adding at the end the following new subsection: (g) Notice to passengers on electronic flight itinerary ticket confirmation \nEach air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.. (2) Requirement to maintain a live customer chat or monitored text messaging number \n(A) In general \nChapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number \n(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis. (b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section. (c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats. (d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.. (B) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after the item relating to section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number..", "id": "ide42471489bb64c8395ddbebde4a7a2de", "header": "Transparency requirements", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42308. Requirement to maintain a live customer chat or monitored text messaging number \n(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis. (b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section. (c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats. (d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.", "id": "id04DC65EDBCA84EFB8EDEC9A7C620913B", "header": "Requirement to maintain a live customer chat or monitored text messaging number", "nested": [ { "text": "(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis.", "id": "id17ccbade2e4b4b8fb5e8dc097135b3c3", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section.", "id": "idb66ca06da1fd48d9a7a37ba06fbd8a19", "header": "Rulemaking authority", "nested": [], "links": [] }, { "text": "(c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.", "id": "id6D7EF7D81FBF46B6A82E26B09A934D2E", "header": "Covered air carrier defined", "nested": [], "links": [] }, { "text": "(d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.", "id": "idca41d4f4f2244e7b9470ee75d6981662", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "707. Frequent flyer programs and vouchers \n(a) In general \nChapter 423 of title 49, United States Code, as amended by section 706(b), is amended by inserting after section 42308 the following new section: 42309. Frequent flyer programs \n(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation. (b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.. (b) Clerical amendment \nThe analysis for chapter 423 of such title, as amended by section 706(b), is amended by inserting after the item relating to section 42308 the following: 42309. Frequent flyer programs..", "id": "idf7630daa39f74e0bb6de1f7e9d873526", "header": "Frequent flyer programs and vouchers", "nested": [ { "text": "(a) In general \nChapter 423 of title 49, United States Code, as amended by section 706(b), is amended by inserting after section 42308 the following new section: 42309. Frequent flyer programs \n(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation. (b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier..", "id": "idcd94e599007e4d3f983ab6ad7c995646", "header": "In general", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 423 of such title, as amended by section 706(b), is amended by inserting after the item relating to section 42308 the following: 42309. Frequent flyer programs..", "id": "iddd944f64ee6c4422a48f6338af94a66e", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42309. Frequent flyer programs \n(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation. (b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.", "id": "id40d7da0166374b4f94640082fe26be28", "header": "Frequent flyer programs", "nested": [ { "text": "(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation.", "id": "id79ebb4b505c1439ea4e5f2c1bad47552", "header": "Reduction in benefits", "nested": [], "links": [] }, { "text": "(b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit.", "id": "idae9d548998bf4caf9cc9aa6852869287", "header": "Expiration of benefits", "nested": [], "links": [] }, { "text": "(c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.", "id": "id76928fda38d14f3590a3d6947ea24fa9", "header": "Definition of frequent flyer program", "nested": [], "links": [] } ], "links": [] }, { "text": "708. Airline customer service dashboards \n(a) Dashboards \n(1) In general \nChapter 423 of title 49, United States Code, as amended by section 707(a), is amended by inserting after section 42309 the following: 42310. DOT airline customer service dashboards \n(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier. (b) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating. (c) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2). (d) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.. (2) Establishment \nThe Secretary shall establish each of the online dashboards required by section 42310(a) of title 49, United States Code, not later than 30 days after the date of enactment of this section. (b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 707(b), is amended by inserting after the item relating to section 42309 the following: 42310. DOT airline customer service dashboards..", "id": "idae7b8c23d9bf4130b639e074afd4a700", "header": "Airline customer service dashboards", "nested": [ { "text": "(a) Dashboards \n(1) In general \nChapter 423 of title 49, United States Code, as amended by section 707(a), is amended by inserting after section 42309 the following: 42310. DOT airline customer service dashboards \n(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier. (b) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating. (c) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2). (d) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.. (2) Establishment \nThe Secretary shall establish each of the online dashboards required by section 42310(a) of title 49, United States Code, not later than 30 days after the date of enactment of this section.", "id": "id8259B2EA2FDA4D0F95E04BE9187A2206", "header": "Dashboards", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 707(b), is amended by inserting after the item relating to section 42309 the following: 42310. DOT airline customer service dashboards..", "id": "id94901503786E42D7AE9AAED3A686AC17", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42310. DOT airline customer service dashboards \n(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier. (b) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating. (c) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2). (d) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.", "id": "id934F3A27A9A44C42B451724160F3FB89", "header": "DOT airline customer service dashboards", "nested": [ { "text": "(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier.", "id": "id59823c950c0d41e0abd557a9a6356365", "header": "Requirement to establish and maintain publicly available dashboards", "nested": [], "links": [] }, { "text": "(b) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating.", "id": "ide00968fc3ef1410199beb616c190c8e2", "header": "Bureau of Transportation Statistics", "nested": [], "links": [] }, { "text": "(c) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2).", "id": "idf1224b7b76d147c8a9cd9b6e9652eba0", "header": "Air travel consumer report", "nested": [], "links": [] }, { "text": "(d) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.", "id": "idB198FE5BAB784F2F85C27398F304FFCA", "header": "Provision of information", "nested": [], "links": [] } ], "links": [] }, { "text": "709. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights \nSection 106(g) of title 49, United States Code, is amended by adding at the end the following new paragraph: (3) Annually, (and more frequently as needed) brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the following: (A) The efforts, activities, objectives, and plans of the Administration in continuing to address ongoing concerns about passenger protections during operational meltdowns of air carriers and foreign air carriers. (B) The efforts of the Administration to engage with Congress and the public on issues related to operational meltdowns of air carriers and foreign air carriers..", "id": "id08fc0bcd3f8c4a0983786f98bca4c407", "header": "Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights", "nested": [], "links": [] }, { "text": "710. Enhancing child safety \n(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue new or revised guidance that provides testing standards to allow for the use of a child restraint system on a covered aircraft that meets such testing standards, without regard to whether such child restraint system also meets the standards set forth in section 571.213 of title 49, Code of Federal Regulations. (b) Covered aircraft defined \nIn this section, the term covered aircraft means an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.", "id": "iddfb9c59816424214bc2426982bbe3976", "header": "Enhancing child safety", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue new or revised guidance that provides testing standards to allow for the use of a child restraint system on a covered aircraft that meets such testing standards, without regard to whether such child restraint system also meets the standards set forth in section 571.213 of title 49, Code of Federal Regulations.", "id": "id3ee3ffbe27d14059b56a87d5cd4ac04d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered aircraft defined \nIn this section, the term covered aircraft means an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.", "id": "id378f0dc2d942439ba819bd80bd53bde7", "header": "Covered aircraft defined", "nested": [], "links": [] } ], "links": [] }, { "text": "711. Codification of consumer protection provisions \n(a) Section 429 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 429 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 42301 note prec.) is amended— (A) by transferring such section to appear after section 41726 of title 49, United States Code; (B) by redesignating such section as section 41727 of such title 49; and (C) by amending the section heading of such section to read as follows: 41727. Passenger Rights \n. (2) Technical amendment \nSection 41727 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended, in subsection (a), by striking Not later than 90 days after the date of enactment of this Act, the Secretary and inserting The Secretary. (b) Section 434 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 434 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended— (A) by transferring such section to appear after section 41727 of title 49, United States Code, as transferred and redesignated by subsection (a)(1); (B) by redesignating such section 434 as section 41728 of such title 49; and (C) by amending the section heading of such section 41728 to read as follows: 41728. Airline passengers with disabilities bill of rights \n. (2) Technical amendment \nSection 41728 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended— (A) in subsection (a), by striking the section 41705 and inserting section 41705 ; (B) in subsection (c), by striking the date of enactment of this Act and inserting the date of enactment of the FAA Reauthorization Act of 2018 ; and (C) in subsection (f), by striking ensure employees and inserting ensure that employees. (c) Clerical amendment \nThe analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41727. Passenger rights. 41728. Airline passengers with disabilities bill of rights..", "id": "idceb918c69dec43fdb8180c1e25d01e30", "header": "Codification of consumer protection provisions", "nested": [ { "text": "(a) Section 429 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 429 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 42301 note prec.) is amended— (A) by transferring such section to appear after section 41726 of title 49, United States Code; (B) by redesignating such section as section 41727 of such title 49; and (C) by amending the section heading of such section to read as follows: 41727. Passenger Rights \n. (2) Technical amendment \nSection 41727 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended, in subsection (a), by striking Not later than 90 days after the date of enactment of this Act, the Secretary and inserting The Secretary.", "id": "idfecac8400ed24aa2ab853867b89b91ce", "header": "Section 429 of the FAA Reauthorization Act of 2018", "nested": [], "links": [ { "text": "49 U.S.C. 42301", "legal-doc": "usc", "parsable-cite": "usc/49/42301" } ] }, { "text": "(b) Section 434 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 434 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended— (A) by transferring such section to appear after section 41727 of title 49, United States Code, as transferred and redesignated by subsection (a)(1); (B) by redesignating such section 434 as section 41728 of such title 49; and (C) by amending the section heading of such section 41728 to read as follows: 41728. Airline passengers with disabilities bill of rights \n. (2) Technical amendment \nSection 41728 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended— (A) in subsection (a), by striking the section 41705 and inserting section 41705 ; (B) in subsection (c), by striking the date of enactment of this Act and inserting the date of enactment of the FAA Reauthorization Act of 2018 ; and (C) in subsection (f), by striking ensure employees and inserting ensure that employees.", "id": "id690627ab0165490ea2ba32708fd6e457", "header": "Section 434 of the FAA Reauthorization Act of 2018", "nested": [], "links": [ { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" } ] }, { "text": "(c) Clerical amendment \nThe analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41727. Passenger rights. 41728. Airline passengers with disabilities bill of rights..", "id": "idcda3242d10b543889c2917b2cea64af7", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" } ] } ], "links": [ { "text": "49 U.S.C. 42301", "legal-doc": "usc", "parsable-cite": "usc/49/42301" }, { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" }, { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" } ] }, { "text": "41727. Passenger Rights", "id": "id57f310648d814c71a87ea911921faaab", "header": "Passenger Rights", "nested": [], "links": [] }, { "text": "41728. Airline passengers with disabilities bill of rights", "id": "id2D901690850547858BEA60816054C9E4", "header": "Airline passengers with disabilities bill of rights", "nested": [], "links": [] }, { "text": "712. GAO study on competition and consolidation in the air carrier industry \n(a) Study \nThe Comptroller General shall conduct a study assessing competition and consolidation in the United States air carrier industry. Such study shall include an assessment of— (1) the history of mergers in the United States air carrier industry, including whether any claimed efficiencies have been realized; (2) the effect of consolidation in the United States air carrier industry, if any, on consumers; (3) the effect of consolidation in the United States air carrier industry, if any, on air transportation service in small and rural markets; and (4) the current state of competition in the United States air carrier industry as of the date of enactment of this section. (b) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id292ba215f3ff4051997694b67637eca9", "header": "GAO study on competition and consolidation in the air carrier industry", "nested": [ { "text": "(a) Study \nThe Comptroller General shall conduct a study assessing competition and consolidation in the United States air carrier industry. Such study shall include an assessment of— (1) the history of mergers in the United States air carrier industry, including whether any claimed efficiencies have been realized; (2) the effect of consolidation in the United States air carrier industry, if any, on consumers; (3) the effect of consolidation in the United States air carrier industry, if any, on air transportation service in small and rural markets; and (4) the current state of competition in the United States air carrier industry as of the date of enactment of this section.", "id": "id6ffbeb0ba08842aa82bd603efb161c02", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id33b3827464ba41e386cd2d9d937c8d68", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "713. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards \n(a) Study \n(1) In general \nThe Comptroller General shall study and assess the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions. (2) Requirements \nAs part of the study required by paragraph (1), the Comptroller General shall assess the following: (A) The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning. (B) How the FAA oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions. (C) Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions. (b) Briefing and report \n(1) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (2) Report \nNot later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Definition of air carrier \nIn this section, the term air carrier has the meaning given that term in section 40102 of title 49, United States Code.", "id": "id52a4523bfd484e07b50f7f6b7e1db247", "header": "GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards", "nested": [ { "text": "(a) Study \n(1) In general \nThe Comptroller General shall study and assess the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions. (2) Requirements \nAs part of the study required by paragraph (1), the Comptroller General shall assess the following: (A) The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning. (B) How the FAA oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions. (C) Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions.", "id": "id0f56ff0846bd420aa04f057bd45fd61e", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Briefing and report \n(1) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (2) Report \nNot later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id59300f9c44a44f45a0461a7f4d7d4e3a", "header": "Briefing and report", "nested": [], "links": [] }, { "text": "(c) Definition of air carrier \nIn this section, the term air carrier has the meaning given that term in section 40102 of title 49, United States Code.", "id": "id4becc2f9c2d54e349e8cdedbec335805", "header": "Definition of air carrier", "nested": [], "links": [] } ], "links": [] }, { "text": "714. Increase in civil penalties \n(a) In general \nSection 46301(a) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking $25,000 and inserting $50,000. (b) Effective date \nThe amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment. (c) Conforming regulations \nThe Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).", "id": "idb441c3f19c014686b7cdbd6cab8da657", "header": "Increase in civil penalties", "nested": [ { "text": "(a) In general \nSection 46301(a) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking $25,000 and inserting $50,000.", "id": "id1f3ca60750614e38ab1a23058777e8ce", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment.", "id": "id5c61d7a0643946dd956916beac03f50d", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Conforming regulations \nThe Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).", "id": "ide5a5a24691874af58eb339e31f1df77f", "header": "Conforming regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "715. Family seating \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to sit each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight. (b) Prohibition on fees \nThe notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service. (c) Rule of construction \nNotwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section. (d) Young child \nIn this section, the term young child means an individual who has not attained 14 years of age.", "id": "H7A6F147BF3B84006A8D5495DB3E4B3ED", "header": "Family seating", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to sit each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight.", "id": "HD2371F33E00748B7AFF3CFF37949435F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on fees \nThe notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service.", "id": "H27416C43BA3E4C0FAC3C7F224FE7B3C9", "header": "Prohibition on fees", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNotwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section.", "id": "HCE03EA9BC74B416291C46C3158066369", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(d) Young child \nIn this section, the term young child means an individual who has not attained 14 years of age.", "id": "H7A4328BDDCF24DDDA757CB42663B2168", "header": "Young child", "nested": [], "links": [] } ], "links": [] }, { "text": "716. Establishment of Office of Aviation Consumer Protection \nSection 102 of title 49, United States Code, is amended— (1) in subsection (e)(1)— (A) in the matter preceding subparagraph (A), by striking 7 and inserting 8 ; and (B) in subparagraph (A), by striking and an Assistant Secretary for Transportation Policy and inserting an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection ; and (2) by adding at the end the following: (j) Office of Aviation Consumer Protection \n(1) Establishment \nThere is established in the Department an Office of Aviation Consumer Protection (referred to in this subsection as the Office ) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including those under section 41712— (A) to assist, educate, and protect passengers; (B) to monitor compliance with, conduct investigations relating to, and enforce, including by taking appropriate action to address violations of, aviation consumer protection, civil rights, and aviation economic requirements; and (C) to promulgate, as appropriate, aviation consumer protection and civil rights regulations. (2) Leadership \nThe Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (referred to in this subsection as the Assistant Secretary ). (3) Transition \nNot later than 180 days after the date of enactment of this subsection, the Office of Aviation Consumer Protection that is a unit within the Office of the General Counsel of the Department which is headed by the Assistant General Counsel for Aviation Consumer Protection, shall cease to exist. The Department shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and those employees shall be transferred from the Office of the General Counsel as appropriate to the newly established Office of Aviation Consumer Protection. To the extent the Office of the General Counsel retains any attorney or hires any new attorney to advise the newly established Office of Aviation Consumer Protection, those attorneys will be located in the remaining offices within the Office of the General Counsel. (4) Coordination \nThe Assistant Secretary shall coordinate with the General Counsel appointed under subsection (e)(1)(E), in accordance with section 1.26 of title 49, Code of Federal Regulations (or a successor regulation), on all legal matters relating to— (A) aviation consumer protection; and (B) the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1). (5) Annual report \nThe Assistant Secretary shall submit to the Secretary, who shall submit to Congress and make publicly available on the website of the Department, an annual report that, with respect to matters under the jurisdiction of the Department, or otherwise within the statutory authority of the Department— (A) analyzes trends in aviation consumer protection, civil rights, and licensing; (B) identifies major challenges facing passengers; and (C) addresses any other relevant issues, as the Assistant Secretary determines to be appropriate. (6) Funding \nThere is authorized to be appropriated $12,000,000 for fiscal year 2024, $13,000,000 for fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal year 2027, and $16,000,000 for fiscal year 2028..", "id": "id83c2536277c643439282644fb4e64186", "header": "Establishment of Office of Aviation Consumer Protection", "nested": [], "links": [] }, { "text": "731. Extension of the advisory committee on the air travel needs of passengers with disabilities \nSection 439(g) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended by striking 2023 and inserting 2028.", "id": "H9DC55B15BAC0421F91B25A0DCD0E5165", "header": "Extension of the advisory committee on the air travel needs of passengers with disabilities", "nested": [], "links": [ { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" } ] }, { "text": "732. Modernization and improvements to aircraft evacuation \n(a) Study \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Contents \n(A) Requirements \nThe study required by paragraph (1) shall include— (i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards; (ii) an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; (iii) an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely to efficiently evacuate an aircraft; (iv) the research proposed in National Transportation Safety Board Safety Recommendation A-18-009; and (v) any other analysis determined appropriate by the Administrator. (B) Considerations \nIn conducting the study under paragraph (1), the Administrator shall assess the following: (i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane. (ii) The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane. (iii) The ability of passengers with disabilities to safety and efficiently evacuate a transport category airplane. (iv) The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane. (v) The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane. (vi) The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (vii) The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane. (viii) The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane. (ix) With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane. (x) The impact of passenger load (the number of passengers relative to the number of seats on board the aircraft) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (xi) The impact of service animals on the ability of passengers (including such service animals and their handlers) to safely and efficiently evacuate a transport category airplane. (xii) Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing when the Administrator determines that the new aircraft design is significant. (xiii) Any other factor determined appropriate by the Administrator. (C) Passengers with disabilities defined \nFor purposes of this paragraph, the term passengers with disabilities means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations. (b) Aviation Rulemaking Committee for evacuation standards \n(1) In general \nNot later than 180 days after the completion of the study under subsection (a), the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review the findings of the study and develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Representatives of aviation labor organizations. (C) Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121. (D) Representatives of the disability community with specific knowledge of accessibility standards regarding evacuations in emergency circumstances. (E) Representatives of the senior citizen community. (F) Representatives of pediatricians. (3) Considerations \nIn reviewing the findings of the study under subsection (a) and developing recommendations regarding the improvement of the evacuation standards, the Committee shall consider the following: (A) The recommendations made by any prior Aviation Rulemaking Committee regarding the evacuation standards described in such parts 25 and 121. (B) Scientific data derived from the study under subsection (a). (C) Any data gathered from aviation safety reporting programs. (D) The cost-benefit analysis and risk analysis of any recommended standards. (E) Any other item determined appropriate by the Committee. (c) Report to Congress \nNot later than 180 days after the date on which the Committee submits recommendations under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on— (1) the findings of the study conducted under subsection (a); (2) the recommendations of the Committee under subsection (b); and (3) the Administrator's plan, if any, to implement such recommendations. (d) Rulemaking \nNot later than 90 days after submitting the report to Congress under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator deems appropriate.", "id": "idf47523438d6047e099e7bac7cda9b9ea", "header": "Modernization and improvements to aircraft evacuation", "nested": [ { "text": "(a) Study \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Contents \n(A) Requirements \nThe study required by paragraph (1) shall include— (i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards; (ii) an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; (iii) an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely to efficiently evacuate an aircraft; (iv) the research proposed in National Transportation Safety Board Safety Recommendation A-18-009; and (v) any other analysis determined appropriate by the Administrator. (B) Considerations \nIn conducting the study under paragraph (1), the Administrator shall assess the following: (i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane. (ii) The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane. (iii) The ability of passengers with disabilities to safety and efficiently evacuate a transport category airplane. (iv) The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane. (v) The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane. (vi) The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (vii) The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane. (viii) The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane. (ix) With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane. (x) The impact of passenger load (the number of passengers relative to the number of seats on board the aircraft) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (xi) The impact of service animals on the ability of passengers (including such service animals and their handlers) to safely and efficiently evacuate a transport category airplane. (xii) Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing when the Administrator determines that the new aircraft design is significant. (xiii) Any other factor determined appropriate by the Administrator. (C) Passengers with disabilities defined \nFor purposes of this paragraph, the term passengers with disabilities means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations.", "id": "id4df4314d2a4a48309ff4b94fe61630bb", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Aviation Rulemaking Committee for evacuation standards \n(1) In general \nNot later than 180 days after the completion of the study under subsection (a), the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review the findings of the study and develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Representatives of aviation labor organizations. (C) Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121. (D) Representatives of the disability community with specific knowledge of accessibility standards regarding evacuations in emergency circumstances. (E) Representatives of the senior citizen community. (F) Representatives of pediatricians. (3) Considerations \nIn reviewing the findings of the study under subsection (a) and developing recommendations regarding the improvement of the evacuation standards, the Committee shall consider the following: (A) The recommendations made by any prior Aviation Rulemaking Committee regarding the evacuation standards described in such parts 25 and 121. (B) Scientific data derived from the study under subsection (a). (C) Any data gathered from aviation safety reporting programs. (D) The cost-benefit analysis and risk analysis of any recommended standards. (E) Any other item determined appropriate by the Committee.", "id": "idb2eb5a663700419284f4877f06b1f947", "header": "Aviation Rulemaking Committee for evacuation standards", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than 180 days after the date on which the Committee submits recommendations under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on— (1) the findings of the study conducted under subsection (a); (2) the recommendations of the Committee under subsection (b); and (3) the Administrator's plan, if any, to implement such recommendations.", "id": "id9a0f402d6d70452db7c8ce910649d634", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(d) Rulemaking \nNot later than 90 days after submitting the report to Congress under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator deems appropriate.", "id": "id2e5419bbea1c4177bb504c2ecd3c5b9c", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "733. Improved training standards for assisting passengers who use wheelchairs \n(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must board or deplane using an aisle chair or other boarding device. (b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for providing aisle chair assistance; and (2) be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device: (A) How to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features. (B) How to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer. (C) How to effectively communicate with, and take instruction from, the passenger. (c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in administering and auditing training; (2) whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; (3) whether air carriers and foreign air carriers should be required to use their own personnel instead of contractors for boarding passengers with limited or no mobility; and (4) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training from medical professionals on how to properly lift these passengers. (d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. (e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "id504c32c847dc48b9b6d4f3b43cacf1a1", "header": "Improved training standards for assisting passengers who use wheelchairs", "nested": [ { "text": "(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must board or deplane using an aisle chair or other boarding device.", "id": "id38d4ee11139b4b93b6fd216647d0fa41", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for providing aisle chair assistance; and (2) be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device: (A) How to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features. (B) How to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer. (C) How to effectively communicate with, and take instruction from, the passenger.", "id": "id5645653c93364e43b13a95685fd6a778", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in administering and auditing training; (2) whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; (3) whether air carriers and foreign air carriers should be required to use their own personnel instead of contractors for boarding passengers with limited or no mobility; and (4) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training from medical professionals on how to properly lift these passengers.", "id": "id556da565b7ec4be5a911ca8f10985c71", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.", "id": "id02add87727db448a8c6a1527a957fc3c", "header": "Final rule", "nested": [], "links": [] }, { "text": "(e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "id64D052D56822450584BB26CAAF53B791", "header": "Penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "734. Training standards for stowage of wheelchairs and scooters \n(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters on aircraft. (b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and (2) be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter: (A) How to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier. (B) How to properly review any wheelchair or scooter information provided by the passenger or the assistive device manufacturer. (C) How to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier. (c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with wheelchair manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in administering and auditing training; and (2) whether air carriers and foreign air carriers should require personnel or contractors to use specialized equipment in loading and unloading wheelchairs and scooters. (d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. (e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "ide59e5eaef9864e73bef2e3a8e5c7300f", "header": "Training standards for stowage of wheelchairs and scooters", "nested": [ { "text": "(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters on aircraft.", "id": "ide6f7c1fbe359402d8c4fe0a77ab2da76", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and (2) be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter: (A) How to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier. (B) How to properly review any wheelchair or scooter information provided by the passenger or the assistive device manufacturer. (C) How to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier.", "id": "idb9edbe5ed6884a1f88b9dba664d8fee2", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with wheelchair manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in administering and auditing training; and (2) whether air carriers and foreign air carriers should require personnel or contractors to use specialized equipment in loading and unloading wheelchairs and scooters.", "id": "id59235010dd634661a64af6e79f308e45", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.", "id": "id7594f255951544099543cd00fb7de96d", "header": "Final rule", "nested": [], "links": [] }, { "text": "(e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "idD0779FE346EC4F1087514F93652F719D", "header": "Penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "735. Mobility Aids On Board Improve Lives and Empower All Act \n(a) Publication of information related to powered wheelchairs \n(1) Advisory circular \nNot later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including— (A) information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and (B) in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a power wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight. (2) Requirement \nNot later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, on a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1). (b) Evaluation of data regarding mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall— (1) evaluate data (which shall be delineated by type of wheelchair being mishandled, such as power wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery, or other components, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft; (2) determine whether there are issues with respect to such frequency and type of mishandling; and (3) review and report any claims for which an air carrier has conclusive evidence of fraud. (c) Report on mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders. (d) Feasibility of in-cabin wheelchair restraint systems \n(1) Roadmap \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341— (A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in Special Report 341; and (B) sponsor studies that assess issues and considerations, including those set forth in Special Report 341, such as— (i) the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and (ii) the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight. (2) Study \nIf determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight. Such study shall include an assessment of— (A) the cost of such seating arrangements, equipment, and installation; (B) the demand for such seating arrangements; (C) the impact of such seating arrangements on passenger seating and safety on aircraft; (D) the impact of such seating arrangements on the cost of operations and airfare; and (E) any other information determined appropriate by the Secretary. (3) Report \nNot later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.", "id": "id17A9E32F10D14928ACD417881F444028", "header": "Mobility Aids On Board Improve Lives and Empower All Act", "nested": [ { "text": "(a) Publication of information related to powered wheelchairs \n(1) Advisory circular \nNot later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including— (A) information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and (B) in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a power wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight. (2) Requirement \nNot later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, on a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1).", "id": "idBB3D02ACF69943B6961F64CDE5B8A01C", "header": "Publication of information related to powered wheelchairs", "nested": [], "links": [] }, { "text": "(b) Evaluation of data regarding mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall— (1) evaluate data (which shall be delineated by type of wheelchair being mishandled, such as power wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery, or other components, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft; (2) determine whether there are issues with respect to such frequency and type of mishandling; and (3) review and report any claims for which an air carrier has conclusive evidence of fraud.", "id": "idB757FE9CF12B4218858CE994CDA6948F", "header": "Evaluation of data regarding mishandled wheelchairs", "nested": [], "links": [] }, { "text": "(c) Report on mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders.", "id": "id6F53CF5A494E400B90175E23235CB398", "header": "Report on mishandled wheelchairs", "nested": [], "links": [] }, { "text": "(d) Feasibility of in-cabin wheelchair restraint systems \n(1) Roadmap \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341— (A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in Special Report 341; and (B) sponsor studies that assess issues and considerations, including those set forth in Special Report 341, such as— (i) the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and (ii) the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight. (2) Study \nIf determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight. Such study shall include an assessment of— (A) the cost of such seating arrangements, equipment, and installation; (B) the demand for such seating arrangements; (C) the impact of such seating arrangements on passenger seating and safety on aircraft; (D) the impact of such seating arrangements on the cost of operations and airfare; and (E) any other information determined appropriate by the Secretary. (3) Report \nNot later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.", "id": "idB16CDAE7045A413B867CABCFB6091107", "header": "Feasibility of in-cabin wheelchair restraint systems", "nested": [], "links": [] } ], "links": [] }, { "text": "736. Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023 \n(a) Annual report \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the appropriate committees of Congress, and shall make each annual report publicly available. (b) Report \nEach annual report submitted under subsection (a) shall include, but not be limited to, the following: (1) The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years. (2) The nature of such complaints, such as reported issues with— (A) an air carrier, including an air carrier's staff training or lack thereof; (B) mishandling of passengers with a disability or their accessibility equipment; (C) the condition or lack of accessibility equipment or materials; (D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability; (E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier; (F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent; (G) issues experienced by passengers with a disability traveling with a service animal; and (H) such other issues as the Secretary deems appropriate. (3) An overview of the review process for such complaints received during such period. (4) The median length of time for how quickly review such complaints were initiated. (5) The median length of time for how quickly such complaints were resolved or otherwise addressed. (6) Of the complaints that were found to violate section 41705 of title 49, United States Code, (commonly known as the Air Carrier Access Act of 1986 )— (A) the number of such complaints for which a formal enforcement order was issued; and (B) the number of such complaints for which a formal enforcement order was not issued. (7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under— (A) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (B) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); or (C) any other provision of law. (8) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff, or other matters under the jurisdiction of the Federal Aviation Administration, were referred to the Federal Aviation Administration. (c) Definitions \n(1) In general \nThe definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to any term defined in such sections that is used in this section. (2) Passengers with a disability defined \nIn this section, the term passengers with a disability has the meaning given the term qualified individual with a disability in section 382.3 of title 14, Code of Federal Regulations.", "id": "id2d5fdeebc8a94e8fb2d10d04d73c612c", "header": "Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023", "nested": [ { "text": "(a) Annual report \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the appropriate committees of Congress, and shall make each annual report publicly available.", "id": "idd483c8b295d34845a2d16d9a9b850f3c", "header": "Annual report", "nested": [], "links": [] }, { "text": "(b) Report \nEach annual report submitted under subsection (a) shall include, but not be limited to, the following: (1) The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years. (2) The nature of such complaints, such as reported issues with— (A) an air carrier, including an air carrier's staff training or lack thereof; (B) mishandling of passengers with a disability or their accessibility equipment; (C) the condition or lack of accessibility equipment or materials; (D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability; (E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier; (F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent; (G) issues experienced by passengers with a disability traveling with a service animal; and (H) such other issues as the Secretary deems appropriate. (3) An overview of the review process for such complaints received during such period. (4) The median length of time for how quickly review such complaints were initiated. (5) The median length of time for how quickly such complaints were resolved or otherwise addressed. (6) Of the complaints that were found to violate section 41705 of title 49, United States Code, (commonly known as the Air Carrier Access Act of 1986 )— (A) the number of such complaints for which a formal enforcement order was issued; and (B) the number of such complaints for which a formal enforcement order was not issued. (7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under— (A) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (B) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); or (C) any other provision of law. (8) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff, or other matters under the jurisdiction of the Federal Aviation Administration, were referred to the Federal Aviation Administration.", "id": "id763d33b1d6914d008048b4789d7cb42b", "header": "Report", "nested": [], "links": [ { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" } ] }, { "text": "(c) Definitions \n(1) In general \nThe definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to any term defined in such sections that is used in this section. (2) Passengers with a disability defined \nIn this section, the term passengers with a disability has the meaning given the term qualified individual with a disability in section 382.3 of title 14, Code of Federal Regulations.", "id": "id0D06590639A04C3DAE60B62C2CC38CF4", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" } ] }, { "text": "737. Transportation of organs \n(a) Handling of organs on aircraft \nNot later than 180 days after the date of enactment of this section, the Administrator, in coordination with relevant Federal agencies and stakeholders, shall issue a rulemaking to— (1) establish a safe, standardized process for a commercial airline's acceptance, handling, management, and transportation of an organ in the cabin of an aircraft; (2) require each commercial airline to establish a protocol to ensure the safe and timely transport of an organ in the cabin of the aircraft, including through any connecting flight; and (3) identify metrics regarding the handling of organs by commercial airlines in order to increase transparency and aid the development of best practices and improvement initiatives. (b) Definition of organ \nFor purposes of this section, the term organ — (1) has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and (2) includes organ-related tissue.", "id": "id5df958f2f5a04ccca5db772c7563b8a0", "header": "Transportation of organs", "nested": [ { "text": "(a) Handling of organs on aircraft \nNot later than 180 days after the date of enactment of this section, the Administrator, in coordination with relevant Federal agencies and stakeholders, shall issue a rulemaking to— (1) establish a safe, standardized process for a commercial airline's acceptance, handling, management, and transportation of an organ in the cabin of an aircraft; (2) require each commercial airline to establish a protocol to ensure the safe and timely transport of an organ in the cabin of the aircraft, including through any connecting flight; and (3) identify metrics regarding the handling of organs by commercial airlines in order to increase transparency and aid the development of best practices and improvement initiatives.", "id": "id5a52774127ac4be18bfb6353fa3ae379", "header": "Handling of organs on aircraft", "nested": [], "links": [] }, { "text": "(b) Definition of organ \nFor purposes of this section, the term organ — (1) has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and (2) includes organ-related tissue.", "id": "idbc4f7f2119e14adfbcd08353ec7dda1b", "header": "Definition of organ", "nested": [], "links": [] } ], "links": [] }, { "text": "738. Access and Dignity for All People who Travel Act \n(a) Short title \nThis section may be cited as the Access and Dignity for All People Who Travel Act of 2023. (b) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (3) Qualified individual with a disability \nThe term qualified individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (4) Service animal \nThe term service animal has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (c) Seating accommodations for qualified individuals with disabilities \n(1) In general \n(A) Advanced notice of proposed rulemaking \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (B) Notice of proposed rulemaking \nNot later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (C) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule regarding seating accommodations for any qualified individual with a disability. (2) Requirements \nIn carrying out any rulemaking under paragraph (1), the Secretary shall consider the following: (A) The scope and anticipated number of qualified individuals with a disability who— (i) may need to be seated with a companion to receive assistance during a flight; or (ii) should be afforded bulkhead seats or other seating considerations. (B) The types of disabilities that may need seating accommodations. (C) Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat. (D) The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations. (E) Any notification given to qualified individuals with a disability regarding available seating accommodations. (F) Any method that is adequate to identify fraudulent claims for seating accommodations. (G) Any other information determined appropriate by the Secretary. (d) Known service animal user travel pilot program \n(1) Pilot program \n(A) Establishment \n(i) In general \nThe Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal. (ii) Requirements \nThe pilot program established under clause (i) shall— (I) be optional; (II) provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program; (III) with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (IV) exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations. (B) Consultation \nIn establishing the pilot program under subparagraph (A), the Secretary shall consult with— (i) disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities; (ii) air carriers and foreign air carriers; (iii) accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals; (iv) other relevant departments or agencies of the Federal Government; and (v) other entities determined to be appropriate by the Secretary. (C) Eligibility \nTo be eligible to participate in the pilot program under this paragraph, an individual shall— (i) be a qualified individual with a disability; (ii) require the use of a service animal because of a disability; and (iii) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (D) Clarification \nThe Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph. (E) Nominal fee \nThe Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program. (F) Reports to Congress \n(i) Planning report \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the implementation plan for the pilot program under this paragraph. (ii) Annual report \nNot later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program. (iii) Final report \nNot later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government. (G) Sunset \nThe pilot program shall terminate on the date that is 5 years after the date of enactment of this section. (2) Accredited service animal training programs and authorized registrars \nNot later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of— (A) accredited programs that train service animals; and (B) authorized registrars that evaluate service animals. (3) Report to Congress on service animal requests \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including— (A) during the reporting period, how many requests to board an aircraft with a service animal were made; and (B) the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as— (i) granted; (ii) denied; or (iii) fraudulent. (4) Training \n(A) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal. (B) Requirements \nThe guidance issued under paragraph (1) shall— (i) take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities; (ii) provide information on— (I) service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and (II) the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and (iii) outline the rights and responsibilities of the handler of the service animal.", "id": "id114BC45367CB429BAA560FEF7E59DF1C", "header": "Access and Dignity for All People who Travel Act", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Access and Dignity for All People Who Travel Act of 2023.", "id": "idA1787C2646A84F04B517F5BC378D63CC", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (3) Qualified individual with a disability \nThe term qualified individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (4) Service animal \nThe term service animal has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.", "id": "id5d418f6cd80b4f08bf5c3c4fe795f031", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Seating accommodations for qualified individuals with disabilities \n(1) In general \n(A) Advanced notice of proposed rulemaking \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (B) Notice of proposed rulemaking \nNot later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (C) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule regarding seating accommodations for any qualified individual with a disability. (2) Requirements \nIn carrying out any rulemaking under paragraph (1), the Secretary shall consider the following: (A) The scope and anticipated number of qualified individuals with a disability who— (i) may need to be seated with a companion to receive assistance during a flight; or (ii) should be afforded bulkhead seats or other seating considerations. (B) The types of disabilities that may need seating accommodations. (C) Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat. (D) The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations. (E) Any notification given to qualified individuals with a disability regarding available seating accommodations. (F) Any method that is adequate to identify fraudulent claims for seating accommodations. (G) Any other information determined appropriate by the Secretary.", "id": "id39B1B1687F3C4BB7B92EF6B83C9C707A", "header": "Seating accommodations for qualified individuals with disabilities", "nested": [], "links": [] }, { "text": "(d) Known service animal user travel pilot program \n(1) Pilot program \n(A) Establishment \n(i) In general \nThe Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal. (ii) Requirements \nThe pilot program established under clause (i) shall— (I) be optional; (II) provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program; (III) with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (IV) exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations. (B) Consultation \nIn establishing the pilot program under subparagraph (A), the Secretary shall consult with— (i) disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities; (ii) air carriers and foreign air carriers; (iii) accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals; (iv) other relevant departments or agencies of the Federal Government; and (v) other entities determined to be appropriate by the Secretary. (C) Eligibility \nTo be eligible to participate in the pilot program under this paragraph, an individual shall— (i) be a qualified individual with a disability; (ii) require the use of a service animal because of a disability; and (iii) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (D) Clarification \nThe Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph. (E) Nominal fee \nThe Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program. (F) Reports to Congress \n(i) Planning report \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the implementation plan for the pilot program under this paragraph. (ii) Annual report \nNot later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program. (iii) Final report \nNot later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government. (G) Sunset \nThe pilot program shall terminate on the date that is 5 years after the date of enactment of this section. (2) Accredited service animal training programs and authorized registrars \nNot later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of— (A) accredited programs that train service animals; and (B) authorized registrars that evaluate service animals. (3) Report to Congress on service animal requests \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including— (A) during the reporting period, how many requests to board an aircraft with a service animal were made; and (B) the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as— (i) granted; (ii) denied; or (iii) fraudulent. (4) Training \n(A) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal. (B) Requirements \nThe guidance issued under paragraph (1) shall— (i) take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities; (ii) provide information on— (I) service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and (II) the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and (iii) outline the rights and responsibilities of the handler of the service animal.", "id": "id1A568A9169B34B95B4DA51E20B75CE9C", "header": "Known service animal user travel pilot program", "nested": [], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] } ], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "739. Equal Accessibility to Passenger Portals Act \n(a) Applications and information communication technologies \n(1) Rulemaking \nNot later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible. (2) Final rule \nNot later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1). (3) Considerations \nIn any rulemaking under this subsection, the Secretary— (A) shall consider— (i) the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (ii) the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (B) may consider— (i) additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and (ii) the technical capabilities of the information communication technology. (4) Consultation \nFor purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards. (5) Review \nNot later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary. (b) Audit \n(1) Initial audit \n(A) Requirement \nNot later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule. Such audit shall be limited to a review of the following: (i) The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport. (ii) The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to— (I) notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or (II) provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag. (iii) Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders. (B) Notice \nNot later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including— (i) a notice of the audit; (ii) the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and (iii) the potential civil penalties that may be assessed for noncompliance with such standards. (2) Clarification \nThe Secretary may— (A) award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and (B) require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit. (3) Subsequent audits \n(A) Large air carriers, large hub airports, and medium hub airports \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports. (B) Small air carriers \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers. (c) Report \nNot later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following: (1) The number of air carriers, foreign air carriers, and airports audited during the reporting period. (2) The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period. (3) An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary. (4) Recommendations for such legislation and administrative action as the Secretary determines appropriate. (d) Penalties \nUpon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary. (e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Airport \nThe term airport has the meaning given that term in section 40102 of title 49, United States Code. (3) Application \nThe term application means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task. (4) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (5) Individual with a disability \nThe term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (6) Information communication technology \nThe term information communication technology — (A) means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and (B) includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document. (7) Large air carrier \nThe term large air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more. (8) Large hub airport \nThe term large hub airport has the meaning given that term in section 40102 of title 49, United States Code. (9) Medium hub airport \nThe term medium hub airport has the meaning given that term in section 40102 of title 49, United States Code. (10) Small air carrier \nThe term small air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.", "id": "idAD32DDE636E0405098601F9BFFA16B18", "header": "Equal Accessibility to Passenger Portals Act", "nested": [ { "text": "(a) Applications and information communication technologies \n(1) Rulemaking \nNot later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible. (2) Final rule \nNot later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1). (3) Considerations \nIn any rulemaking under this subsection, the Secretary— (A) shall consider— (i) the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (ii) the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (B) may consider— (i) additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and (ii) the technical capabilities of the information communication technology. (4) Consultation \nFor purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards. (5) Review \nNot later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary.", "id": "id4be12f9d8540492a8bcb4728f0f4132e", "header": "Applications and information communication technologies", "nested": [], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "(b) Audit \n(1) Initial audit \n(A) Requirement \nNot later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule. Such audit shall be limited to a review of the following: (i) The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport. (ii) The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to— (I) notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or (II) provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag. (iii) Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders. (B) Notice \nNot later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including— (i) a notice of the audit; (ii) the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and (iii) the potential civil penalties that may be assessed for noncompliance with such standards. (2) Clarification \nThe Secretary may— (A) award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and (B) require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit. (3) Subsequent audits \n(A) Large air carriers, large hub airports, and medium hub airports \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports. (B) Small air carriers \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers.", "id": "idff39e4aadabf4adeb12c07004da64632", "header": "Audit", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following: (1) The number of air carriers, foreign air carriers, and airports audited during the reporting period. (2) The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period. (3) An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary. (4) Recommendations for such legislation and administrative action as the Secretary determines appropriate.", "id": "id246B13FA15DB446BAD4C083E7C1F4435", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Penalties \nUpon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary.", "id": "id5A82FA3A753742DAA02B7CD50F1E38B1", "header": "Penalties", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Airport \nThe term airport has the meaning given that term in section 40102 of title 49, United States Code. (3) Application \nThe term application means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task. (4) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (5) Individual with a disability \nThe term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (6) Information communication technology \nThe term information communication technology — (A) means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and (B) includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document. (7) Large air carrier \nThe term large air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more. (8) Large hub airport \nThe term large hub airport has the meaning given that term in section 40102 of title 49, United States Code. (9) Medium hub airport \nThe term medium hub airport has the meaning given that term in section 40102 of title 49, United States Code. (10) Small air carrier \nThe term small air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.", "id": "idA04C4EF1E82B4302A209004160DCDDE9", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "740. Store On-board Wheelchairs in Cabin Act \n(a) Requirements \n(1) In general \nIn the case an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including— (A) that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies; (B) that a qualified individual with a disability may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair; (C) that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of such title 14 in order for the individual to be provided with the on-board wheelchair; and (D) if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request. (2) Annual training \nAn air carrier and a foreign air carriers shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual's right to request an on-board wheelchair. (3) Public awareness campaign \nThe Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual's right to request an on-board wheelchair in accordance section 382.65 of title 14, Code of Federal Regulations. (4) Qualified individual with a disability defined \nIn this subsection, the term qualified individual with a disability has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations. (5) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements under paragraph (1) or (2). (b) Increased civil penalties \n(1) In general \nSection 46301(a)(7) of title 49, United States Code, is amended— (A) in the paragraph heading, by striking to harm ; and (B) in subparagraph (A)— (i) in the heading, by striking bodily harm or damage to wheelchair or other mobility aid and inserting damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair ; and (ii) by striking or injury to a passenger with a disability and inserting , injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation). (2) Effective date \nThe amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).", "id": "id4c5c3827716e4940bd69f5912411768f", "header": "Store On-board Wheelchairs in Cabin Act", "nested": [ { "text": "(a) Requirements \n(1) In general \nIn the case an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including— (A) that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies; (B) that a qualified individual with a disability may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair; (C) that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of such title 14 in order for the individual to be provided with the on-board wheelchair; and (D) if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request. (2) Annual training \nAn air carrier and a foreign air carriers shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual's right to request an on-board wheelchair. (3) Public awareness campaign \nThe Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual's right to request an on-board wheelchair in accordance section 382.65 of title 14, Code of Federal Regulations. (4) Qualified individual with a disability defined \nIn this subsection, the term qualified individual with a disability has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations. (5) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements under paragraph (1) or (2).", "id": "id5c0c0906d62147b59f57eb058fcc9b05", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Increased civil penalties \n(1) In general \nSection 46301(a)(7) of title 49, United States Code, is amended— (A) in the paragraph heading, by striking to harm ; and (B) in subparagraph (A)— (i) in the heading, by striking bodily harm or damage to wheelchair or other mobility aid and inserting damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair ; and (ii) by striking or injury to a passenger with a disability and inserting , injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation). (2) Effective date \nThe amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).", "id": "id6972617dc6914cf5bf0008fc26312b69", "header": "Increased civil penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "741. Essential air service \n(a) Definitions \nSection 41731 of title 49, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) Eligible place defined \nIn this subchapter, the term eligible place means a place in the United States that— (1) is at least 75 miles from the nearest medium or large hub airport, if within the 48 contiguous states, which shall not be waived; (2) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year; (3) during the most recent fiscal year had an average subsidy per passenger, as determined by the Secretary, of— (A) less than $500 for locations that are less than 175 driving miles from the nearest large or medium hub airport; and (B) less than $1,000 for all locations, regardless of driving distance to a hub; and (4) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive— (A) received essential air service for which compensation was provided to an air carrier under this subchapter; or (B) received notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community. ; (2) in subsection (b), by striking subsection (a)(1) of this section and inserting subsection (a) ; (3) in subsection (c), by striking Subparagraphs (B), (C), and (D) of subsection (a)(1) and inserting Paragraphs (2), (3), and (4) of subsection (a) ; (4) in subsection (d), by striking Subsection (a)(1)(B) and inserting Subsection (a)(2) ; (5) by striking subsection (e) and inserting the following: (e) Waivers \nThe Secretary may waive, on an annual basis, subsection (a)(2) or subsection (a)(3)(A) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day or has a subsidy higher than $500 per passenger is due to a temporary decline in demand; provided, that the Secretary may not provide more than 2 consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any location. ; and (6) in subsection (f), by striking subsection (a)(1)(B) and inserting subsection (a)(2). (b) Improvements to basic essential air service \n(1) In general \nSection 41732 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking hub airport and all that follows through beyond that airport and inserting medium or large hub airport ; and (B) in subsection (b)— (i) in paragraph (2), by striking and at prices and all that follows through the period; and (ii) by striking paragraphs (3) through (6). (c) Level of basic essential air service \nSection 41733 of title 49, United States Code, is amended— (1) in subsection (c)(1)— (A) by striking subparagraph (B) and inserting the following: (B) the contractual, marketing arrangements, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport; ; (B) by striking subparagraph (C) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; (C) in subparagraph (D), as so redesignated, by striking and after the semicolon; (D) in subparagraph (E), as so redesignated, by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (F) service provided in aircraft with at least 2 engines and using 2 pilots. ; and (2) in subsection (h), by striking by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 ( Public Law 106–69 ; 113 Stat. 1022) and inserting under section 41731(a)(3). (d) Ending, suspending, and reducing basic essential air service \nSection 41734 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by striking An air carrier and inserting Subject to subsection (d), an air carrier ; and (B) by striking 90 and inserting 180 ; (2) by striking subsection (d) and inserting the following: (d) Continuation of compensation after notice period \n(1) In general \nIf an air carrier receiving compensation under section 41733 of this title for providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 180-day notice period under subsection (a) of this section, the Secretary— (A) shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) of this section; (B) may pay an additional amount that represents a reasonable return on investment; and (C) may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues. (2) Authority \nThe Secretary may impose contract termination penalties or conditions on compensation that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service. ; (3) in subsection (e), by striking providing that service after the 90-day notice period and all that follows through the period at the end of paragraph (2) and inserting providing that service after the 180-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 180-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs. ; and (4) in subsection (f), by inserting air after find another. (e) Enhanced essential air service \nSection 41735 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (f) Air transportation to noneligible places \nSection 41736 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (g) Compensation guidelines, limitations, and claims \nSection 41737(d) of title 49, United States Code, is amended— (1) by striking (1) before The Secretary may ; and (2) by striking paragraph (2). (h) Joint proposals \nSection 41740 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (i) Essential air service authorization \n(1) In general \nSection 41742(a) of title 49, United States Code, is amended— (A) in paragraph (1), by striking $50,000,000 and inserting $154,400,000 ; (B) in paragraph (2), by striking $155,000,000 for fiscal year 2018, and all that follows through 2023 and inserting $335,000,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 ; and (C) by striking paragraph (3). (2) Effective date \nThe amendments made by paragraph (1) shall take effect on October 1, 2023. (j) Preservation of basic essential air service at single carrier dominated hub airports \nSection 41744 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (k) Community and regional choice programs \nSection 41745 of title 49, United States Code, is amended— (1) in subsection (a)(3), by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); and (3) by redesignating subsections (d) through (g) as subsections (b) through (e), respectively. (l) Marketing program \nSection 41748 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "idAEA737E7F22747C5ACB2CB1B1ECDB397", "header": "Essential air service", "nested": [ { "text": "(a) Definitions \nSection 41731 of title 49, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) Eligible place defined \nIn this subchapter, the term eligible place means a place in the United States that— (1) is at least 75 miles from the nearest medium or large hub airport, if within the 48 contiguous states, which shall not be waived; (2) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year; (3) during the most recent fiscal year had an average subsidy per passenger, as determined by the Secretary, of— (A) less than $500 for locations that are less than 175 driving miles from the nearest large or medium hub airport; and (B) less than $1,000 for all locations, regardless of driving distance to a hub; and (4) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive— (A) received essential air service for which compensation was provided to an air carrier under this subchapter; or (B) received notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community. ; (2) in subsection (b), by striking subsection (a)(1) of this section and inserting subsection (a) ; (3) in subsection (c), by striking Subparagraphs (B), (C), and (D) of subsection (a)(1) and inserting Paragraphs (2), (3), and (4) of subsection (a) ; (4) in subsection (d), by striking Subsection (a)(1)(B) and inserting Subsection (a)(2) ; (5) by striking subsection (e) and inserting the following: (e) Waivers \nThe Secretary may waive, on an annual basis, subsection (a)(2) or subsection (a)(3)(A) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day or has a subsidy higher than $500 per passenger is due to a temporary decline in demand; provided, that the Secretary may not provide more than 2 consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any location. ; and (6) in subsection (f), by striking subsection (a)(1)(B) and inserting subsection (a)(2).", "id": "idE3AA222B78974D5EAFCB1E29A27ECEC8", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Improvements to basic essential air service \n(1) In general \nSection 41732 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking hub airport and all that follows through beyond that airport and inserting medium or large hub airport ; and (B) in subsection (b)— (i) in paragraph (2), by striking and at prices and all that follows through the period; and (ii) by striking paragraphs (3) through (6).", "id": "id1E3EA434CA0740CCBE810E1B3AA04082", "header": "Improvements to basic essential air service", "nested": [], "links": [] }, { "text": "(c) Level of basic essential air service \nSection 41733 of title 49, United States Code, is amended— (1) in subsection (c)(1)— (A) by striking subparagraph (B) and inserting the following: (B) the contractual, marketing arrangements, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport; ; (B) by striking subparagraph (C) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; (C) in subparagraph (D), as so redesignated, by striking and after the semicolon; (D) in subparagraph (E), as so redesignated, by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (F) service provided in aircraft with at least 2 engines and using 2 pilots. ; and (2) in subsection (h), by striking by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 ( Public Law 106–69 ; 113 Stat. 1022) and inserting under section 41731(a)(3).", "id": "idF45624121213436CA9941B03FF46ECA8", "header": "Level of basic essential air service", "nested": [], "links": [ { "text": "Public Law 106–69", "legal-doc": "public-law", "parsable-cite": "pl/106/69" } ] }, { "text": "(d) Ending, suspending, and reducing basic essential air service \nSection 41734 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by striking An air carrier and inserting Subject to subsection (d), an air carrier ; and (B) by striking 90 and inserting 180 ; (2) by striking subsection (d) and inserting the following: (d) Continuation of compensation after notice period \n(1) In general \nIf an air carrier receiving compensation under section 41733 of this title for providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 180-day notice period under subsection (a) of this section, the Secretary— (A) shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) of this section; (B) may pay an additional amount that represents a reasonable return on investment; and (C) may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues. (2) Authority \nThe Secretary may impose contract termination penalties or conditions on compensation that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service. ; (3) in subsection (e), by striking providing that service after the 90-day notice period and all that follows through the period at the end of paragraph (2) and inserting providing that service after the 180-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 180-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs. ; and (4) in subsection (f), by inserting air after find another.", "id": "idE8AC6288939843F5A4C3359CA5842AE0", "header": "Ending, suspending, and reducing basic essential air service", "nested": [], "links": [] }, { "text": "(e) Enhanced essential air service \nSection 41735 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id5416F37D21774F15A17F6D0CAF5C652C", "header": "Enhanced essential air service", "nested": [], "links": [] }, { "text": "(f) Air transportation to noneligible places \nSection 41736 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id8E416D31BFF54820B16200E8AD8AF96C", "header": "Air transportation to noneligible places", "nested": [], "links": [] }, { "text": "(g) Compensation guidelines, limitations, and claims \nSection 41737(d) of title 49, United States Code, is amended— (1) by striking (1) before The Secretary may ; and (2) by striking paragraph (2).", "id": "id1CCE8F770F784CEBA2EF95509B8B7F38", "header": "Compensation guidelines, limitations, and claims", "nested": [], "links": [] }, { "text": "(h) Joint proposals \nSection 41740 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id84E4007D861F4DDAAA66112F4604D226", "header": "Joint proposals", "nested": [], "links": [] }, { "text": "(i) Essential air service authorization \n(1) In general \nSection 41742(a) of title 49, United States Code, is amended— (A) in paragraph (1), by striking $50,000,000 and inserting $154,400,000 ; (B) in paragraph (2), by striking $155,000,000 for fiscal year 2018, and all that follows through 2023 and inserting $335,000,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 ; and (C) by striking paragraph (3). (2) Effective date \nThe amendments made by paragraph (1) shall take effect on October 1, 2023.", "id": "id1061920EE5354189A74FEECE6DCCE21D", "header": "Essential air service authorization", "nested": [], "links": [] }, { "text": "(j) Preservation of basic essential air service at single carrier dominated hub airports \nSection 41744 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id67AE983DA2044F399E90D978EC2F7321", "header": "Preservation of basic essential air service at single carrier dominated hub airports", "nested": [], "links": [] }, { "text": "(k) Community and regional choice programs \nSection 41745 of title 49, United States Code, is amended— (1) in subsection (a)(3), by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); and (3) by redesignating subsections (d) through (g) as subsections (b) through (e), respectively.", "id": "idED218D73B6D44005909D642F80BF84B3", "header": "Community and regional choice programs", "nested": [], "links": [] }, { "text": "(l) Marketing program \nSection 41748 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id9DBC286E32364711AA8D7D080C870F70", "header": "Marketing program", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 106–69", "legal-doc": "public-law", "parsable-cite": "pl/106/69" } ] }, { "text": "742. Small community air service development grants \nSection 41743 of title 49, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (4)(B), by striking 10-year and inserting 5-year ; and (B) in paragraph (5)(E), by inserting or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes) after terminated ; (2) in subsection (d)— (A) in paragraph (1), by inserting , which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal after 3 years ; (B) in paragraph (2), by striking and after the semicolon; (C) in paragraph (3), by striking the period and inserting ; and ; and (D) by adding at the end the following: (4) to provide assistance to an airport where air service has been terminated or substantially reduced. ; (3) in subsection (e)— (A) in paragraph (1), by inserting or the community's current air service needs after the project ; (B) in paragraph (2), by striking $10,000,000 for each of fiscal years 2018 through 2023 and inserting $20,000,000 for each of fiscal years 2024 through 2028 ; (4) in subsection (g)(4), by striking and the creation of aviation development zones ; and (5) by striking subsections (f) and (h) and redesignating subsection (g) (as amended by paragraph (4)) as subsection (f).", "id": "id13A2ADE5FDDC47658F3E1A54305138C0", "header": "Small community air service development grants", "nested": [], "links": [] }, { "text": "743. GAO study and report on the alternate Essential Air Service program \n(a) Study \nThe Comptroller General shall study the effectiveness of the Alternate Essential Air Service program (in this section referred to as the Alternate EAS program ), including challenges if any that have impeded robust community participation in the Alternate EAS program. The study shall include an assessment of potential changes to the Alternate EAS program and the basic Essential Air Service programs under section 41731 of title 49, United States Code, wherein Governors of Essential Air Service eligible States and Puerto Rico are given block grants to distribute Essential Air Service funds to Essential Air Service eligible communities in their States and Puerto Rico. (b) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "ided5c854553ef42128dee8ec1ece6197e", "header": "GAO study and report on the alternate Essential Air Service program", "nested": [ { "text": "(a) Study \nThe Comptroller General shall study the effectiveness of the Alternate Essential Air Service program (in this section referred to as the Alternate EAS program ), including challenges if any that have impeded robust community participation in the Alternate EAS program. The study shall include an assessment of potential changes to the Alternate EAS program and the basic Essential Air Service programs under section 41731 of title 49, United States Code, wherein Governors of Essential Air Service eligible States and Puerto Rico are given block grants to distribute Essential Air Service funds to Essential Air Service eligible communities in their States and Puerto Rico.", "id": "id04bc6b569350419d8461c85ce8338baf", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "idc9dc232f66774f27b6645c8697cfe882", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "801. Office of Advanced Aviation Technology and Innovation \nSection 106 of title 49, United States Code, is amended by adding at the end the following new subsection: (u) Office of the Associate Administrator for Advanced Aviation Technology and Innovation \n(1) Establishment \nThere is established in the Federal Aviation Administration the Office of Advanced Aviation Technology and Innovation (in this subsection referred to as the Office ). (2) Associate administrator \nThe Office shall be headed by an Associate Administrator, who shall— (A) be appointed by the Administrator; and (B) report directly to the Administrator. (3) Purposes \nThe purposes of the Office are to— (A) serve as an entry point for stakeholders to share information with the Federal Aviation Administration on advanced aviation technologies; (B) examine the potential impact of advanced aviation technologies on the national airspace system, and methods to safely integrate into the national airspace system; (C) work collaboratively with subject matter experts from all lines of business and staff offices to examine advanced aviation technologies and concepts for integration into the national airspace system in an expeditious manner that takes into account acceptable levels of risk; (D) lead cross-U.S. government collaborative efforts to develop integrated approaches for the acceleration and deployment of Advanced Technologies; (E) provide leadership with regard to internal collaboration, industry engagement, and collaboration with international partners; (F) lead cross-FAA integration, planning, coordination, and collaboration in support of the integration of advanced aviation technologies ; (G) support the development of safety cases for advanced aviation technologies in coordination with the operational approval office; and (H) coordinate and review approval of advanced aviation technologies, including support to and approval of any required rulemakings, exemptions, waivers, or other types of authorizations, as appropriate. (4) Duties \nThe Associate Administrator shall— (A) establish, manage, and oversee the Office of Advanced Aviation Technology and Innovation; (B) develop and maintain a comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies; (C) collaborate with Federal Aviation Administration organizations to identify and develop specific recommendations to address skills gaps in the existing engineer and inspector workforce involved in the certification and operational approval of safety technology; (D) coordinate and review, as appropriate, rulemaking activities related to advanced aviation technologies, including by scoping complex regulatory issues, evaluating internal processes, and positioning the Federal Aviation Administration to support aerospace innovation; (E) coordinate and review, as appropriate, applications for type, production, or airworthiness certificates, or alternatives to airworthiness certificates, operating and pilot certification, and airspace authorizations, among others, related to advanced aviation technologies; (F) coordinate and review, as appropriate, applications for waivers, exemptions and other operational authorizations; (G) coordinate and review the implementation of the process required by section 2209 of the FAA Extension, Safety, and Security Act of 2016 (as amended) ( 49 U.S.C. 40101 note); (H) coordinate with the Chief Operating Officer of the Air Traffic Organization and other agency leaders to develop policies to address airspace integration issues at all levels of uncontrolled and controlled airspace; (I) implement the BEYOND program and the UAS Test Site Program, among others, and develop other pilot programs in partnership with industry stakeholders and State, local, and Tribal Governments to enable highly automated and autonomous operations of Advanced Technologies unmanned aircraft systems, AAM, and other innovative aviation technologies at scale by providing the data necessary to support rulemakings and other approval processes; (J) serve as the designated Federal officer to the Advanced Aviation Technology and Innovation Steering Committee; and (K) serve as the Federal Aviation Administration lead for the Drone Safety Team. (5) Congressional briefings \nNot later than 60 days after establishing the position in paragraph (1), and on a quarterly basis thereafter, the Administrator shall brief the appropriate committees of Congress on the status of— (A) implementing the comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies; (B) rulemakings, major guidance documents, and other agency pilot programs or initiatives supporting the comprehensive strategy and action plan; (C) implementing recommendations from the Advanced Aviation Technology and Innovation Steering Committee; and (D) engagement with international aviation regulators to develop global standards for advanced aviation technologies. (6) UAS integration office \nNot later than 90 days after the date of enactment of this subsection, the functions, duties and responsibilities of the UAS Integration Office shall be incorporated into the Office. (7) Definitions \nIn this subsection: (A) AAM \nThe term AAM has the meaning given the term advanced air mobility in section 2(i)(1) of the Advanced Air Mobility Coordination and Leadership Act ( 49 U.S.C. 40101 note). (B) Advanced aviation technologies \nThe term advanced aviation technologies means technologies for which introduction has potential safety implications and shall include unmanned aircraft systems, powered-lift aircraft, electric propulsion, and super- and hypersonic aircraft..", "id": "id2E32A03C2D10495A86688B25EE0178CC", "header": "Office of Advanced Aviation Technology and Innovation", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "802. Advanced Aviation Technology and Innovation Steering Committee \n(a) Establishment \nNot later than 30 days after the date of enactment of this section, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the Steering Committee ) to ensure the FAA’s comprehensive strategy and action plan for fully integrating unmanned aircraft systems, AAM, and other innovative aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies as reflects the equities and interests of all stakeholders within the agency. (b) Chair \nThe Associate Administrator for Advanced Aviation Technology and Innovation shall serve as the Chair of the Steering Committee. (c) Composition \nIn addition to the Chair, the Steering Committee shall consist of at least 1 senior leader of each of the following FAA offices: (1) Aircraft Certification Service. (2) Flight Standards Service. (3) Air Traffic Organization. (4) Office of Accident Investigation and Prevention. (5) Office of Aerospace Medicine. (6) Office of Airports. (7) Office of Commercial Space. (8) Office of Finance and Management. (9) Office of NextGen or any successor office. (10) Office of the Chief Counsel. (11) Office of Rulemaking. (12) Office of Policy, International Affairs, and Environment.", "id": "ide11a2731abd5417eb0db9c552294da1d", "header": "Advanced Aviation Technology and Innovation Steering Committee", "nested": [ { "text": "(a) Establishment \nNot later than 30 days after the date of enactment of this section, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the Steering Committee ) to ensure the FAA’s comprehensive strategy and action plan for fully integrating unmanned aircraft systems, AAM, and other innovative aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies as reflects the equities and interests of all stakeholders within the agency.", "id": "id4f38864368894080a29d42c1396b1ca2", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Chair \nThe Associate Administrator for Advanced Aviation Technology and Innovation shall serve as the Chair of the Steering Committee.", "id": "id85e2cb57185d4b76b7c1d44d3c806079", "header": "Chair", "nested": [], "links": [] }, { "text": "(c) Composition \nIn addition to the Chair, the Steering Committee shall consist of at least 1 senior leader of each of the following FAA offices: (1) Aircraft Certification Service. (2) Flight Standards Service. (3) Air Traffic Organization. (4) Office of Accident Investigation and Prevention. (5) Office of Aerospace Medicine. (6) Office of Airports. (7) Office of Commercial Space. (8) Office of Finance and Management. (9) Office of NextGen or any successor office. (10) Office of the Chief Counsel. (11) Office of Rulemaking. (12) Office of Policy, International Affairs, and Environment.", "id": "id33f2b320aad14a728ec96eb7176ab90c", "header": "Composition", "nested": [], "links": [] } ], "links": [] }, { "text": "803. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nChapter 448 of title 49, United States Code, is amended by adding at the end the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations. (b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. (c) Final rule \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems..", "id": "id6DE28B8F5E0A4B679CD26D4041A92580", "header": "Beyond visual line of sight operations for unmanned aircraft systems", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, is amended by adding at the end the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations. (b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. (c) Final rule \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems..", "id": "id7bb5a6758727460d9eb74c377da9b634", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems..", "id": "id0412D1CD8E7B44D68113B681FD728815", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "section 44810", "legal-doc": "usc", "parsable-cite": "usc/49/44810" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "section 44810", "legal-doc": "usc", "parsable-cite": "usc/49/44810" } ] }, { "text": "44811. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations. (b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. (c) Final rule \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.", "id": "id6340775b84e44108961eeec19b3dc04a", "header": "Beyond visual line of sight operations for unmanned aircraft systems", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations.", "id": "id0FDD4A52BD4246A88D7C86D4D207ACFF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination.", "id": "id2F658A1DC51A453484C896C6F5AFB825", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Final rule \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.", "id": "idD8A2206403C7499FAE531E7239D3DA70", "header": "Final rule", "nested": [], "links": [] } ], "links": [] }, { "text": "804. Extending special authority for certain unmanned aircraft systems \n(a) Extension \nSection 44807(d) of title 49, United States Code, is amended by striking September 30, 2023 and inserting on the date the rules described in section 44811 take effect. (b) Clarification \nSection 44807(a) of title 49, United States Code, is amended by inserting or chapter 447 after Notwithstanding any other requirement of this chapter. (c) Expedited exemptions \nIn exercising authority under section 44807 of title 49, United States Code (as amended by subsection (a)), the Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions— (1) to enable— (A) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or (B) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view; or (2) that are aligned with FAA exemptions that enable beyond visual line of sight operations with the use of acoustics, ground based radar, and other technological solutions. (d) Clarification of status of previously issued rulemakings and exemptions \n(1) Rulemakings \nAny rulemaking published prior to the date of enactment of this section under the authority described in section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority. (2) Exemptions \nAny exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption. (3) Delegation \nThe authority granted to the Secretary in such section 44807 may continue to be delegated to the Administrator in whole or in part. (4) Rules of construction \nNothing in this section shall be construed to interfere with the Secretary's— (A) authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight; or (B) ability to grant an exemption based on a determination made pursuant to such section 44807 prior to the date described in subsection (d) of such section.", "id": "idF61F746590B54516A7E09C6F3AC95F5A", "header": "Extending special authority for certain unmanned aircraft systems", "nested": [ { "text": "(a) Extension \nSection 44807(d) of title 49, United States Code, is amended by striking September 30, 2023 and inserting on the date the rules described in section 44811 take effect.", "id": "id452879C230E84C09847A4D6B56C0E062", "header": "Extension", "nested": [], "links": [] }, { "text": "(b) Clarification \nSection 44807(a) of title 49, United States Code, is amended by inserting or chapter 447 after Notwithstanding any other requirement of this chapter.", "id": "idBA7A369D99B74C7089623A33C01D7264", "header": "Clarification", "nested": [], "links": [] }, { "text": "(c) Expedited exemptions \nIn exercising authority under section 44807 of title 49, United States Code (as amended by subsection (a)), the Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions— (1) to enable— (A) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or (B) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view; or (2) that are aligned with FAA exemptions that enable beyond visual line of sight operations with the use of acoustics, ground based radar, and other technological solutions.", "id": "id67C32A03B6C94273A65999F4F22C6B70", "header": "Expedited exemptions", "nested": [], "links": [] }, { "text": "(d) Clarification of status of previously issued rulemakings and exemptions \n(1) Rulemakings \nAny rulemaking published prior to the date of enactment of this section under the authority described in section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority. (2) Exemptions \nAny exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption. (3) Delegation \nThe authority granted to the Secretary in such section 44807 may continue to be delegated to the Administrator in whole or in part. (4) Rules of construction \nNothing in this section shall be construed to interfere with the Secretary's— (A) authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight; or (B) ability to grant an exemption based on a determination made pursuant to such section 44807 prior to the date described in subsection (d) of such section.", "id": "id59AAE1BC4371425CB368C5D9D8FE7745", "header": "Clarification of status of previously issued rulemakings and exemptions", "nested": [], "links": [] } ], "links": [] }, { "text": "805. Environmental Review and Noise Certification \n(a) National Environmental Policy Act guidance \nNot later than 90 days after the date of enactment of this section, the Administrator shall publish drone-specific environmental review guidance and implementation procedures and thereafter revise such guidance as appropriate to carry out the requirements of this section. (b) Programmatic level approach to NEPA review \nNot later than 90 days after the date of enactment of this section, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) (including regulations promulgated to carry out that Act) for the commercial drone industry to create an efficient process for preparing environmental reviews of reasonably foreseeable drone operations across a geographic region, for an individual operator’s network of drone operations within a defined geographic region, and for operations within and over commercial and industrial sites closed or restricted to the public. (c) Developing one or more categorical exclusions \nThe Administrator shall engage in ongoing consultations with the Council on Environmental Quality to identify actions that are appropriate for a categorical exclusion and shall incorporate such actions in FAA Order 1050.1F, as amended or revised, from time to time, as, and when, deemed appropriate. (d) Suspension of noise certification requirement pending standards development \n(1) In general \nUpon the date of enactment of this section, and notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for drone models seeking type and airworthiness certification, and shall not deny, withhold, or delay such certification due to the absence of a noise certification basis under such part, provided the FAA has developed appropriate noise measurement procedures for such drone models and the FAA has received the noise measurement results based on those procedures from the applicant. (2) Duration \nThe suspension provided in this subsection shall continue until such time as the Administrator publishes final noise certification standards for drones as amendments to part 36 of title 14, Code of Federal Regulations, or to another part of title 14 of such Code. (3) Deadline for noise certification standards \nBased on drone noise data the Administrator has received in the process of reviewing applications for type and airworthiness certification, in conducting environmental assessments of proposed drone operations under section 44807 of title 49, United States Code, and part 135 of title 14, Code of Federal Regulations, and from other sources, including standards organizations, the Administrator shall propose generally applicable drone noise certification standards, not later than the date that is 36 months after the date of enactment of this section, and following notice and comment rulemaking procedures, and shall publish final noise certification standards not later than 24 months after the date on which the period for public comment on such proposed generally applicable noise certification standards ends. (e) Drone defined \nIn this section, the term drone has the meaning given the term unmanned aircraft in section 44801 of title 49, United States Code.", "id": "id28fc748dd50d451abcb2d5cd85f75b1c", "header": "Environmental Review and Noise Certification", "nested": [ { "text": "(a) National Environmental Policy Act guidance \nNot later than 90 days after the date of enactment of this section, the Administrator shall publish drone-specific environmental review guidance and implementation procedures and thereafter revise such guidance as appropriate to carry out the requirements of this section.", "id": "id663dcde55e404fcdb6cd16f13acd9475", "header": "National Environmental Policy Act guidance", "nested": [], "links": [] }, { "text": "(b) Programmatic level approach to NEPA review \nNot later than 90 days after the date of enactment of this section, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) (including regulations promulgated to carry out that Act) for the commercial drone industry to create an efficient process for preparing environmental reviews of reasonably foreseeable drone operations across a geographic region, for an individual operator’s network of drone operations within a defined geographic region, and for operations within and over commercial and industrial sites closed or restricted to the public.", "id": "id397b8452ef924130914be2b20c93b142", "header": "Programmatic level approach to NEPA review", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(c) Developing one or more categorical exclusions \nThe Administrator shall engage in ongoing consultations with the Council on Environmental Quality to identify actions that are appropriate for a categorical exclusion and shall incorporate such actions in FAA Order 1050.1F, as amended or revised, from time to time, as, and when, deemed appropriate.", "id": "idf17c509050e04adda9796d869042e070", "header": "Developing one or more categorical exclusions", "nested": [], "links": [] }, { "text": "(d) Suspension of noise certification requirement pending standards development \n(1) In general \nUpon the date of enactment of this section, and notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for drone models seeking type and airworthiness certification, and shall not deny, withhold, or delay such certification due to the absence of a noise certification basis under such part, provided the FAA has developed appropriate noise measurement procedures for such drone models and the FAA has received the noise measurement results based on those procedures from the applicant. (2) Duration \nThe suspension provided in this subsection shall continue until such time as the Administrator publishes final noise certification standards for drones as amendments to part 36 of title 14, Code of Federal Regulations, or to another part of title 14 of such Code. (3) Deadline for noise certification standards \nBased on drone noise data the Administrator has received in the process of reviewing applications for type and airworthiness certification, in conducting environmental assessments of proposed drone operations under section 44807 of title 49, United States Code, and part 135 of title 14, Code of Federal Regulations, and from other sources, including standards organizations, the Administrator shall propose generally applicable drone noise certification standards, not later than the date that is 36 months after the date of enactment of this section, and following notice and comment rulemaking procedures, and shall publish final noise certification standards not later than 24 months after the date on which the period for public comment on such proposed generally applicable noise certification standards ends.", "id": "id7d8d38e3d4e84d6fb527a51fadab4b53", "header": "Suspension of noise certification requirement pending standards development", "nested": [], "links": [] }, { "text": "(e) Drone defined \nIn this section, the term drone has the meaning given the term unmanned aircraft in section 44801 of title 49, United States Code.", "id": "id193aa7b4d0bc429fb15841c5ea113d7a", "header": "Drone defined", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "806. UTM implementation \n(a) Approval process \nNot later than 270 days after the date of enactment of this section, the Administrator shall establish procedures, which may include a rulemaking, to establish a standard approval process for third party service suppliers of UTM in order to fulfill safety functions for Beyond Visual Line of Sight. (b) ASTM standard \n- In establishing the standard approval process required by subsection (a), the Administrator shall ensure that ASTM International Standard F3548–21, entitled UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability , and any future possible revisions as refined and validated by the Administrator in conjunction with stakeholders including the private sector, is included as an acceptable means of compliance. (c) Certification \n(1) In general \nNot later than 180 days of the date of enactment of this section, the Administrator shall initiate a process, which may include a rulemaking, to define and implement criteria and conditions for the certification and oversight of third party service suppliers of UTM that could have a direct or indirect impact on air traffic services in the national airspace system and require FAA oversight. (2) Considerations \nIn carrying out the certification process described in paragraph (1) the Administrator shall consider the facilitation and streamlining of processes for global recognition and applicability, including through bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements. (d) Definitions \nIn this section: (1) Third party service supplier \nThe term third party service supplier means an entity other than the UAS operator or the FAA that provides a distributed service that affects the national airspace system safety, including UAS Service Suppliers (USS), Supplemental Data Service Providers (SDSPs), and infrastructure providers such as ground-based surveillance, command-and-control and information exchange to another party. (2) UTM \nThe term UTM has the meaning given that term in section 44801 of title 49, United States Code. (3) UAS \nThe term UAS has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.", "id": "id9581267ff98a4c9e81065d58d18f26f3", "header": "UTM implementation", "nested": [ { "text": "(a) Approval process \nNot later than 270 days after the date of enactment of this section, the Administrator shall establish procedures, which may include a rulemaking, to establish a standard approval process for third party service suppliers of UTM in order to fulfill safety functions for Beyond Visual Line of Sight.", "id": "id115a0a684a26464eae6f0b7e8a566c10", "header": "Approval process", "nested": [], "links": [] }, { "text": "(b) ASTM standard \n- In establishing the standard approval process required by subsection (a), the Administrator shall ensure that ASTM International Standard F3548–21, entitled UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability , and any future possible revisions as refined and validated by the Administrator in conjunction with stakeholders including the private sector, is included as an acceptable means of compliance.", "id": "ida825300071464d6fb87c63279d6bb43f", "header": "ASTM standard", "nested": [], "links": [] }, { "text": "(c) Certification \n(1) In general \nNot later than 180 days of the date of enactment of this section, the Administrator shall initiate a process, which may include a rulemaking, to define and implement criteria and conditions for the certification and oversight of third party service suppliers of UTM that could have a direct or indirect impact on air traffic services in the national airspace system and require FAA oversight. (2) Considerations \nIn carrying out the certification process described in paragraph (1) the Administrator shall consider the facilitation and streamlining of processes for global recognition and applicability, including through bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements.", "id": "idc6407ec7b36e491891a3de3a2491f4b3", "header": "Certification", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Third party service supplier \nThe term third party service supplier means an entity other than the UAS operator or the FAA that provides a distributed service that affects the national airspace system safety, including UAS Service Suppliers (USS), Supplemental Data Service Providers (SDSPs), and infrastructure providers such as ground-based surveillance, command-and-control and information exchange to another party. (2) UTM \nThe term UTM has the meaning given that term in section 44801 of title 49, United States Code. (3) UAS \nThe term UAS has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.", "id": "id75c3186150924921a712909dd91d0d0f", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "807. Operations over the high seas \n(a) In general \nNot later than 180 days after the date of enactment of this section, and to the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation, the Administrator shall establish and implement an operational approval process to permit small unmanned aircraft systems (as defined in section 44801 of title 49, United States code), and unmanned aircraft systems (as so defined) with a special airworthiness certificate, to operate over the high seas within flight information regions for which the United States is responsible for the operational control. (b) Consultation \nIn establishing and implementing the approval process under subsection (a), the Administrator shall consult with appropriate stakeholders outside of the FAA, including industry stakeholders.", "id": "id0ed7e4e2f7984b0488a5c1ca743abe11", "header": "Operations over the high seas", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, and to the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation, the Administrator shall establish and implement an operational approval process to permit small unmanned aircraft systems (as defined in section 44801 of title 49, United States code), and unmanned aircraft systems (as so defined) with a special airworthiness certificate, to operate over the high seas within flight information regions for which the United States is responsible for the operational control.", "id": "id2644fdf1d2d94cd58a17fe06e92de89b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consultation \nIn establishing and implementing the approval process under subsection (a), the Administrator shall consult with appropriate stakeholders outside of the FAA, including industry stakeholders.", "id": "id452085ff2ca7427ab7e34b89adc258bf", "header": "Consultation", "nested": [], "links": [] } ], "links": [] }, { "text": "808. Extension of the BEYOND program \n(a) In general \nChapter 448 of title 49, United States Code, as amended by section 803(a), is amended by adding at the end the following new section: 44812. BEYOND program \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 803(b), is amended by inserting after the item relating to section 44811 the following: 44812. BEYOND program..", "id": "id902b7a92bd3643e5bb47932e8803d89e", "header": "Extension of the BEYOND program", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by section 803(a), is amended by adding at the end the following new section: 44812. BEYOND program \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program..", "id": "id88d7832e738440e49fba288f747946f0", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 803(b), is amended by inserting after the item relating to section 44811 the following: 44812. BEYOND program..", "id": "id38239d8596f54b71b4f42b3fe006a993", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44812. BEYOND program \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program.", "id": "id9924d048179a413689d5f2c11c2a015b", "header": "BEYOND program", "nested": [], "links": [] }, { "text": "809. Extension of the Know Before You Fly campaign \nSection 356 of the FAA Reauthorization Act of 2018 (Pub. Law 115–254; 132 Stat. 3305) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "id29D7057D78254783B62C60CC5DBD4F2F", "header": "Extension of the Know Before You Fly campaign", "nested": [], "links": [] }, { "text": "810. Unmanned aircraft system data exchange \n(a) Data exchange plan \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop and submit to the appropriate committees of Congress a plan to make available data that is prudent to ensure the safe integration of unmanned aircraft systems into the national airspace system. Such plan shall include the following: (1) A description of technical efforts to digitize and automate aeronautical information (including through the development and use of an unmanned aircraft systems geospatial information management system) to provide an authoritative source of geospatial information to support the operation of unmanned aircraft systems in the national airspace system. (2) Suggested refinements to standard sets of aeronautical information for current and upcoming unmanned aircraft systems integration efforts to facilitate the exchange of unmanned aircraft systems data that is relevant to the unmanned aircraft systems community. (3) An identification of sensitive flight data that may require information security controls or protection to safeguard the operational security of such flight activity with respect to air navigation services that contain information about sensitive national security or law enforcement flights. (4) Means and service fees for the data to be shared consistent with industry standard geospatial formats. (b) Coordination \nIn developing the plan under subsection (a), the Administrator shall— (1) solicit from the Secretary of the Interior and other departments or agencies, as deemed necessary by the Administrator, information relevant to the safe operation of unmanned aircraft systems in the national airspace system; and (2) coordinate with unmanned aircraft systems industry and technical groups to identify an efficient and effective format, method, and cadence for providing the required data.", "id": "id7739525020c74de59110923ef53fc0e1", "header": "Unmanned aircraft system data exchange", "nested": [ { "text": "(a) Data exchange plan \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop and submit to the appropriate committees of Congress a plan to make available data that is prudent to ensure the safe integration of unmanned aircraft systems into the national airspace system. Such plan shall include the following: (1) A description of technical efforts to digitize and automate aeronautical information (including through the development and use of an unmanned aircraft systems geospatial information management system) to provide an authoritative source of geospatial information to support the operation of unmanned aircraft systems in the national airspace system. (2) Suggested refinements to standard sets of aeronautical information for current and upcoming unmanned aircraft systems integration efforts to facilitate the exchange of unmanned aircraft systems data that is relevant to the unmanned aircraft systems community. (3) An identification of sensitive flight data that may require information security controls or protection to safeguard the operational security of such flight activity with respect to air navigation services that contain information about sensitive national security or law enforcement flights. (4) Means and service fees for the data to be shared consistent with industry standard geospatial formats.", "id": "idcd36029f8875480988f9449e1706a80c", "header": "Data exchange plan", "nested": [], "links": [] }, { "text": "(b) Coordination \nIn developing the plan under subsection (a), the Administrator shall— (1) solicit from the Secretary of the Interior and other departments or agencies, as deemed necessary by the Administrator, information relevant to the safe operation of unmanned aircraft systems in the national airspace system; and (2) coordinate with unmanned aircraft systems industry and technical groups to identify an efficient and effective format, method, and cadence for providing the required data.", "id": "id8fa47c47d71147a799e15b5001a12161", "header": "Coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "811. Unmanned aircraft system detection and mitigation enforcement authority \n(a) In general \nChapter 448 of title 49, United States Code, as amended by sections 803(a) and 808(a), is amended by adding at the end the following: 44813. Unmanned aircraft system detection and mitigation enforcement \n(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028. (b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation. (c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1). (d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by sections 803(b) and 808(b), is amended by inserting after the item relating to section 44812 the following: 44813. Unmanned aircraft system detection and mitigation enforcement..", "id": "id1647aa4b074a4e94833bfc954f0152b6", "header": "Unmanned aircraft system detection and mitigation enforcement authority", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by sections 803(a) and 808(a), is amended by adding at the end the following: 44813. Unmanned aircraft system detection and mitigation enforcement \n(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028. (b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation. (c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1). (d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section..", "id": "ide93e2d8427074cc489f6e472b292bc31", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by sections 803(b) and 808(b), is amended by inserting after the item relating to section 44812 the following: 44813. Unmanned aircraft system detection and mitigation enforcement..", "id": "id7d0b6447da9f4a45b7ca5805c667abae", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44813. Unmanned aircraft system detection and mitigation enforcement \n(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028. (b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation. (c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1). (d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.", "id": "id8540e01fdece4a00b299ce39ad24cd2c", "header": "Unmanned aircraft system detection and mitigation enforcement", "nested": [ { "text": "(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028.", "id": "idD7209B3B794841AE8C4795ABC5DE536D", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation.", "id": "id65297d89f3ed44aa80cedc086e880e20", "header": "Penalties", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1).", "id": "id4fedf49993ce43cda93e2682aa28f134", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.", "id": "id8ddb4888beac4354999c71dd56a26331", "header": "Briefing to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "812. Recreational operations of drone systems \n(a) In general \nSection 44809 of title 49, United States Code, is amended— (1) in subsection (a) by striking paragraph (6) and inserting the following: (6) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in subsection (c)(2), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions. ; (2) in subsection (c)— (A) in paragraph (1) by striking organization conducting a sanctioned event and inserting organization sponsoring operations ; (B) by redesignating paragraph (2) as paragraph (3); (C) in paragraph (3) (as so redesignated)— (i) in the paragraph heading by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; (ii) in the matter preceding subparagraph (A), by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; and (iii) in subparagraph (B), by inserting or (2) after paragraph (1) ; and (D) by inserting after paragraph (1) the following: (2) Operations in class g airspace \nSubject to compliance with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions— (A) persons operating drones under subsection (a) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace— (i) up to 400 feet above ground level, without prior authorization from the Administrator; and (ii) above 400 feet above ground level, with prior authorization from the Administrator; and (B) persons operating drones under paragraph (3) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace with prior authorization from the Administrator. ; (3) in subsection (d) by striking the subsection heading and all that follows through Nothing in this subsection and inserting the following: (d) Savings clause \nNothing in this subsection ; (4) in subsection (f)(1) by striking updates to the operational parameters and inserting the operational limitations ; and (5) in subsection (h)— (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following: (1) is recognized by the Administrator of the Federal Aviation Administration;. (b) Use of UAS at institutions of higher education \nSection 350 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44809 note) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: (2) operated by an elementary school or secondary school for educational or research purposes; ; and (2) in subsection (d)— (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting an elementary school, or a secondary school, after institution of higher education, ; and (B) by adding at the end the following: (3) Elementary school \nThe term elementary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secondary school \nThe term secondary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )..", "id": "id76782D9297504BCE82DD2E7347D51359", "header": "Recreational operations of drone systems", "nested": [ { "text": "(a) In general \nSection 44809 of title 49, United States Code, is amended— (1) in subsection (a) by striking paragraph (6) and inserting the following: (6) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in subsection (c)(2), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions. ; (2) in subsection (c)— (A) in paragraph (1) by striking organization conducting a sanctioned event and inserting organization sponsoring operations ; (B) by redesignating paragraph (2) as paragraph (3); (C) in paragraph (3) (as so redesignated)— (i) in the paragraph heading by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; (ii) in the matter preceding subparagraph (A), by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; and (iii) in subparagraph (B), by inserting or (2) after paragraph (1) ; and (D) by inserting after paragraph (1) the following: (2) Operations in class g airspace \nSubject to compliance with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions— (A) persons operating drones under subsection (a) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace— (i) up to 400 feet above ground level, without prior authorization from the Administrator; and (ii) above 400 feet above ground level, with prior authorization from the Administrator; and (B) persons operating drones under paragraph (3) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace with prior authorization from the Administrator. ; (3) in subsection (d) by striking the subsection heading and all that follows through Nothing in this subsection and inserting the following: (d) Savings clause \nNothing in this subsection ; (4) in subsection (f)(1) by striking updates to the operational parameters and inserting the operational limitations ; and (5) in subsection (h)— (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following: (1) is recognized by the Administrator of the Federal Aviation Administration;.", "id": "id43c9b561641e4e31ac346353a43d364d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of UAS at institutions of higher education \nSection 350 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44809 note) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: (2) operated by an elementary school or secondary school for educational or research purposes; ; and (2) in subsection (d)— (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting an elementary school, or a secondary school, after institution of higher education, ; and (B) by adding at the end the following: (3) Elementary school \nThe term elementary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secondary school \nThe term secondary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )..", "id": "ida5ab070b9c3946a19da043b177a435d9", "header": "Use of UAS at institutions of higher education", "nested": [], "links": [ { "text": "49 U.S.C. 44809", "legal-doc": "usc", "parsable-cite": "usc/49/44809" }, { "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" } ] } ], "links": [ { "text": "49 U.S.C. 44809", "legal-doc": "usc", "parsable-cite": "usc/49/44809" }, { "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": "813. UAS test ranges \n(a) In general \nChapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following: 44803. Unmanned aircraft test ranges \n(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2023, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2023 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process. (b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection. (c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; and (F) improving privacy protections through the use of advances in unmanned aircraft systems; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives. (d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section. (e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system. (f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. (g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a). (h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a). (i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a). (j) Termination \nThe program under this section shall terminate on September 30, 2028.. (b) Conforming amendment \nSection 44801(10) of title 49, United States Code, is amended by striking any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009 and inserting the test ranges designated by the Administrator under section 44803.", "id": "idc353ca3787094bb997fccfc2cbffb6be", "header": "UAS test ranges", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following: 44803. Unmanned aircraft test ranges \n(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2023, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2023 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process. (b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection. (c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; and (F) improving privacy protections through the use of advances in unmanned aircraft systems; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives. (d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section. (e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system. (f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. (g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a). (h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a). (i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a). (j) Termination \nThe program under this section shall terminate on September 30, 2028..", "id": "id391482fb130242509b74fbbead4d0cfe", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(b) Conforming amendment \nSection 44801(10) of title 49, United States Code, is amended by striking any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009 and inserting the test ranges designated by the Administrator under section 44803.", "id": "idd36df898858c4bcb9821f5cb4e14ea13", "header": "Conforming amendment", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "44803. Unmanned aircraft test ranges \n(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2023, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2023 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process. (b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection. (c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; and (F) improving privacy protections through the use of advances in unmanned aircraft systems; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives. (d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section. (e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system. (f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. (g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a). (h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a). (i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a). (j) Termination \nThe program under this section shall terminate on September 30, 2028.", "id": "idc7e767b0f0cb4d37af433801a9ef11d1", "header": "Unmanned aircraft test ranges", "nested": [ { "text": "(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2023, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2023 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process.", "id": "idd3c0e9709f984824a63344e5a7cf1809", "header": "Test ranges", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "(b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection.", "id": "idb79d67a7407542b8867666b74ca9c269", "header": "Airspace requirements", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; and (F) improving privacy protections through the use of advances in unmanned aircraft systems; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives.", "id": "id832991ea88684f8099d6c44ddab171db", "header": "Program requirements", "nested": [], "links": [] }, { "text": "(d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section.", "id": "id72ef9ed117614e84bbb483c7943082ad", "header": "Exemption", "nested": [], "links": [] }, { "text": "(e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system.", "id": "id71249cf78e5d4b468802483d4e5f8c04", "header": "Responsibilities of test range sponsors", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety.", "id": "id4fc22e4e2abd45528ed68bee4678b69c", "header": "Testing", "nested": [], "links": [] }, { "text": "(g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a).", "id": "idb584e79c460f45f1836a99899bf7852f", "header": "Collaborative research and development agreements", "nested": [], "links": [] }, { "text": "(h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a).", "id": "idec5f4caded7240cd9eb546878a128525", "header": "Use of Center of Excellence for Unmanned Aircraft Systems", "nested": [], "links": [] }, { "text": "(i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a).", "id": "id25f31a03173244cf92076121617a6d1f", "header": "Clarification", "nested": [], "links": [] }, { "text": "(j) Termination \nThe program under this section shall terminate on September 30, 2028.", "id": "id24018d922cd640b9895588fedb14e777", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "814. Authority regarding protection of certain facilities and assets from unmanned aircraft \nSection 547 of title V of division F of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) is amended by striking September 30, 2023 and inserting September 30, 2026.", "id": "id83a778bff9054bbab81e73628b8380f3", "header": "Authority regarding protection of certain facilities and assets from unmanned aircraft", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "815. Airport safety and airspace hazard mitigation and enforcement \nSection 44810(h) of title 49, United States Code, is amended by striking September 30, 2023 and inserting September 30, 2028.", "id": "idf6a7463dcdce4c25b1e8731505d285f5", "header": "Airport safety and airspace hazard mitigation and enforcement", "nested": [], "links": [] }, { "text": "816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems \n(a) In general \nNotwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize the safe transportation of hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under other authorities, as applicable. (b) Requirement \nIn implementing the authority in subsection (a), the Secretary shall consider, at a minimum— (1) the safety of the public and users of the national airspace system; (2) efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems; and (3) the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the likelihood, if any, that such operations will carry small quantities of hazardous materials. (c) Conformity of hazardous materials regulations \nThe Secretary shall make such changes as necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall not be required before the Secretary exercises the authority provided for in this section. (d) Definitions \nIn this section: (1) Hazardous materials \nThe term hazardous materials has the meaning given that term in section 5102 of title 49, United States Code. (2) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.", "id": "id61bf5be4301f493da9382672ca6cc431", "header": "Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems", "nested": [ { "text": "(a) In general \nNotwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize the safe transportation of hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under other authorities, as applicable.", "id": "idc92693f35260488db5fe8c9f3b0e4c62", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirement \nIn implementing the authority in subsection (a), the Secretary shall consider, at a minimum— (1) the safety of the public and users of the national airspace system; (2) efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems; and (3) the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the likelihood, if any, that such operations will carry small quantities of hazardous materials.", "id": "idbb23af37c49f43a48623c84a8463bbae", "header": "Requirement", "nested": [], "links": [] }, { "text": "(c) Conformity of hazardous materials regulations \nThe Secretary shall make such changes as necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall not be required before the Secretary exercises the authority provided for in this section.", "id": "ida9b21ea3bb954e7c87eb26057e867e91", "header": "Conformity of hazardous materials regulations", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Hazardous materials \nThe term hazardous materials has the meaning given that term in section 5102 of title 49, United States Code. (2) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.", "id": "idfe04d4f95bbc4512bd7272528cc08c1d", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "821. Sense of Congress on FAA leadership \nIt is the sense of Congress that— (1) the United States should take actions to position itself as a global leader in advanced air mobility; and (2) as such a global leader, the FAA should— (A) prioritize its work on the type certification of aircraft; (B) publish in line with its stated deadlines rulemakings and policy necessary to enable commercial operations, such as the powered-lift Special Federal Aviation Regulation (SFAR); (C) work with global partners to promote acceptance of advanced air mobility products; and (D) leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations.", "id": "id5db6e3878de740bcaeb7044dc1f841c4", "header": "Sense of Congress on FAA leadership", "nested": [], "links": [] }, { "text": "822. Aviation Rulemaking Committee on certification of powered-lift aircraft \n(a) In general \nNot later than 180 days after the date on which the first special class type certificate for powered-lift aircraft is issued, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for the creation of a standard certification pathway for the certification of powered-lift aircraft. (b) Report \n(1) In general \nNot later than 1 year after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee. (2) Considerations \nIn submitting the report under paragraph (1), the Committee shall consider the following: (A) Broad, outcome-driven safety objectives that will spur innovation and technology adoption and promote the development of performance-based regulations. (B) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for powered-lift aircraft. (c) Rulemaking \nNot later than 90 days after the date on which the Committee submits the report to the Administrator under subsection (b), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.", "id": "idD04F31FF424C4A699D86F40768FB044C", "header": "Aviation Rulemaking Committee on certification of powered-lift aircraft", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date on which the first special class type certificate for powered-lift aircraft is issued, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for the creation of a standard certification pathway for the certification of powered-lift aircraft.", "id": "id381f30a9911e403d90a70759d1d1d644", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \n(1) In general \nNot later than 1 year after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee. (2) Considerations \nIn submitting the report under paragraph (1), the Committee shall consider the following: (A) Broad, outcome-driven safety objectives that will spur innovation and technology adoption and promote the development of performance-based regulations. (B) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for powered-lift aircraft.", "id": "idc80f161557c34cc7a3867d36b0f7ec0c", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Rulemaking \nNot later than 90 days after the date on which the Committee submits the report to the Administrator under subsection (b), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.", "id": "id74dda3d326b94c43855fcbb65be907f3", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "823. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects \n(a) In general \nIn considering the environmental impacts of a proposed vertiport project on an existing airport, the Administrator shall— (1) apply an applicable categorical exclusion in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations; and (2) after consultation with the Council on Environmental Quality, take steps to establish categorical exclusions for vertiports on an existing airport, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations. (b) Definitions \nIn this section: (1) Advanced air mobility; AAM \nThe terms advanced air mobility and AAM mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. (2) Vertiport \nThe term vertiport means a designated location used or intended to be used to support advanced air mobility (AAM) operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for advanced air mobility (AAM) operations.", "id": "idc0e9fe6bbfd34c2a8bafaa6549a37240", "header": "Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects", "nested": [ { "text": "(a) In general \nIn considering the environmental impacts of a proposed vertiport project on an existing airport, the Administrator shall— (1) apply an applicable categorical exclusion in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations; and (2) after consultation with the Council on Environmental Quality, take steps to establish categorical exclusions for vertiports on an existing airport, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations.", "id": "idc6b903dd83ad441dbb8d99e97ec02002", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Definitions \nIn this section: (1) Advanced air mobility; AAM \nThe terms advanced air mobility and AAM mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. (2) Vertiport \nThe term vertiport means a designated location used or intended to be used to support advanced air mobility (AAM) operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for advanced air mobility (AAM) operations.", "id": "idb9b83a4397a84e648e15d5a09d7b8f4d", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "824. Advanced Air Mobility Working Group amendments \nSection 2(f) of the Advanced Air Mobility Coordination and Leadership Act ( 49 U.S.C. 40101 note) is amended— (1) in paragraph (1), by striking and at the end; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following new paragraph: (2) recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and ; and (4) in paragraph (3), as redesignated by paragraph (2) of this section, by striking paragraph (1) and inserting paragraphs (1) and (2).", "id": "idc38c1e43e5c945fe8c172cf1f0f6e20f", "header": "Advanced Air Mobility Working Group amendments", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "825. Rules for operation of powered-lift aircraft \n(a) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL). (b) Rulemaking \nNot later than December 31, 2024, the Administrator shall finalize a Powered-Lift Special Federal Aviation Regulation (SFAR) establishing a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo.", "id": "id3260D29CA623484EBC9EAAE9492B1D03", "header": "Rules for operation of powered-lift aircraft", "nested": [ { "text": "(a) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL).", "id": "ide024ec46dab9429fb4a314b89ba32af7", "header": "Powered-lift aircraft defined", "nested": [], "links": [] }, { "text": "(b) Rulemaking \nNot later than December 31, 2024, the Administrator shall finalize a Powered-Lift Special Federal Aviation Regulation (SFAR) establishing a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo.", "id": "idff85b14f4c444af98c2a3b3c080be68e", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "826. International coordination on powered-lift aircraft \n(a) Powered-lift aircraft plan \n(1) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall develop a plan to facilitate the ability of the aerospace industry of the United States to efficiently operate powered-lift aircraft and export powered-lift products and articles in key markets globally. (2) Requirements \nThe plan developed under paragraph (1) shall include the following: (A) An assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements so that current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures for powered-lift aircraft, products, and articles. (B) A description of methods to facilitate the efficient, global acceptance of the FAA approach to certification of powered-lift aircraft, products, and articles. (C) Any other information determined appropriated by the Administrator. (b) Coordination with civil aviation authorities \nNot later than 90 days after the plan is developed under subsection (a), the Administrator shall coordinate with international civil aviation authorities in countries that have a bilateral safety agreement and implementation procedure with the United States regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles. (c) Establishment of provisions \nNot later than 2 years after the date of enactment of this section, the Administrator shall establish the mutual processes described in subsection (b). (d) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL).", "id": "id0196101e6919407e94e46e4fc0bd8566", "header": "International coordination on powered-lift aircraft", "nested": [ { "text": "(a) Powered-lift aircraft plan \n(1) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall develop a plan to facilitate the ability of the aerospace industry of the United States to efficiently operate powered-lift aircraft and export powered-lift products and articles in key markets globally. (2) Requirements \nThe plan developed under paragraph (1) shall include the following: (A) An assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements so that current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures for powered-lift aircraft, products, and articles. (B) A description of methods to facilitate the efficient, global acceptance of the FAA approach to certification of powered-lift aircraft, products, and articles. (C) Any other information determined appropriated by the Administrator.", "id": "id266685194f9b45d19d44240faa399ce0", "header": "Powered-lift aircraft plan", "nested": [], "links": [] }, { "text": "(b) Coordination with civil aviation authorities \nNot later than 90 days after the plan is developed under subsection (a), the Administrator shall coordinate with international civil aviation authorities in countries that have a bilateral safety agreement and implementation procedure with the United States regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.", "id": "ide68770ab900c4caea3e192896df373bf", "header": "Coordination with civil aviation authorities", "nested": [], "links": [] }, { "text": "(c) Establishment of provisions \nNot later than 2 years after the date of enactment of this section, the Administrator shall establish the mutual processes described in subsection (b).", "id": "id2e3d0a01c6074eaaa26fcae627eb40be", "header": "Establishment of provisions", "nested": [], "links": [] }, { "text": "(d) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL).", "id": "idd2c500f790504f2bbb40b0018fe7e3a3", "header": "Powered-lift aircraft defined", "nested": [], "links": [] } ], "links": [] }, { "text": "827. Advanced air mobility propulsion systems aviation rulemaking committee \n(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for regulations covering, with respect to small and large type certificated aircraft, the certification and installation of— (1) electric engines and propellers; (2) hybrid electric engines and propulsion systems; (3) hydrogen fuel cells; and (4) hydrogen combustion engines or propulsion systems. (b) Considerations \nIn providing the findings and recommendations under subsection (a), the Committee shall consider the following: (1) Broad, outcome-driven safety objectives that will spur innovation and technology adoption, and promote the development of performance-based regulations. (2) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for advanced air mobility engines, propellers, and aircraft. (3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for stand alone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations. (c) Report \nNot later than 2 years after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations described in subsection (a). (d) Briefing \nNot later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding the FAA’s plans in response to the findings and recommendations contained in the report. (e) Safety cooperation \nThe Administrator shall lead efforts to engage with foreign authorities to further harmonize standards for certification and installation of the products described in paragraphs (1) through (4) of subsection (a).", "id": "idff3f34b259a243aaab5f8f3a24fcc6bb", "header": "Advanced air mobility propulsion systems aviation rulemaking committee", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for regulations covering, with respect to small and large type certificated aircraft, the certification and installation of— (1) electric engines and propellers; (2) hybrid electric engines and propulsion systems; (3) hydrogen fuel cells; and (4) hydrogen combustion engines or propulsion systems.", "id": "idcb65c426dc1b46fc846a9ed00f832b2f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Considerations \nIn providing the findings and recommendations under subsection (a), the Committee shall consider the following: (1) Broad, outcome-driven safety objectives that will spur innovation and technology adoption, and promote the development of performance-based regulations. (2) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for advanced air mobility engines, propellers, and aircraft. (3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for stand alone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.", "id": "id22fe219c1d7e419090c352b3b2789cca", "header": "Considerations", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 2 years after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations described in subsection (a).", "id": "id3c9a8e6ca6f64e7eac5fa204c1802ccd", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding the FAA’s plans in response to the findings and recommendations contained in the report.", "id": "id96cbcaecdf9d47a98dcc7a5169b79101", "header": "Briefing", "nested": [], "links": [] }, { "text": "(e) Safety cooperation \nThe Administrator shall lead efforts to engage with foreign authorities to further harmonize standards for certification and installation of the products described in paragraphs (1) through (4) of subsection (a).", "id": "idf66a711617f8415fadefeacd485f0b1f", "header": "Safety cooperation", "nested": [], "links": [] } ], "links": [] }, { "text": "901. Advanced materials center of excellence enhancements \nSection 44518 of title 49, United States Code, is amended— (1) in subsection (a), by striking under its structure and all that follows through the period and inserting through September 30, 2028, under its structure as in effect on March 1, 2023, which shall focus on applied research and training on the safe use of composites and advanced materials in airframe structures. The Center shall also conduct research and development into aircraft structure crash worthiness and passenger safety, as well as address safe and accessible air travel of individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), including materials required to facilitate safe wheelchair restraint systems on commercial aircraft. The Administrator shall award grants to the Center within 90 days from the date the Grants Officer recommends a proposal for award to the Administrator. ; and (2) by striking subsection (b) and inserting the following: (b) Responsibilities \nThe Center shall— (1) promote and facilitate collaboration among member universities, academia, the Federal Aviation Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders; (2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which should include all structural materials, such as carbon fiber polymers and thermoplastic composites, and structural technologies, such as additive manufacturing, to be used in applications within the commercial aircraft industry, including traditional fixed-wing aircraft, rotorcraft, and emerging aircraft types such as advanced air mobility aircraft; and (3) establish criteria for the safe movement of all passengers, including individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), and individuals using their personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders..", "id": "idcda6fdc79f0a4260aa80d090ae926cc6", "header": "Advanced materials center of excellence enhancements", "nested": [], "links": [] }, { "text": "902. Center of excellence for unmanned aircraft systems \n(a) In general \nChapter 448 of title 49, United States Code, as amended by section 811(a), is amended by inserting after section 44813 the following new section: 44814. Center of Excellence for Unmanned Aircraft Systems \n(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 811(b), is amended by inserting after the item relating to section 44813 the following: 44814. Center of Excellence for Unmanned Aircraft Systems..", "id": "idf1a929c1c02545d5b82876a61b502d4d", "header": "Center of excellence for unmanned aircraft systems", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by section 811(a), is amended by inserting after section 44813 the following new section: 44814. Center of Excellence for Unmanned Aircraft Systems \n(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators..", "id": "id60509EF75803400F874F0AE7E4F68877", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 811(b), is amended by inserting after the item relating to section 44813 the following: 44814. Center of Excellence for Unmanned Aircraft Systems..", "id": "id6EC7E0F37A8046A18D4DB4986C81B5DC", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44814. Center of Excellence for Unmanned Aircraft Systems \n(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.", "id": "id14FF8050FEE247E089CD848D3B31DF29", "header": "Center of Excellence for Unmanned Aircraft Systems", "nested": [ { "text": "(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023.", "id": "idB07ABADBD4B949C8AA9A6FC60277426F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.", "id": "idbec60fce768642b0ad21a34f9f3709ab", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.", "id": "id0bb635ccc7234238967037a19c6bd1da", "header": "Program participation", "nested": [], "links": [] } ], "links": [] }, { "text": "903. ASSUREd safe credentialing authority \n(a) In general \nChapter 448 of title 49, United States Code, as amended by section 902(a), is amended by inserting after section 44814 the following new section: 44815. ASSUREd Safe credentialing authority \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University. (b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.. (b) Clerical amendment \nThe analysis for chapter 448 of such title, as amended by section 902(b), is amended by inserting after the item relating to section 44814 the following: 44815. ASSUREd Safe Credentialing Authority..", "id": "id3adf3c2800844761bf276fc95e96b98e", "header": "ASSUREd safe credentialing authority", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by section 902(a), is amended by inserting after section 44814 the following new section: 44815. ASSUREd Safe credentialing authority \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University. (b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration..", "id": "idD8368F1AA4214960AC4CE54BFAAC17F5", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of such title, as amended by section 902(b), is amended by inserting after the item relating to section 44814 the following: 44815. ASSUREd Safe Credentialing Authority..", "id": "id1DF77136C7684FEB9BFCC6E127C33850", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44815. ASSUREd Safe credentialing authority \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University. (b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.", "id": "id59BF4AEE7B4A4160A93B2C5D154939AB", "header": "ASSUREd Safe credentialing authority", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University.", "id": "idd714a209edec496cb8e64d2f0007e50d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.", "id": "id46112c6bceb74707a138be83c7f2dad8", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "904. FAA and NASA advanced aviation technologies pilot program \n(a) Pilot program \n(1) Establishment \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as the NASA Administrator ), shall establish a pilot program to facilitate the appointment of individuals from NASA to the FAA to serve in temporary technical discipline expert positions relating to advanced aviation technologies (in this section referred to as the program ). (2) Considerations \nIn developing the program, the Administrator shall consider— (A) existing mechanisms of collaboration between FAA and NASA relating to aeronautics programs, advisory committees, and work groups; (B) the degree to which FAA and NASA facilitate partnerships between subject matter experts to support the research and development, testing, and certification of advanced aviation technologies; and (C) how temporary appointments under the program may be best used to enhance the technical capacity of the FAA and technical partnerships between agencies. (b) Temporary appointment of NASA personnel \n(1) Terms and conditions \nThe Administrator, in coordination with the NASA Administrator, shall identify qualifying projects or activities at the FAA that would benefit from temporary appointments of highly qualified, experienced professionals under the program to enhance technical capacity, knowledge, skills, and abilities relating to research and development, certification, and the safe deployment of advanced aviation technologies. The Administrator and NASA Administrator shall jointly establish the terms and conditions of service under the program and issue relevant guidelines related to the responsibilities and duration of service of participating NASA personnel. In approving NASA personnel for participation in the program, the NASA Administrator shall certify that the temporary appointment of such personnel shall not have an adverse impact on the post-assignment employment duties of relevant NASA personnel or an undue adverse impact on the mission of the agency. (2) Special rules \nThe Administrator shall make clear that any responsibilities of NASA personnel participating in the program constitute serving in temporary technical discipline expert positions at the FAA and are subject to FAA conflict-of-interest policies and supervision. (3) Rules for pay and benefits for NASA personnel \nAny individuals employed by NASA who are participating in the program shall continue to receive pay and benefits from NASA and shall not receive pay or benefits from the FAA for the duration of the program. (c) Authority to transfer and receive resources \nIn supporting the participation of NASA personnel, the Administrator and NASA Administrator may authorize the use of NASA technical services, equipment, software, and facilities without reimbursement to facilitate cooperation between agencies under the program. (d) Program review and report \n(1) Review \nThe Comptroller General shall conduct a comprehensive review of the program that includes evaluation of the impact of the program on improving coordination on projects and sharing of technical expertise between agencies relating to advanced aviation technologies. (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), along with recommendations for such future action as the Comptroller General determines appropriate.", "id": "idf95551342b594bcfb6801ff85e3fad2b", "header": "FAA and NASA advanced aviation technologies pilot program", "nested": [ { "text": "(a) Pilot program \n(1) Establishment \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as the NASA Administrator ), shall establish a pilot program to facilitate the appointment of individuals from NASA to the FAA to serve in temporary technical discipline expert positions relating to advanced aviation technologies (in this section referred to as the program ). (2) Considerations \nIn developing the program, the Administrator shall consider— (A) existing mechanisms of collaboration between FAA and NASA relating to aeronautics programs, advisory committees, and work groups; (B) the degree to which FAA and NASA facilitate partnerships between subject matter experts to support the research and development, testing, and certification of advanced aviation technologies; and (C) how temporary appointments under the program may be best used to enhance the technical capacity of the FAA and technical partnerships between agencies.", "id": "idf82fba188aea437b97f804c1015d0dcb", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Temporary appointment of NASA personnel \n(1) Terms and conditions \nThe Administrator, in coordination with the NASA Administrator, shall identify qualifying projects or activities at the FAA that would benefit from temporary appointments of highly qualified, experienced professionals under the program to enhance technical capacity, knowledge, skills, and abilities relating to research and development, certification, and the safe deployment of advanced aviation technologies. The Administrator and NASA Administrator shall jointly establish the terms and conditions of service under the program and issue relevant guidelines related to the responsibilities and duration of service of participating NASA personnel. In approving NASA personnel for participation in the program, the NASA Administrator shall certify that the temporary appointment of such personnel shall not have an adverse impact on the post-assignment employment duties of relevant NASA personnel or an undue adverse impact on the mission of the agency. (2) Special rules \nThe Administrator shall make clear that any responsibilities of NASA personnel participating in the program constitute serving in temporary technical discipline expert positions at the FAA and are subject to FAA conflict-of-interest policies and supervision. (3) Rules for pay and benefits for NASA personnel \nAny individuals employed by NASA who are participating in the program shall continue to receive pay and benefits from NASA and shall not receive pay or benefits from the FAA for the duration of the program.", "id": "id4220d4c9e1b247128ed9492444f706f5", "header": "Temporary appointment of NASA personnel", "nested": [], "links": [] }, { "text": "(c) Authority to transfer and receive resources \nIn supporting the participation of NASA personnel, the Administrator and NASA Administrator may authorize the use of NASA technical services, equipment, software, and facilities without reimbursement to facilitate cooperation between agencies under the program.", "id": "idff33007316604e5a8529432790a072d7", "header": "Authority to transfer and receive resources", "nested": [], "links": [] }, { "text": "(d) Program review and report \n(1) Review \nThe Comptroller General shall conduct a comprehensive review of the program that includes evaluation of the impact of the program on improving coordination on projects and sharing of technical expertise between agencies relating to advanced aviation technologies. (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), along with recommendations for such future action as the Comptroller General determines appropriate.", "id": "id62df29f45497425299d1cf9902431cfd", "header": "Program review and report", "nested": [], "links": [] } ], "links": [] }, { "text": "905. Advancing global leadership on civil supersonic aircraft \nSection 181 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a), by striking regulations, and standards and inserting regulations, standards, and recommended practices ; and (2) by adding at the end the following new subsection: (g) Additional reports \n(1) Initial progress report \nNot later than 1 years after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report describing— (A) the progress of the actions described in subsection (d)(1); (B) any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including those identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and (C) any other information determined appropriate by the Administrator. (2) Subsequent report \nNot later than 2 years after the date on which the Administrator submits the initial progress report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress an updated report on the progress of the actions described in paragraph (1)..", "id": "id18665348fe644fe297289ce9b980b865", "header": "Advancing global leadership on civil supersonic aircraft", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "906. CLEEN engine and airframe technology partnership \nSection 47511 of title 49, United States Code, is amended— (1) in subsection (a), by striking subsonic after fuels for civil ; and (2) by adding at the end the following: (d) Selection \nIn carrying out the program, the Administrator may ensure that not less than 2 of the cooperative agreements entered into under this section involve the participation of an entity that is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )), provided that the entity’s submitted technology proposal meets requisite technology readiness levels for entry into the agreement as determined by the Administrator..", "id": "id88b554862ef0440ba2b1343840ee887a", "header": "CLEEN engine and airframe technology partnership", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "907. Hypersonic flight testing \n(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall establish procedures for permitting manned flights in oceanic airspace and overland flights operating with speeds in excess of Mach 5 and above for the purposes of developmental and airworthiness testing (including demonstration flights in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system). (b) Considerations \nIn carrying out subsection (a), the Administrator shall consider— (1) the provisions of parts 91.817 and 91.818 of title 14, Code of Federal Regulations; (2) applications for special flight authorizations for flights operating with speeds in excess of Mach 5, as described in such part 91.818; (3) the environmental impacts of developmental and airworthiness testing operations; (4) whether to require applicants to include specification of proposed flight areas; (5) the authorization of flights to and from spaceports and airports in Class D airspace within 10 nautical miles of oceanic coastline; (6) developing the vertical limits at or above the altitude necessary for safe hypersonic operations; (7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressure; and (8) the safety of the uninvolved public.", "id": "id1ccf8b8f87954fd89d09384747de2ec8", "header": "Hypersonic flight testing", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall establish procedures for permitting manned flights in oceanic airspace and overland flights operating with speeds in excess of Mach 5 and above for the purposes of developmental and airworthiness testing (including demonstration flights in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system).", "id": "idb5399d17d7434830963b9cf941328a67", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Considerations \nIn carrying out subsection (a), the Administrator shall consider— (1) the provisions of parts 91.817 and 91.818 of title 14, Code of Federal Regulations; (2) applications for special flight authorizations for flights operating with speeds in excess of Mach 5, as described in such part 91.818; (3) the environmental impacts of developmental and airworthiness testing operations; (4) whether to require applicants to include specification of proposed flight areas; (5) the authorization of flights to and from spaceports and airports in Class D airspace within 10 nautical miles of oceanic coastline; (6) developing the vertical limits at or above the altitude necessary for safe hypersonic operations; (7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressure; and (8) the safety of the uninvolved public.", "id": "idbc3d01f6119a434281dfa93a48beb848", "header": "Considerations", "nested": [], "links": [] } ], "links": [] }, { "text": "908. Hypersonic pathway to integration study \n(a) Study \n(1) In general \nThe Administrator shall conduct a study assessing actions necessary to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system. (2) Contents \nThe study conducted under paragraph (1) shall include, at a minimum— (A) an initial assessment of cross-agency equities related to hypersonic aircraft technologies and flight; (B) the identification, development, and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of hypersonic aircraft; (C) the development of a framework and timeline to establish the appropriate regulatory requirements for conducting hypersonic aircraft flights; (D) strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct hypersonic aircraft flights; and (E) a survey of global hypersonic aircraft-related regulatory and testing developments or activities. (3) Considerations \nIn conducting the study under paragraph (1), the Administrator may consider— (A) the feedback and technical expertise of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe operation and integration of hypersonic aircraft into the national airspace system; (B) opportunities for— (i) demonstrating United States global leadership in aeronautics, including hypersonic aircraft and related technologies; and (ii) strengthening global harmonization in aeronautics; and (C) the development of international policies, regulations, and standards relating to the certification and safe operation of hypersonic aircraft. (4) Consultation \nIn conducting the study under paragraph (1), the Administrator shall consult with representatives from Federal agencies, industry, and other stakeholders, including— (A) the National Aeronautics and Space Administration; (B) the Department of Defense; (C) aircraft manufacturers; (D) institutions of higher education; and (E) any other stakeholders the Administrator determines appropriate. (b) Report \nNot later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system. (c) Definition of hypersonic \nIn this section, the term hypersonic means an aircraft or flight operating at speeds in excess of Mach 5 and above.", "id": "id254e320b61d44881b57f72b523166aee", "header": "Hypersonic pathway to integration study", "nested": [ { "text": "(a) Study \n(1) In general \nThe Administrator shall conduct a study assessing actions necessary to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system. (2) Contents \nThe study conducted under paragraph (1) shall include, at a minimum— (A) an initial assessment of cross-agency equities related to hypersonic aircraft technologies and flight; (B) the identification, development, and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of hypersonic aircraft; (C) the development of a framework and timeline to establish the appropriate regulatory requirements for conducting hypersonic aircraft flights; (D) strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct hypersonic aircraft flights; and (E) a survey of global hypersonic aircraft-related regulatory and testing developments or activities. (3) Considerations \nIn conducting the study under paragraph (1), the Administrator may consider— (A) the feedback and technical expertise of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe operation and integration of hypersonic aircraft into the national airspace system; (B) opportunities for— (i) demonstrating United States global leadership in aeronautics, including hypersonic aircraft and related technologies; and (ii) strengthening global harmonization in aeronautics; and (C) the development of international policies, regulations, and standards relating to the certification and safe operation of hypersonic aircraft. (4) Consultation \nIn conducting the study under paragraph (1), the Administrator shall consult with representatives from Federal agencies, industry, and other stakeholders, including— (A) the National Aeronautics and Space Administration; (B) the Department of Defense; (C) aircraft manufacturers; (D) institutions of higher education; and (E) any other stakeholders the Administrator determines appropriate.", "id": "id9eafc6b4d1a64c10a7b4f7464de235dc", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system.", "id": "idf440c69980cd4dc6b3efaacb289b30be", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Definition of hypersonic \nIn this section, the term hypersonic means an aircraft or flight operating at speeds in excess of Mach 5 and above.", "id": "id7f80d492ffe84323a7aa83eccb63a74e", "header": "Definition of hypersonic", "nested": [], "links": [] } ], "links": [] }, { "text": "909. Operating high-speed flights in high altitude Class E airspace \n(a) Consultation \nNot later than 12 months after the date of enactment of this section, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify the minimum altitude above the upper boundary of Class A airspace at or above which flights operating with speeds above Mach 1 generate sonic booms that are inaudible at the surface under prevailing atmospheric conditions. (b) Rulemaking \nNot later than 2 years after the date on which the Administrator identifies the minimum altitude described in subsection (a), the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under subsection (a) without specific authorizations, provided that such flight operations— (1) show compliance with airworthiness requirements; (2) do not cause a measurable sonic boom overpressure to reach the surface; and (3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace.", "id": "id6c41c0cb50b748948972d546063bd71e", "header": "Operating high-speed flights in high altitude Class E airspace", "nested": [ { "text": "(a) Consultation \nNot later than 12 months after the date of enactment of this section, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify the minimum altitude above the upper boundary of Class A airspace at or above which flights operating with speeds above Mach 1 generate sonic booms that are inaudible at the surface under prevailing atmospheric conditions.", "id": "id4e25e2d345a34813bdfb2963f0b1177e", "header": "Consultation", "nested": [], "links": [] }, { "text": "(b) Rulemaking \nNot later than 2 years after the date on which the Administrator identifies the minimum altitude described in subsection (a), the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under subsection (a) without specific authorizations, provided that such flight operations— (1) show compliance with airworthiness requirements; (2) do not cause a measurable sonic boom overpressure to reach the surface; and (3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace.", "id": "idefdd69ab05c0414fad67944a85d19538", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "910. Electric propulsion aircraft operations study \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Comptroller General shall initiate a study assessing the safe and scalable operation and integration of electric aircraft into the national airspace system. (b) Contents \nThe study required under subsection (a) shall address— (1) the technical capacity and competencies needed for the FAA to certify aircraft systems specific to electric aircraft; (2) the data development and collection required to develop standards specific to electric aircraft; (3) the regulatory standards and guidance material needed to facilitate the safe operation of electric aircraft, including— (A) fire protection; (B) high voltage electromagnetic environments; (C) engine and human machine interfaces; (D) reliability of high voltage components and insulation; (E) lithium batteries for propulsion use; (F) operating and pilot qualifications; and (G) airspace integration; (4) the airport infrastructure requirements to support electric aircraft operations, including an assessment of— (A) existing capabilities of airport infrastructure as of the date of enactment of this section; (B) aircraft operations specifications; (C) projected operations demand by carriers and other operators; (D) potential modifications to existing airport infrastructure; (E) additional investments in new infrastructure and systems required to meet operations demand; and (F) management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; and (5) varying types of electric aircraft, including advanced air mobility aircraft and small or regional passenger or cargo aircraft. (c) Considerations \nIn conducting the study under subsection (a), the Comptroller General may consider the following: (1) The potential for improvements to air service connectivity for communities through the deployment of electric aircraft operations, including by— (A) establishing routes to small and rural communities; and (B) introducing alternative modes of transportation for multimodal operations within communities. (2) Impacts to airport-adjacent communities, including implications due to changes in airspace utilization and land use compatibility. (d) Report to Congress \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (e) Definitions \nIn this section: (1) Electric aircraft \nThe term electric aircraft means an aircraft with a fully electric or hybrid electric driven propulsion system used for flight. (2) Advanced air mobility \nThe term advanced air mobility means a transportation system that transports passengers and cargo by air between two points in the United States using aircraft with advanced technologies, including aircraft with hybrid or electric vertical take-off and landing capabilities, in both controlled and uncontrolled airspace.", "id": "idd02d76da306e4a508a3f266a3029c129", "header": "Electric propulsion aircraft operations study", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Comptroller General shall initiate a study assessing the safe and scalable operation and integration of electric aircraft into the national airspace system.", "id": "ida634fa9594eb48c5b21d5f36dc5cf3f3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe study required under subsection (a) shall address— (1) the technical capacity and competencies needed for the FAA to certify aircraft systems specific to electric aircraft; (2) the data development and collection required to develop standards specific to electric aircraft; (3) the regulatory standards and guidance material needed to facilitate the safe operation of electric aircraft, including— (A) fire protection; (B) high voltage electromagnetic environments; (C) engine and human machine interfaces; (D) reliability of high voltage components and insulation; (E) lithium batteries for propulsion use; (F) operating and pilot qualifications; and (G) airspace integration; (4) the airport infrastructure requirements to support electric aircraft operations, including an assessment of— (A) existing capabilities of airport infrastructure as of the date of enactment of this section; (B) aircraft operations specifications; (C) projected operations demand by carriers and other operators; (D) potential modifications to existing airport infrastructure; (E) additional investments in new infrastructure and systems required to meet operations demand; and (F) management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; and (5) varying types of electric aircraft, including advanced air mobility aircraft and small or regional passenger or cargo aircraft.", "id": "iddb6b750d5af3409995872cab79af3dc8", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn conducting the study under subsection (a), the Comptroller General may consider the following: (1) The potential for improvements to air service connectivity for communities through the deployment of electric aircraft operations, including by— (A) establishing routes to small and rural communities; and (B) introducing alternative modes of transportation for multimodal operations within communities. (2) Impacts to airport-adjacent communities, including implications due to changes in airspace utilization and land use compatibility.", "id": "idf63cf41d37814a5e9d93efdbd9c77fd8", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Report to Congress \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id9365face90004e10a4a429f34044eb65", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Electric aircraft \nThe term electric aircraft means an aircraft with a fully electric or hybrid electric driven propulsion system used for flight. (2) Advanced air mobility \nThe term advanced air mobility means a transportation system that transports passengers and cargo by air between two points in the United States using aircraft with advanced technologies, including aircraft with hybrid or electric vertical take-off and landing capabilities, in both controlled and uncontrolled airspace.", "id": "id43bec1c5ca3044ef9be12cf8fe6018f9", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "911. Contract weather observers program \nSection 2306 of the FAA Extension, Safety, and Security Act of 2016 (P.L. 114–190; 130 Stat. 641) is amended by striking subsection (b) and inserting the following: (b) Continued use of contract weather observers \n(1) In general \nSubject to paragraph (2), the Administrator may not discontinue or diminish the contract weather observer program at any airport until September 30, 2028. (2) Availability of new technology \nIf the Administrator determines that technology has become available that could provide equal or better service than the contract weather observer program, the Administrator may discontinue or diminish the contract weather observer program at any airport earlier than the date specified in paragraph (1), but only if, not later than 180 days before the date on which the Administrator proposes to discontinue or diminish such program at any airport, the Administrator notifies the appropriate committees of Congress of such proposed action and submits information relating to the determination of the availability of such technology and the reasoning for such proposed action..", "id": "id0622e3d9565d401b8355fe2e8825ba2d", "header": "Contract weather observers program", "nested": [], "links": [] }, { "text": "912. Airfield pavement technology program \nUsing amounts made available under section 48102(a) of title 49, United States Code, the Secretary may carry out a program for the research and development of airfield pavement technologies under which the Secretary makes grants to, and enters into cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) and nonprofit organizations that— (1) research concrete and asphalt pavement technologies that extend the life of airfield pavements; (2) develop sustainability and resiliency guidelines to improve long-term pavement performance; (3) develop and conduct training with respect to such airfield pavement technologies; (4) provide for demonstration projects of such airfield pavement technologies; and (5) promote the latest airfield pavement technologies to aid the development of safer, more cost effective, and more resilient and sustainable airfield pavements.", "id": "id386a03a272cf49758f21548f15f8b0c9", "header": "Airfield pavement technology program", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "913. National aviation research plan modification \n(a) Modification of submission deadline \nSection 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission. (b) Conforming amendment \nSection 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission.", "id": "id2da9cd75db964b01bbb5229313c37934", "header": "National aviation research plan modification", "nested": [ { "text": "(a) Modification of submission deadline \nSection 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission.", "id": "id16f8bf45c2114546aeaf9d3603e18891", "header": "Modification of submission deadline", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission.", "id": "id7550cb0c8110495f93bbb8f2b448ddc3", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "914. FAA and NASA research and development coordination review \n(a) Review \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as NASA ) shall conduct a review of aeronautics research and development coordination between Federal agencies and the extent to which NASA and the FAA can improve collaboration in order to leverage each other’s subject matter expertise relating to civil aviation projects. (2) Contents \nIn carrying out the review under paragraph (1), the Administrator shall— (A) review the extent to which NASA and the FAA leverage each other’s laboratory and testing capabilities, facilities, resources, and subject matter expert personnel in support of aeronautics research and development programs and projects; (B) assess— (i) the current fiscal year, and the 3 most recent fiscal years, of Federal expenditures for the FAA and NASA’s research and development programs and projects; and (ii) the extent to which other Federal agencies, industry partners, and research organizations are involved in such programs and projects; and (C) develop recommendations for the improvement of coordination, collaboration, and efficiency of aeronautics research and development programs to reduce overlap between NASA, the FAA, other Federal agencies, academia, research organizations, standards groups, and industry. (b) Report \nNot later than 180 days after completing the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on such review, including the recommendations developed under subsection (a)(2)(C).", "id": "idde996f90b6664dfcae2c8b3c86a0a3db", "header": "FAA and NASA research and development coordination review", "nested": [ { "text": "(a) Review \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as NASA ) shall conduct a review of aeronautics research and development coordination between Federal agencies and the extent to which NASA and the FAA can improve collaboration in order to leverage each other’s subject matter expertise relating to civil aviation projects. (2) Contents \nIn carrying out the review under paragraph (1), the Administrator shall— (A) review the extent to which NASA and the FAA leverage each other’s laboratory and testing capabilities, facilities, resources, and subject matter expert personnel in support of aeronautics research and development programs and projects; (B) assess— (i) the current fiscal year, and the 3 most recent fiscal years, of Federal expenditures for the FAA and NASA’s research and development programs and projects; and (ii) the extent to which other Federal agencies, industry partners, and research organizations are involved in such programs and projects; and (C) develop recommendations for the improvement of coordination, collaboration, and efficiency of aeronautics research and development programs to reduce overlap between NASA, the FAA, other Federal agencies, academia, research organizations, standards groups, and industry.", "id": "idb2a9dddd55c8454aabc762155297b369", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 180 days after completing the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on such review, including the recommendations developed under subsection (a)(2)(C).", "id": "id52fb68caef6d41a0bd24f97276529766", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "915. Research and development of FAA's aeronautical information systems modernization activities \n(a) In general \nNot later than 60 days after the date of enactment of this section, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall carry out a research and development program to assist with the continuous modernization of the FAA’s aeronautical information systems, including, but not limited to— (1) the Aeronautical Information Management Modernization (AIMM), including the FAA’s Notice to Air Missions (NOTAM) system; (2) the Aviation Safety Information Analysis and Sharing (ASIAS) system; and (3) the Service Difficulty Reporting System (SDRS). (b) Review and report \n(1) Review \nNot later than 180 days after the date of enactment of this section, the Administrator shall enter into an agreement with a Federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of FAA’s aeronautical information systems. Such review shall identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center to further modernize such systems. (2) Report \nNot later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator and the appropriate committees of Congress a report on the review conducted under paragraph (1), together with such recommendations as the Center determines appropriate.", "id": "ida618280cef34432198d3a32987d20a71", "header": "Research and development of FAA's aeronautical information systems modernization activities", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of enactment of this section, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall carry out a research and development program to assist with the continuous modernization of the FAA’s aeronautical information systems, including, but not limited to— (1) the Aeronautical Information Management Modernization (AIMM), including the FAA’s Notice to Air Missions (NOTAM) system; (2) the Aviation Safety Information Analysis and Sharing (ASIAS) system; and (3) the Service Difficulty Reporting System (SDRS).", "id": "id9c249f8eea0d4c33acdc19c950c9e665", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Review and report \n(1) Review \nNot later than 180 days after the date of enactment of this section, the Administrator shall enter into an agreement with a Federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of FAA’s aeronautical information systems. Such review shall identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center to further modernize such systems. (2) Report \nNot later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator and the appropriate committees of Congress a report on the review conducted under paragraph (1), together with such recommendations as the Center determines appropriate.", "id": "ida1fc28d13fec4f29b2333dcd923cee59", "header": "Review and report", "nested": [], "links": [] } ], "links": [] }, { "text": "916. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nChapter 445 of title 49, United States Code, is amended by adding at the end the following new section: 44520. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft. (c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies. (d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.. (b) Clerical amendment \nThe analysis for chapter 445 of such title is amended by inserting after the item relating to section 44519 the following: 44520. Center of Excellence for Alternative Jet Fuels and Environment..", "id": "idca4dfad3b0664c03851bb48b401f1623", "header": "Center of Excellence for Alternative Jet Fuels and Environment", "nested": [ { "text": "(a) In general \nChapter 445 of title 49, United States Code, is amended by adding at the end the following new section: 44520. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft. (c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies. (d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration..", "id": "iddc95cefd6b2341f9adce2780a6e1d3fe", "header": "In general", "nested": [], "links": [ { "text": "Chapter 445", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/445" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 445 of such title is amended by inserting after the item relating to section 44519 the following: 44520. Center of Excellence for Alternative Jet Fuels and Environment..", "id": "id681b6d5b36ec424cadf3931dfe247523", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 445", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/445" } ] }, { "text": "44520. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft. (c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies. (d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.", "id": "id246d0d20358e408faf0865efb6e2c3df", "header": "Center of Excellence for Alternative Jet Fuels and Environment", "nested": [ { "text": "(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023.", "id": "ide2dadddd6b1f4ed29c8dc82dd020bd9b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft.", "id": "idf5e7ef6f6a904fa7b3d8aa299f846b24", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies.", "id": "id9afe6051c5ec4d808c9f65e662f0a2f2", "header": "Grant authority", "nested": [], "links": [] }, { "text": "(d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.", "id": "P0BA2DC4044D2E650B529E381B9E9EA3", "header": "Participation", "nested": [], "links": [] } ], "links": [] }, { "text": "917. Aircraft Noise Advisory Committee \n(a) Establishment \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the Advisory Committee) to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations. (b) Membership \nThe Administrator shall appoint the members of the Advisory Committee, which shall be comprised of— (1) at least 1 representative of each of— (A) engine manufacturers; (B) air carriers; (C) airport owners or operators; (D) aircraft manufacturers; (E) advanced air mobility manufacturers or operators; (F) institutions of higher education; and (G) the National Aeronautics and Space Administration; and (2) representatives of airport-adjacent communities from geographically diverse regions. (c) Duties \nThe duties of the Advisory Committee shall include— (1) the evaluation of existing research on aircraft noise impacts and annoyance; (2) the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level (DNL) standard; (3) the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered; (4) the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and (5) other duties determined appropriate by the Administrator. (d) Reports \n(1) In general \nNot later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies. (2) Report to Congress \nNot later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee. (e) Congressional briefing \nNot later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the Administrator’s reason for not implementing the recommendation.", "id": "id1208cac66f714d25bdb25857316bbbf1", "header": "Aircraft Noise Advisory Committee", "nested": [ { "text": "(a) Establishment \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the Advisory Committee) to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations.", "id": "idc6a1456883a9442c9e4c59ad493a4226", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Administrator shall appoint the members of the Advisory Committee, which shall be comprised of— (1) at least 1 representative of each of— (A) engine manufacturers; (B) air carriers; (C) airport owners or operators; (D) aircraft manufacturers; (E) advanced air mobility manufacturers or operators; (F) institutions of higher education; and (G) the National Aeronautics and Space Administration; and (2) representatives of airport-adjacent communities from geographically diverse regions.", "id": "id8eebcb2e0c6a426bbd474500653a64f1", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe duties of the Advisory Committee shall include— (1) the evaluation of existing research on aircraft noise impacts and annoyance; (2) the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level (DNL) standard; (3) the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered; (4) the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and (5) other duties determined appropriate by the Administrator.", "id": "id260f483972314d11965dcb4cdd9bde51", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Reports \n(1) In general \nNot later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies. (2) Report to Congress \nNot later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee.", "id": "ide0feb85250194a8ea3143561a25cb8ca", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Congressional briefing \nNot later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the Administrator’s reason for not implementing the recommendation.", "id": "idba89b468564149c8a0a056244f93caef", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1001. Noise mitigation \n(a) Requirements for landing and departing aircraft \n(1) Landing aircraft \nAll aircraft landing at Boise Airport (BOI) that will be facing west on the runway when landing on runways 10R and 10L shall travel over a circle on the ground (the center of which is located at 43°37'45.3\" N, 116°24'49.3\" W, and the radius of which is 2 miles) at an altitude of not less than 5,000 feet when passing over such circle. All aircraft approaching from the west shall fly a straight vector from the above described circle to the Boise Airport (BOI) runway on which it is landing. (2) Departing aircraft \nAll aircraft departing the Boise Airport (BOI) to the west on runways 28R and 28L shall travel over the circle described in paragraph (1) and in such a manner as the aircraft is at least 5,000 feet in altitude as it passes over the circle. All aircraft departing the Boise Airport (BOI) to the west shall fly a straight vector from the Boise Airport (BOI) runway the aircraft is leaving, to the such circle and only after leaving the circle shall the aircraft change vectors. (b) Applicability \nSubject to subsection (c), this requirement shall apply to and regulate all entities and persons including, but not limited to the FAA, FAA Employees and their contractors and agents, all branches of the United States Military, air traffic controllers, pilots, co-pilots, and all other persons and entities directing or controlling any aircraft landing at or departing Boise Airport (BOI) in Boise, Idaho. This requirement shall only apply to commercial aviation, military aviation, and general aviation aircraft that weigh 12,500 pounds of maximum takeoff weight or more. (c) Exception \nThis regulation shall not apply during a bono fide safety emergency applicable to a single flight. (d) Enforcement \nA violation of this section shall be a misdemeanor and violators shall be liable for civil damages.", "id": "id39292ea7ab5b4855b12aee299e59e0cb", "header": "Noise mitigation", "nested": [ { "text": "(a) Requirements for landing and departing aircraft \n(1) Landing aircraft \nAll aircraft landing at Boise Airport (BOI) that will be facing west on the runway when landing on runways 10R and 10L shall travel over a circle on the ground (the center of which is located at 43°37'45.3\" N, 116°24'49.3\" W, and the radius of which is 2 miles) at an altitude of not less than 5,000 feet when passing over such circle. All aircraft approaching from the west shall fly a straight vector from the above described circle to the Boise Airport (BOI) runway on which it is landing. (2) Departing aircraft \nAll aircraft departing the Boise Airport (BOI) to the west on runways 28R and 28L shall travel over the circle described in paragraph (1) and in such a manner as the aircraft is at least 5,000 feet in altitude as it passes over the circle. All aircraft departing the Boise Airport (BOI) to the west shall fly a straight vector from the Boise Airport (BOI) runway the aircraft is leaving, to the such circle and only after leaving the circle shall the aircraft change vectors.", "id": "ida3db40e9d3d44e5c80dc8bcc3e404677", "header": "Requirements for landing and departing aircraft", "nested": [], "links": [] }, { "text": "(b) Applicability \nSubject to subsection (c), this requirement shall apply to and regulate all entities and persons including, but not limited to the FAA, FAA Employees and their contractors and agents, all branches of the United States Military, air traffic controllers, pilots, co-pilots, and all other persons and entities directing or controlling any aircraft landing at or departing Boise Airport (BOI) in Boise, Idaho. This requirement shall only apply to commercial aviation, military aviation, and general aviation aircraft that weigh 12,500 pounds of maximum takeoff weight or more.", "id": "id490488ca74184c32aafc6343f6eea109", "header": "Applicability", "nested": [], "links": [] }, { "text": "(c) Exception \nThis regulation shall not apply during a bono fide safety emergency applicable to a single flight.", "id": "idecf36a6459874ae89b3a1e79a6f7dd3e", "header": "Exception", "nested": [], "links": [] }, { "text": "(d) Enforcement \nA violation of this section shall be a misdemeanor and violators shall be liable for civil damages.", "id": "id553b519498464474b3969bfc3c948164", "header": "Enforcement", "nested": [], "links": [] } ], "links": [] }, { "text": "1101. Technical corrections \n(a) Disposal of property \nSection 40110(c)(4) of title 49, United States Code, is amended by striking subsection (a)(2) and inserting subsection (a)(3). (b) Civil penalty \nSection 44704(f) of title 49, United States Code, is amended by striking subsection (a)(6) and inserting subsection (d)(3). (c) Sunset of rule \nSection 44729 of title 49, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e) through (h) as (d) through (g), respectively. (d) Public disclosure of information \nSection 44735 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , nor by any agency receiving information from the Administrator, after Federal Aviation Administration ; and (B) in paragraph (2), by inserting or for any other purpose regarding the development and implementation of a safety management system acceptable to the Administrator before the period at the end; and (2) by adding at the end the following new subsection: (d) Applicability to the National Transportation Safety Board \nThis section shall not be construed to limit the National Transportation Safety Board’s accident or incident investigation authority under chapter 11 of this title, including the requirement to not disclose voluntarily provided safety-related information under section 1114..", "id": "id73eccd4e7cf64b10913cb1677560f892", "header": "Technical corrections", "nested": [ { "text": "(a) Disposal of property \nSection 40110(c)(4) of title 49, United States Code, is amended by striking subsection (a)(2) and inserting subsection (a)(3).", "id": "id31deaa14fd564513967de155c421e536", "header": "Disposal of property", "nested": [], "links": [] }, { "text": "(b) Civil penalty \nSection 44704(f) of title 49, United States Code, is amended by striking subsection (a)(6) and inserting subsection (d)(3).", "id": "id29686143d6f749f1abcd1c40adedd64a", "header": "Civil penalty", "nested": [], "links": [] }, { "text": "(c) Sunset of rule \nSection 44729 of title 49, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e) through (h) as (d) through (g), respectively.", "id": "id8d37f03a57274c958efe204ba0ef80d9", "header": "Sunset of rule", "nested": [], "links": [] }, { "text": "(d) Public disclosure of information \nSection 44735 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , nor by any agency receiving information from the Administrator, after Federal Aviation Administration ; and (B) in paragraph (2), by inserting or for any other purpose regarding the development and implementation of a safety management system acceptable to the Administrator before the period at the end; and (2) by adding at the end the following new subsection: (d) Applicability to the National Transportation Safety Board \nThis section shall not be construed to limit the National Transportation Safety Board’s accident or incident investigation authority under chapter 11 of this title, including the requirement to not disclose voluntarily provided safety-related information under section 1114..", "id": "id3c3c5f41289d4fd0834e4d6e7503f909", "header": "Public disclosure of information", "nested": [], "links": [] } ], "links": [] }, { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the FAA Reauthorization Act of 2024. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Authorizations Sec. 101. Airport planning and development and noise compatibility planning and programs. Sec. 102. Facilities and equipment. Sec. 103. FAA operations. Sec. 104. Extension of expiring authorities. Sec. 105. Research, engineering, and development. Sec. 106. Prevention of duplicate obligation authority. TITLE II—FAA OVERSIGHT AND ORGANIZATION Subtitle A—Organization Sec. 201. Future of NextGen. Sec. 202. Airspace Innovation Office. Sec. 203. Commercial Software Options for Improving ASIAS Analytics. Sec. 204. Authority to use electronic service. Subtitle B—Regulatory Reform Sec. 211. Safety and efficiency through digitization of FAA systems. Sec. 212. Report elimination or modification. Sec. 213. Internal regulatory process review. Sec. 214. Review and Updates of Categorical Exclusions. TITLE III—SAFETY IMPROVEMENTS Sec. 301. Independent Study on future state of type certification processes. Sec. 302. Report on international validation program performance. Sec. 303. High risk flight testing. Sec. 304. Recording devices. Sec. 305. Helicopter safety. Sec. 306. Review and incorporation of human readiness levels into agency guidance material. Sec. 307. Service difficulty reports. Sec. 308. Accountability and compliance. Sec. 309. Accountability for aircraft registration numbers. Sec. 310. Aircraft reregistration. Sec. 311. FAA oversight of repair stations located outside the United States. Sec. 312. Alcohol and drug testing and background checks. Sec. 313. Continuous aircraft tracking and transmission for high altitude balloons. Sec. 314. International engagement. Sec. 315. Air tour and sport parachuting safety. Sec. 316. International aviation safety assessment program. Sec. 317. Changed product rule reform. Sec. 318. Development of low-cost voluntary ADS-B. Sec. 319. Public aircraft flight time logging eligibility. Sec. 320. Safety management systems. Sec. 321. Aviation safety information analysis and sharing program. Sec. 322. Consistent and timely pilot checks for air carriers. Sec. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations. Sec. 324. Tower marking compliance. Sec. 325. Administrative authority for civil penalties. Sec. 326. Civil penalties for whistleblower protection program violations. Sec. 327. Flight service stations. Sec. 328. Technical assistance agreements. Sec. 329. Restoration of authority. Sec. 330. Tarmac operations monitoring study. Sec. 331. GAO report on cybersecurity of commercial aviation avionics. Sec. 332. Securing aircraft avionics systems. Sec. 333. Maintenance data availability. Sec. 334. Study on airworthiness standards compliance. Sec. 335. Fire protection standards. Sec. 336. Cabin air safety. Sec. 337. Airport air safety. Sec. 338. Aircraft interchange agreement limitations. Sec. 339. Wildfire suppression. Sec. 340. Study on impacts of temperature in aircraft cabins. Sec. 341. Part 135 pilot supplemental oxygen requirement. Sec. 342. Crewmember pumping guidance. Sec. 343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act. Sec. 344. Report on the compliance of foreign regulators with Bilateral Aviation Safety Agreements. Sec. 345. Study on FAA use of mandatory Equal Access to Justice Act waivers. Sec. 346. Sense of Congress regarding mandated contents of onboard emergency medical kits. Sec. 347. Passenger aircraft first aid and emergency medical kit equipment and training. Sec. 348. Runway traffic alerting technology. Sec. 349. Runway landing safety technology. Sec. 350. Hawaii Air Noise and Safety Task Force. Sec. 351. Improved safety in rural areas. Sec. 352. Alaska aviation safety initiative. Sec. 353. Reducing turbulence on part 121 aircraft operations. Sec. 354. Enhanced qualification program for restricted airline transport pilot certificate. Sec. 355. Reauthorization of the National Transportation Safety Board. TITLE IV—MODERNIZING THE NATIONAL AIRSPACE SYSTEM Sec. 401. NextGen accountability task force. Sec. 402. Use of advanced surveillance in oceanic airspace. Sec. 403. GPS monitoring pilot program. Sec. 404. Runway safety technologies. Sec. 405. Flight profile optimization. Sec. 406. STARS remote surveillance displays. Sec. 407. Audit of legacy systems. Sec. 408. Aeronautical mobile communications services. Sec. 409. Low-altitude routes for vertical flight. Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program. Sec. 411. Extension of enhanced air traffic services pilot program. Sec. 412. NextGen equipage plan. Sec. 413. Performance based navigation report and utilization plan. Sec. 414. Air traffic control facility realignment study. Sec. 415. Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures. Sec. 416. Protection of safe and efficient use of airspace at airports. Sec. 417. ASOS/AWOS service report dashboard. Sec. 418. Upgrading and replacing aging air traffic systems. Sec. 419. Washington, D.C. Metropolitan Area Special Flight Rules Area. TITLE V—AVIATION WORKFORCE Subtitle A—Civil Aviation Workforce Sec. 501. Aviation workforce development grants. Sec. 502. Women in Aviation Advisory Committee. Sec. 503. Study of high school aviation maintenance training programs. Sec. 504. Military aviation maintenance technicians rule. Sec. 505. Prohibition of remote dispatching. Sec. 506. Employee assault prevention and response plan standards and best practices. Sec. 507. Crewmember self-defense training. Sec. 508. Improving apron safety. Sec. 509. Aviation Medical Innovation and Modernization Working Group. Sec. 510. Airman Certification Standards. Sec. 511. Airport service workforce analysis. Subtitle B—FAA Workforce Sec. 521. Air traffic control staffing standards. Sec. 522. FAA Workforce review audit. Sec. 523. Direct hire authority utilization. Sec. 524. Staffing model for aviation safety inspectors. Sec. 525. Safety critical staffing. Sec. 526. Instrument landing system installation. Sec. 527. Contract Tower Program air traffic controller training programs. Sec. 528. Review of FAA and industry cooperative familiarization programs. Sec. 529. Improved access to air traffic control simulation training. Sec. 530. Air Traffic Controller Instructor Pipeline. Sec. 531. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes. Sec. 532. Federal Aviation Administration academy and facility expansion plan. Sec. 533. Pilot program to provide veterans with pilot training services. Sec. 534. Biennial reports to Congress on designated pilot examiners. Sec. 535. GAO study and report on the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers. Sec. 536. Minority Serving Institutions (MSI) Internship Program. Sec. 537. FAA Educational Partnership Initiative. Subtitle C—Flight Education Access Sec. 541. Short title. Sec. 542. Increase in Federal student loan limits for students in flight education and training programs. Sec. 543. GAO report. Sec. 544. Rule of construction. Sec. 545. Authorization of appropriations. TITLE VI—MODERNIZING AIRPORT SYSTEMS Sec. 601. AIP eligibility amendments. Sec. 602. Revised minimum apportionments. Sec. 603. Apportionments for transitioning airports. Sec. 604. Updating United States Government’s share of project costs. Sec. 605. Primary airport designation. Sec. 606. Discretionary fund for terminal development costs. Sec. 607. Alternative-delivery and advance-construction methods pilot program. Sec. 608. Integrated project delivery. Sec. 609. Airport investment partnership program. Sec. 610. Airport accessibility. Sec. 611. General aviation public-private partnership program. Sec. 612. Runway rehabilitation. Sec. 613. Extension of provision relating to airport access roads in remote locations. Sec. 614. Procurement regulations applicable to FAA multimodal projects. Sec. 615. Solar powered taxiway edge lighting systems. Sec. 616. Additional ground based transmitters. Sec. 617. Automated weather observing systems maintenance improvements. Sec. 618. Contract Tower Program. Sec. 618A. Contract tower program safety enhancements. Sec. 619. Remote towers. Sec. 620. Grant assurances. Sec. 620A. GAO study on fee transparency by fixed based operators. Sec. 620B. Aviation fuel in Alaska. Sec. 621. Civil penalties for grant assurances violations. Sec. 622. Community use of airport land. Sec. 623. Buckeye 940 release of deed restrictions. Sec. 624. Clarifying airport revenue use of local general sales taxes. Sec. 625. AIP handbook review. Sec. 626. PFAS-related resources for airports. Sec. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam. Sec. 628. Review of airport layout plans. Sec. 629. NEPA purpose and need statements. Sec. 630. Passenger facility charge streamlining. Sec. 631. Use of passenger facility charges for noise barriers. Sec. 632. Automated weather observing systems policy. Sec. 633. Infrastructure Investment and Jobs Act implementation. Sec. 634. Report on airport notifications. Sec. 635. Coastal airports resiliency study. Sec. 636. Electric aircraft infrastructure. Sec. 637. Study on competition and airport access. Sec. 638. Regional airport capacity study. Sec. 639. Study on autonomous and electric-powered track systems. Sec. 640. Special rule for reclassification of certain unclassified airports. Sec. 641. General aviation airport runway extension pilot program. Sec. 642. Applicability of screening requirements. Sec. 643. Additional permitted uses of passenger facility charge revenue. Sec. 644. Airport infrastructure resilience pilot program. Sec. 645. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities. Sec. 646. Ensuring that certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program. Sec. 647. Visual weather observation systems. Sec. 648. Transfers of air traffic systems acquired with AIP funding. Sec. 649. Consideration of small hub control towers. Sec. 650. Codification of FAA notice of policy relating to addressing disputed changes of sponsorship at Federally obligated, publicly owned airports. Sec. 651. Eligible revenue-producing facilities at rural public-use general aviation airports. Sec. 652. Increasing the energy efficiency of airport power sources. TITLE VII—AIR SERVICE IMPROVEMENTS Subtitle A—Consumer Enhancements Sec. 701. Advisory committee for aviation consumer protection. Sec. 702. Refunds. Sec. 703. Airline passenger rights transparency act. Sec. 704. Disclosure of ancillary fees. Sec. 705. Access to customer service assistance for all travelers. Sec. 706. Frequent flyer programs and vouchers. Sec. 707. Airline customer service dashboards. Sec. 708. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights. Sec. 709. Enhancing child safety. Sec. 710. Codification of consumer protection provisions. Sec. 711. GAO study on competition and consolidation in the air carrier industry. Sec. 712. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards. Sec. 713. Increase in civil penalties. Sec. 714. Family seating. Sec. 715. Establishment of Office of Aviation Consumer Protection. Sec. 716. Extension of aviation consumer advocate reporting requirement. Sec. 717. Additional within and beyond perimeter slot exemptions at Ronald Reagan Washington National Airport. Subtitle B—Accessibility Sec. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities. Sec. 732. Modernization and improvements to aircraft evacuation. Sec. 733. Improved training standards for assisting passengers who use wheelchairs. Sec. 734. Training standards for stowage of wheelchairs and scooters. Sec. 735. Mobility Aids On Board Improve Lives and Empower All. Sec. 736. Prioritizing Accountability and Accessibility for Aviation Consumers. Sec. 737. Access and Dignity for All People who Travel. Sec. 738. Equal Accessibility to Passenger Portals. Sec. 739. Store On-board Wheelchairs in Cabin. Sec. 740. Standards. Sec. 741. Investigation of complaints. Subtitle C—Air Service Development Sec. 751. Essential air service. Sec. 752. Small community air service development grants. Sec. 753. GAO study and report on the alternate Essential Air Service program. Sec. 754. Essential air service in parts of Alaska. Sec. 755. Essential air service community petition for review. TITLE VIII—NEW ENTRANTS Subtitle A—Unmanned Aircraft Systems Sec. 801. Office of Advanced Aviation Technology and Innovation. Sec. 802. Advanced Aviation Technology and Innovation Steering Committee. Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems. Sec. 804. Extending special authority for certain unmanned aircraft systems. Sec. 805. Environmental Review and Noise Certification. Sec. 806. Third party service approvals. Sec. 807. Operations over the high seas. Sec. 808. Extension of the BEYOND program. Sec. 809. Extension of the Know Before You Fly campaign. Sec. 810. Unmanned aircraft system data exchange. Sec. 811. Unmanned aircraft system detection and mitigation enforcement authority. Sec. 812. Recreational operations of drone systems. Sec. 813. UAS test ranges. Sec. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft. Sec. 815. Airport safety and airspace hazard mitigation and enforcement. Sec. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems. Sec. 817. Stop Illicit Drones. Sec. 818. Drone infrastructure inspection grants. Sec. 819. Unmanned aircraft in the Arctic. Sec. 820. Remote identification alternative means of compliance. Sec. 821. Prohibition on operation, procurement, or contracting action of foreign-made unmanned aircraft systems. Sec. 822. FAA comprehensive plan on UAS automation. Sec. 823. Sense of Congress. Sec. 824. Comprehensive unmanned aircraft system integration strategy. Sec. 825. Establishment of Associate Administrator of UAS Integration. Sec. 826. Use of modeling and simulation tools in unmanned aircraft test ranges; program extension. Subtitle B—Advanced Air Mobility Sec. 831. Sense of Congress on FAA leadership. Sec. 832. Aviation Rulemaking Committee on certification of powered-lift aircraft. Sec. 833. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects. Sec. 834. Advanced Air Mobility Working Group amendments. Sec. 835. Rules for operation of powered-lift aircraft. Sec. 836. International coordination on powered-lift aircraft. Sec. 837. Advanced air mobility propulsion systems aviation rulemaking committee. TITLE IX—RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES Sec. 901. Advanced materials center of excellence enhancements. Sec. 902. Center of excellence for unmanned aircraft systems. Sec. 903. ASSUREd safe credentialing authority. Sec. 904. FAA and NASA advanced aviation technologies pilot program. Sec. 905. Advancing global leadership on civil supersonic aircraft. Sec. 906. CLEEN engine and airframe technology partnership. Sec. 907. Hypersonic and Supersonic flight testing. Sec. 908. Hypersonic pathway to integration study. Sec. 909. Operating high-speed flights in high altitude Class E airspace. Sec. 910. Electric propulsion aircraft operations study. Sec. 911. Contract weather observers program. Sec. 912. Airfield pavement technology program. Sec. 913. National aviation research plan modification. Sec. 914. FAA and NASA research and development coordination review. Sec. 915. Research and development of FAA's aeronautical information systems modernization activities. Sec. 916. Center of Excellence for Alternative Jet Fuels and Environment. Sec. 917. Aircraft Noise Advisory Committee. Sec. 918. Next generation radio altimeters. Sec. 919. Hydrogen aviation strategy. Sec. 920. Aviation fuel systems. TITLE X—MISCELLANEOUS Sec. 1001. Authorization for carriage reimbursement. Sec. 1002. Clarifying minimum altitudes for go-arounds, inspection passes, practice approaches, and instrument approaches. Sec. 1003. Let Me Travel America. Sec. 1004. Transportation of organs, bone marrow, and human cells, tissues, or cellular or tissue-based products (HCT/Ps). TITLE XI—TECHNICAL CORRECTIONS Sec. 1101. Technical corrections.", "id": "idc3dae4f4-741e-4079-a6d7-13640dbb856c", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the FAA Reauthorization Act of 2024.", "id": "id351a11de-c40c-48dc-b0d3-c4c181bfcf0f", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Authorizations Sec. 101. Airport planning and development and noise compatibility planning and programs. Sec. 102. Facilities and equipment. Sec. 103. FAA operations. Sec. 104. Extension of expiring authorities. Sec. 105. Research, engineering, and development. Sec. 106. Prevention of duplicate obligation authority. TITLE II—FAA OVERSIGHT AND ORGANIZATION Subtitle A—Organization Sec. 201. Future of NextGen. Sec. 202. Airspace Innovation Office. Sec. 203. Commercial Software Options for Improving ASIAS Analytics. Sec. 204. Authority to use electronic service. Subtitle B—Regulatory Reform Sec. 211. Safety and efficiency through digitization of FAA systems. Sec. 212. Report elimination or modification. Sec. 213. Internal regulatory process review. Sec. 214. Review and Updates of Categorical Exclusions. TITLE III—SAFETY IMPROVEMENTS Sec. 301. Independent Study on future state of type certification processes. Sec. 302. Report on international validation program performance. Sec. 303. High risk flight testing. Sec. 304. Recording devices. Sec. 305. Helicopter safety. Sec. 306. Review and incorporation of human readiness levels into agency guidance material. Sec. 307. Service difficulty reports. Sec. 308. Accountability and compliance. Sec. 309. Accountability for aircraft registration numbers. Sec. 310. Aircraft reregistration. Sec. 311. FAA oversight of repair stations located outside the United States. Sec. 312. Alcohol and drug testing and background checks. Sec. 313. Continuous aircraft tracking and transmission for high altitude balloons. Sec. 314. International engagement. Sec. 315. Air tour and sport parachuting safety. Sec. 316. International aviation safety assessment program. Sec. 317. Changed product rule reform. Sec. 318. Development of low-cost voluntary ADS-B. Sec. 319. Public aircraft flight time logging eligibility. Sec. 320. Safety management systems. Sec. 321. Aviation safety information analysis and sharing program. Sec. 322. Consistent and timely pilot checks for air carriers. Sec. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations. Sec. 324. Tower marking compliance. Sec. 325. Administrative authority for civil penalties. Sec. 326. Civil penalties for whistleblower protection program violations. Sec. 327. Flight service stations. Sec. 328. Technical assistance agreements. Sec. 329. Restoration of authority. Sec. 330. Tarmac operations monitoring study. Sec. 331. GAO report on cybersecurity of commercial aviation avionics. Sec. 332. Securing aircraft avionics systems. Sec. 333. Maintenance data availability. Sec. 334. Study on airworthiness standards compliance. Sec. 335. Fire protection standards. Sec. 336. Cabin air safety. Sec. 337. Airport air safety. Sec. 338. Aircraft interchange agreement limitations. Sec. 339. Wildfire suppression. Sec. 340. Study on impacts of temperature in aircraft cabins. Sec. 341. Part 135 pilot supplemental oxygen requirement. Sec. 342. Crewmember pumping guidance. Sec. 343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act. Sec. 344. Report on the compliance of foreign regulators with Bilateral Aviation Safety Agreements. Sec. 345. Study on FAA use of mandatory Equal Access to Justice Act waivers. Sec. 346. Sense of Congress regarding mandated contents of onboard emergency medical kits. Sec. 347. Passenger aircraft first aid and emergency medical kit equipment and training. Sec. 348. Runway traffic alerting technology. Sec. 349. Runway landing safety technology. Sec. 350. Hawaii Air Noise and Safety Task Force. Sec. 351. Improved safety in rural areas. Sec. 352. Alaska aviation safety initiative. Sec. 353. Reducing turbulence on part 121 aircraft operations. Sec. 354. Enhanced qualification program for restricted airline transport pilot certificate. Sec. 355. Reauthorization of the National Transportation Safety Board. TITLE IV—MODERNIZING THE NATIONAL AIRSPACE SYSTEM Sec. 401. NextGen accountability task force. Sec. 402. Use of advanced surveillance in oceanic airspace. Sec. 403. GPS monitoring pilot program. Sec. 404. Runway safety technologies. Sec. 405. Flight profile optimization. Sec. 406. STARS remote surveillance displays. Sec. 407. Audit of legacy systems. Sec. 408. Aeronautical mobile communications services. Sec. 409. Low-altitude routes for vertical flight. Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program. Sec. 411. Extension of enhanced air traffic services pilot program. Sec. 412. NextGen equipage plan. Sec. 413. Performance based navigation report and utilization plan. Sec. 414. Air traffic control facility realignment study. Sec. 415. Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures. Sec. 416. Protection of safe and efficient use of airspace at airports. Sec. 417. ASOS/AWOS service report dashboard. Sec. 418. Upgrading and replacing aging air traffic systems. Sec. 419. Washington, D.C. Metropolitan Area Special Flight Rules Area. TITLE V—AVIATION WORKFORCE Subtitle A—Civil Aviation Workforce Sec. 501. Aviation workforce development grants. Sec. 502. Women in Aviation Advisory Committee. Sec. 503. Study of high school aviation maintenance training programs. Sec. 504. Military aviation maintenance technicians rule. Sec. 505. Prohibition of remote dispatching. Sec. 506. Employee assault prevention and response plan standards and best practices. Sec. 507. Crewmember self-defense training. Sec. 508. Improving apron safety. Sec. 509. Aviation Medical Innovation and Modernization Working Group. Sec. 510. Airman Certification Standards. Sec. 511. Airport service workforce analysis. Subtitle B—FAA Workforce Sec. 521. Air traffic control staffing standards. Sec. 522. FAA Workforce review audit. Sec. 523. Direct hire authority utilization. Sec. 524. Staffing model for aviation safety inspectors. Sec. 525. Safety critical staffing. Sec. 526. Instrument landing system installation. Sec. 527. Contract Tower Program air traffic controller training programs. Sec. 528. Review of FAA and industry cooperative familiarization programs. Sec. 529. Improved access to air traffic control simulation training. Sec. 530. Air Traffic Controller Instructor Pipeline. Sec. 531. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes. Sec. 532. Federal Aviation Administration academy and facility expansion plan. Sec. 533. Pilot program to provide veterans with pilot training services. Sec. 534. Biennial reports to Congress on designated pilot examiners. Sec. 535. GAO study and report on the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers. Sec. 536. Minority Serving Institutions (MSI) Internship Program. Sec. 537. FAA Educational Partnership Initiative. Subtitle C—Flight Education Access Sec. 541. Short title. Sec. 542. Increase in Federal student loan limits for students in flight education and training programs. Sec. 543. GAO report. Sec. 544. Rule of construction. Sec. 545. Authorization of appropriations. TITLE VI—MODERNIZING AIRPORT SYSTEMS Sec. 601. AIP eligibility amendments. Sec. 602. Revised minimum apportionments. Sec. 603. Apportionments for transitioning airports. Sec. 604. Updating United States Government’s share of project costs. Sec. 605. Primary airport designation. Sec. 606. Discretionary fund for terminal development costs. Sec. 607. Alternative-delivery and advance-construction methods pilot program. Sec. 608. Integrated project delivery. Sec. 609. Airport investment partnership program. Sec. 610. Airport accessibility. Sec. 611. General aviation public-private partnership program. Sec. 612. Runway rehabilitation. Sec. 613. Extension of provision relating to airport access roads in remote locations. Sec. 614. Procurement regulations applicable to FAA multimodal projects. Sec. 615. Solar powered taxiway edge lighting systems. Sec. 616. Additional ground based transmitters. Sec. 617. Automated weather observing systems maintenance improvements. Sec. 618. Contract Tower Program. Sec. 618A. Contract tower program safety enhancements. Sec. 619. Remote towers. Sec. 620. Grant assurances. Sec. 620A. GAO study on fee transparency by fixed based operators. Sec. 620B. Aviation fuel in Alaska. Sec. 621. Civil penalties for grant assurances violations. Sec. 622. Community use of airport land. Sec. 623. Buckeye 940 release of deed restrictions. Sec. 624. Clarifying airport revenue use of local general sales taxes. Sec. 625. AIP handbook review. Sec. 626. PFAS-related resources for airports. Sec. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam. Sec. 628. Review of airport layout plans. Sec. 629. NEPA purpose and need statements. Sec. 630. Passenger facility charge streamlining. Sec. 631. Use of passenger facility charges for noise barriers. Sec. 632. Automated weather observing systems policy. Sec. 633. Infrastructure Investment and Jobs Act implementation. Sec. 634. Report on airport notifications. Sec. 635. Coastal airports resiliency study. Sec. 636. Electric aircraft infrastructure. Sec. 637. Study on competition and airport access. Sec. 638. Regional airport capacity study. Sec. 639. Study on autonomous and electric-powered track systems. Sec. 640. Special rule for reclassification of certain unclassified airports. Sec. 641. General aviation airport runway extension pilot program. Sec. 642. Applicability of screening requirements. Sec. 643. Additional permitted uses of passenger facility charge revenue. Sec. 644. Airport infrastructure resilience pilot program. Sec. 645. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities. Sec. 646. Ensuring that certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program. Sec. 647. Visual weather observation systems. Sec. 648. Transfers of air traffic systems acquired with AIP funding. Sec. 649. Consideration of small hub control towers. Sec. 650. Codification of FAA notice of policy relating to addressing disputed changes of sponsorship at Federally obligated, publicly owned airports. Sec. 651. Eligible revenue-producing facilities at rural public-use general aviation airports. Sec. 652. Increasing the energy efficiency of airport power sources. TITLE VII—AIR SERVICE IMPROVEMENTS Subtitle A—Consumer Enhancements Sec. 701. Advisory committee for aviation consumer protection. Sec. 702. Refunds. Sec. 703. Airline passenger rights transparency act. Sec. 704. Disclosure of ancillary fees. Sec. 705. Access to customer service assistance for all travelers. Sec. 706. Frequent flyer programs and vouchers. Sec. 707. Airline customer service dashboards. Sec. 708. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights. Sec. 709. Enhancing child safety. Sec. 710. Codification of consumer protection provisions. Sec. 711. GAO study on competition and consolidation in the air carrier industry. Sec. 712. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards. Sec. 713. Increase in civil penalties. Sec. 714. Family seating. Sec. 715. Establishment of Office of Aviation Consumer Protection. Sec. 716. Extension of aviation consumer advocate reporting requirement. Sec. 717. Additional within and beyond perimeter slot exemptions at Ronald Reagan Washington National Airport. Subtitle B—Accessibility Sec. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities. Sec. 732. Modernization and improvements to aircraft evacuation. Sec. 733. Improved training standards for assisting passengers who use wheelchairs. Sec. 734. Training standards for stowage of wheelchairs and scooters. Sec. 735. Mobility Aids On Board Improve Lives and Empower All. Sec. 736. Prioritizing Accountability and Accessibility for Aviation Consumers. Sec. 737. Access and Dignity for All People who Travel. Sec. 738. Equal Accessibility to Passenger Portals. Sec. 739. Store On-board Wheelchairs in Cabin. Sec. 740. Standards. Sec. 741. Investigation of complaints. Subtitle C—Air Service Development Sec. 751. Essential air service. Sec. 752. Small community air service development grants. Sec. 753. GAO study and report on the alternate Essential Air Service program. Sec. 754. Essential air service in parts of Alaska. Sec. 755. Essential air service community petition for review. TITLE VIII—NEW ENTRANTS Subtitle A—Unmanned Aircraft Systems Sec. 801. Office of Advanced Aviation Technology and Innovation. Sec. 802. Advanced Aviation Technology and Innovation Steering Committee. Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems. Sec. 804. Extending special authority for certain unmanned aircraft systems. Sec. 805. Environmental Review and Noise Certification. Sec. 806. Third party service approvals. Sec. 807. Operations over the high seas. Sec. 808. Extension of the BEYOND program. Sec. 809. Extension of the Know Before You Fly campaign. Sec. 810. Unmanned aircraft system data exchange. Sec. 811. Unmanned aircraft system detection and mitigation enforcement authority. Sec. 812. Recreational operations of drone systems. Sec. 813. UAS test ranges. Sec. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft. Sec. 815. Airport safety and airspace hazard mitigation and enforcement. Sec. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems. Sec. 817. Stop Illicit Drones. Sec. 818. Drone infrastructure inspection grants. Sec. 819. Unmanned aircraft in the Arctic. Sec. 820. Remote identification alternative means of compliance. Sec. 821. Prohibition on operation, procurement, or contracting action of foreign-made unmanned aircraft systems. Sec. 822. FAA comprehensive plan on UAS automation. Sec. 823. Sense of Congress. Sec. 824. Comprehensive unmanned aircraft system integration strategy. Sec. 825. Establishment of Associate Administrator of UAS Integration. Sec. 826. Use of modeling and simulation tools in unmanned aircraft test ranges; program extension. Subtitle B—Advanced Air Mobility Sec. 831. Sense of Congress on FAA leadership. Sec. 832. Aviation Rulemaking Committee on certification of powered-lift aircraft. Sec. 833. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects. Sec. 834. Advanced Air Mobility Working Group amendments. Sec. 835. Rules for operation of powered-lift aircraft. Sec. 836. International coordination on powered-lift aircraft. Sec. 837. Advanced air mobility propulsion systems aviation rulemaking committee. TITLE IX—RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES Sec. 901. Advanced materials center of excellence enhancements. Sec. 902. Center of excellence for unmanned aircraft systems. Sec. 903. ASSUREd safe credentialing authority. Sec. 904. FAA and NASA advanced aviation technologies pilot program. Sec. 905. Advancing global leadership on civil supersonic aircraft. Sec. 906. CLEEN engine and airframe technology partnership. Sec. 907. Hypersonic and Supersonic flight testing. Sec. 908. Hypersonic pathway to integration study. Sec. 909. Operating high-speed flights in high altitude Class E airspace. Sec. 910. Electric propulsion aircraft operations study. Sec. 911. Contract weather observers program. Sec. 912. Airfield pavement technology program. Sec. 913. National aviation research plan modification. Sec. 914. FAA and NASA research and development coordination review. Sec. 915. Research and development of FAA's aeronautical information systems modernization activities. Sec. 916. Center of Excellence for Alternative Jet Fuels and Environment. Sec. 917. Aircraft Noise Advisory Committee. Sec. 918. Next generation radio altimeters. Sec. 919. Hydrogen aviation strategy. Sec. 920. Aviation fuel systems. TITLE X—MISCELLANEOUS Sec. 1001. Authorization for carriage reimbursement. Sec. 1002. Clarifying minimum altitudes for go-arounds, inspection passes, practice approaches, and instrument approaches. Sec. 1003. Let Me Travel America. Sec. 1004. Transportation of organs, bone marrow, and human cells, tissues, or cellular or tissue-based products (HCT/Ps). TITLE XI—TECHNICAL CORRECTIONS Sec. 1101. Technical corrections.", "id": "id5b95f769-53a0-4320-b3dc-15e961702075", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nUnless otherwise specified, the term Administrator means the Administrator of the Federal Aviation Administration. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (3) Comptroller General \nThe term Comptroller General means the Comptroller General of the United States. (4) FAA \nThe term FAA means the Federal Aviation Administration. (5) Secretary \nUnless otherwise specified, the term Secretary means the Secretary of Transportation.", "id": "id4cfea332-c4a2-4748-9322-29658bf37333", "header": "Definitions", "nested": [], "links": [] }, { "text": "101. Airport planning and development and noise compatibility planning and programs \n(a) Authorization \nSection 48103(a) of title 49, United States Code, is amended by striking paragraphs (1) through (7) and inserting the following: (1) $4,000,000,000 for fiscal year 2024; (2) $4,000,000,000 for fiscal year 2025; (3) $4,000,000,000 for fiscal year 2026; (4) $4,000,000,000 for fiscal year 2027; and (5) $4,000,000,000 for fiscal year 2028.. (b) Obligation authority \nSection 47104(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking March 8, 2024, and inserting 2028. (c) Extension of special rule for apportionments \nSection 47114(c)(1)(J) of title 49, United States Code, is amended by striking March 8, 2024, and inserting September 30, 2024.", "id": "H8D62389987A54290A982E5B078513547", "header": "Airport planning and development and noise compatibility planning and programs", "nested": [ { "text": "(a) Authorization \nSection 48103(a) of title 49, United States Code, is amended by striking paragraphs (1) through (7) and inserting the following: (1) $4,000,000,000 for fiscal year 2024; (2) $4,000,000,000 for fiscal year 2025; (3) $4,000,000,000 for fiscal year 2026; (4) $4,000,000,000 for fiscal year 2027; and (5) $4,000,000,000 for fiscal year 2028..", "id": "H5BC2B08B49264AE2BC528EEC080DD373", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Obligation authority \nSection 47104(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking March 8, 2024, and inserting 2028.", "id": "H8C637F627626434BA74F515944BE9445", "header": "Obligation authority", "nested": [], "links": [] }, { "text": "(c) Extension of special rule for apportionments \nSection 47114(c)(1)(J) of title 49, United States Code, is amended by striking March 8, 2024, and inserting September 30, 2024.", "id": "H29C48500F8634ED6921FCD41C9A54D16", "header": "Extension of special rule for apportionments", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Facilities and equipment \nSection 48101(a) of title 49, United States Code, is amended by striking paragraphs (1) through (7) and inserting the following: (1) $3,575,000,000 for fiscal year 2024. (2) $3,625,000,000 for fiscal year 2025. (3) $3,675,000,000 for fiscal year 2026. (4) $3,675,000,000 for fiscal year 2027. (5) $3,675,000,000 for fiscal year 2028..", "id": "id6637F82BC2C6431FA2BB21DC3C2143A4", "header": "Facilities and equipment", "nested": [], "links": [] }, { "text": "103. FAA operations \n(a) In general \nSection 106(k)(1) of title 49, United States Code, is amended by striking subparagraphs (A) through (G) and inserting the following: (A) $12,740,000,000 for fiscal year 2024; (B) $13,033,000,000 for fiscal year 2025; (C) $13,500,000,000 for fiscal year 2026; (D) $13,900,000,000 for fiscal year 2027; and (E) $14,400,000,000 for fiscal year 2028.. (b) Authority to transfer funds \nSection 106(k)(3) of title 49, United States Code, is amended by striking through 2023 and all that follows through March 8, 2024 and inserting through 2028.", "id": "H57D22A4C9DBA44DA8787282CF361607E", "header": "FAA operations", "nested": [ { "text": "(a) In general \nSection 106(k)(1) of title 49, United States Code, is amended by striking subparagraphs (A) through (G) and inserting the following: (A) $12,740,000,000 for fiscal year 2024; (B) $13,033,000,000 for fiscal year 2025; (C) $13,500,000,000 for fiscal year 2026; (D) $13,900,000,000 for fiscal year 2027; and (E) $14,400,000,000 for fiscal year 2028..", "id": "idCD69903339B343A5A80CD4F7C07810B3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authority to transfer funds \nSection 106(k)(3) of title 49, United States Code, is amended by striking through 2023 and all that follows through March 8, 2024 and inserting through 2028.", "id": "id7C8AB3A7B99C4BB3AB92DEC1B1FB284A", "header": "Authority to transfer funds", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Extension of expiring authorities \n(a) Marshall islands, Micronesia, and Palau \nSection 47115(i) of title 49, United States Code, is amended by striking March 8, 2024 and inserting September 30, 2028. (b) Extension of compatible land use planning and projects by State and local governments \nSection 47141(f) of title 49, United States Code, is amended by striking March 8, 2024 and inserting September 30, 2028. (c) Midway island airport \nSection 186(d) of the Vision 100—Century of Aviation Reauthorization Act ( Public Law 108–176 ; 117 Stat. 2518) is amended by striking March 8, 2024 and inserting September 30, 2028. (d) Authority to provide insurance \nSection 44310(b) of title 49, United States Code, is amended by striking March 8, 2024 and inserting September 30, 2028. (e) Competitive access reporting requirement \nSection 47107(r)(3) of title 49, United States Code, is amended by striking March 9, 2024 and inserting October 1, 2028. (f) Non-Movement area surveillance pilot program \nSection 47143(c) of title 49, United States Code, is amended by striking March 9, 2024 and inserting October 1, 2028.", "id": "HD91B59F6C5DA470DA2E3A7F5334419A8", "header": "Extension of expiring authorities", "nested": [ { "text": "(a) Marshall islands, Micronesia, and Palau \nSection 47115(i) of title 49, United States Code, is amended by striking March 8, 2024 and inserting September 30, 2028.", "id": "id88CEBE335DE04F7A864169B8A0F3132B", "header": "Marshall islands, Micronesia, and Palau", "nested": [], "links": [] }, { "text": "(b) Extension of compatible land use planning and projects by State and local governments \nSection 47141(f) of title 49, United States Code, is amended by striking March 8, 2024 and inserting September 30, 2028.", "id": "id905FB77211A84EBA8EED7FD7648E1DAA", "header": "Extension of compatible land use planning and projects by State and local governments", "nested": [], "links": [] }, { "text": "(c) Midway island airport \nSection 186(d) of the Vision 100—Century of Aviation Reauthorization Act ( Public Law 108–176 ; 117 Stat. 2518) is amended by striking March 8, 2024 and inserting September 30, 2028.", "id": "H993A19BC3D914168804FD4FD0253F583", "header": "Midway island airport", "nested": [], "links": [ { "text": "Public Law 108–176", "legal-doc": "public-law", "parsable-cite": "pl/108/176" } ] }, { "text": "(d) Authority to provide insurance \nSection 44310(b) of title 49, United States Code, is amended by striking March 8, 2024 and inserting September 30, 2028.", "id": "HD49593E5105C4543B01F0DDD4A7E3681", "header": "Authority to provide insurance", "nested": [], "links": [] }, { "text": "(e) Competitive access reporting requirement \nSection 47107(r)(3) of title 49, United States Code, is amended by striking March 9, 2024 and inserting October 1, 2028.", "id": "HA5EFEB8D4D60404F90064CF08E67200F", "header": "Competitive access reporting requirement", "nested": [], "links": [] }, { "text": "(f) Non-Movement area surveillance pilot program \nSection 47143(c) of title 49, United States Code, is amended by striking March 9, 2024 and inserting October 1, 2028.", "id": "H4560A981CC22468FA8A38A8790E4D912", "header": "Non-Movement area surveillance pilot program", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 108–176", "legal-doc": "public-law", "parsable-cite": "pl/108/176" } ] }, { "text": "105. Research, engineering, and development \nSection 48102(a) of title 49, United States Code, is amended— (1) in paragraph (15), by striking and at the end; and (2) by striking paragraph (16) and inserting the following: (16) $344,000,000 for fiscal year 2024; (17) $360,000,000 for fiscal year 2025; (18) $367,000,000 for fiscal year 2026; (19) $374,000,000 for fiscal year 2027; and (20) $390,000,000 for fiscal year 2028..", "id": "H7A333EFA953C4D19BCB1E9966F3B495F", "header": "Research, engineering, and development", "nested": [], "links": [] }, { "text": "106. Prevention of duplicate obligation authority \nThe amounts available for obligation for fiscal year 2024 under the amendments made by sections 101(a), 102, 103(a), 105, 501(b), 751(i), and 752(3) shall be reduced by the amounts obligated for fiscal year 2024 under the amendments made by section 2201 of the Continuing Appropriations Act, 2024 and Other Extensions Act ( Public Law 118–15 ) and section 101 of the Airport and Airway Extension Act of 2023, Part II ( Public Law 118–34 ) before the date of enactment of this Act.", "id": "idc7f5ca6c5ccb4aa7aa43a45f0b4588e4", "header": "Prevention of duplicate obligation authority", "nested": [], "links": [ { "text": "Public Law 118–15", "legal-doc": "public-law", "parsable-cite": "pl/118/15" }, { "text": "Public Law 118–34", "legal-doc": "public-law", "parsable-cite": "pl/118/34" } ] }, { "text": "201. Future of NextGen \n(a) Completion and sunset \n(1) Key programs \nNot later than December 31, 2025, the FAA shall operationalize all the key programs under the NextGen project as described in the FAA’s deployment plan. (2) Office; Advisory Committee \nThe NextGen Office and the NextGen Advisory Committee shall terminate on December 31, 2025. (3) Transfer of residual NextGen implementation functions; status report \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall transfer the residual functions of completing NextGen to the Airspace Innovation Office established under section 202. (4) Transfer of advanced air mobility functions \nNot later than 90 days after the date of enactment of this section, any AAM (as defined in section 106(u)(7) of title 49, United States Code (as added by section 801)) relevant functions, duties, and responsibilities of the NAS Systems, Engineering, & Integration Office or other Offices within the Office of NextGen shall be incorporated into the Office of Advanced Aviation Technology and Innovation established under section 106(u) of title 49, United States Code (as so added). (5) Status reports \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall, not later than 30 days after such deadline, and quarterly thereafter until all key programs under the NextGen project are deployed, brief the appropriate committees of Congress on the status of each incomplete program, including, with respect to each such incomplete program— (A) an explanation as to why the program deployment was delayed or not completed by such deadline; (B) an assessment of the key risks to the full implementation of the program and a description of how the FAA is mitigating, or plans to mitigate, those risks; and (C) a detailed schedule of actions necessary to complete the program, including updated milestones and deadlines. (b) Independent report \n(1) In general \nNot later than 90 days of the date of enactment of this section, the Administrator shall contract with an independent third-party contractor or a Federally funded research and development center to develop a report reviewing and assessing the implementation of the NextGen project. (2) Requirements \nThe report developed under paragraph (1) shall include the following: (A) Evaluation of the promised operational benefits at the time of initiation and the realized benefits upon completion of the NextGen project. (B) Recommendations for the technical capacity and resources needed by the FAA in order to oversee a comprehensive airspace modernization project on-schedule and on-budget. (C) Identification of programs under the NextGen project that were significantly delayed, significantly diminished, or ultimately not implemented, including an explanation of the cause of the delay, reduction, or removal of the program from the NextGen project by the FAA. This discussion shall include at a minimum, programs relating to expanding surveillance coverage across the country, increasing performance-based navigation, and improving enroute data communications. (D) Identification of any challenges that impacted the implementation of the NextGen project. (E) Identification of any lessons learned during the NextGen project effort, and whether, how, and to what effect those lessons may be applied to future national airspace system modernization efforts. (F) Assessment of national airspace system user engagement in the NextGen project priorities and implementation. (G) Recommendations of the justifications for further national airspace system modernization efforts including economic, safety, efficiency, capacity, predictability, and resiliency of the United States air transportation system. (3) Deadline \nNot later than June 30, 2026, the report developed under paragraph (1) shall be submitted to the Administrator and the appropriate committees of Congress.", "id": "id5d6230d9-f6fc-4b86-91e4-72c52eea67d3", "header": "Future of NextGen", "nested": [ { "text": "(a) Completion and sunset \n(1) Key programs \nNot later than December 31, 2025, the FAA shall operationalize all the key programs under the NextGen project as described in the FAA’s deployment plan. (2) Office; Advisory Committee \nThe NextGen Office and the NextGen Advisory Committee shall terminate on December 31, 2025. (3) Transfer of residual NextGen implementation functions; status report \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall transfer the residual functions of completing NextGen to the Airspace Innovation Office established under section 202. (4) Transfer of advanced air mobility functions \nNot later than 90 days after the date of enactment of this section, any AAM (as defined in section 106(u)(7) of title 49, United States Code (as added by section 801)) relevant functions, duties, and responsibilities of the NAS Systems, Engineering, & Integration Office or other Offices within the Office of NextGen shall be incorporated into the Office of Advanced Aviation Technology and Innovation established under section 106(u) of title 49, United States Code (as so added). (5) Status reports \nIf the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall, not later than 30 days after such deadline, and quarterly thereafter until all key programs under the NextGen project are deployed, brief the appropriate committees of Congress on the status of each incomplete program, including, with respect to each such incomplete program— (A) an explanation as to why the program deployment was delayed or not completed by such deadline; (B) an assessment of the key risks to the full implementation of the program and a description of how the FAA is mitigating, or plans to mitigate, those risks; and (C) a detailed schedule of actions necessary to complete the program, including updated milestones and deadlines.", "id": "idf4debfe9-84f0-41bf-b3e3-d2c7cb7ef67e", "header": "Completion and sunset", "nested": [], "links": [] }, { "text": "(b) Independent report \n(1) In general \nNot later than 90 days of the date of enactment of this section, the Administrator shall contract with an independent third-party contractor or a Federally funded research and development center to develop a report reviewing and assessing the implementation of the NextGen project. (2) Requirements \nThe report developed under paragraph (1) shall include the following: (A) Evaluation of the promised operational benefits at the time of initiation and the realized benefits upon completion of the NextGen project. (B) Recommendations for the technical capacity and resources needed by the FAA in order to oversee a comprehensive airspace modernization project on-schedule and on-budget. (C) Identification of programs under the NextGen project that were significantly delayed, significantly diminished, or ultimately not implemented, including an explanation of the cause of the delay, reduction, or removal of the program from the NextGen project by the FAA. This discussion shall include at a minimum, programs relating to expanding surveillance coverage across the country, increasing performance-based navigation, and improving enroute data communications. (D) Identification of any challenges that impacted the implementation of the NextGen project. (E) Identification of any lessons learned during the NextGen project effort, and whether, how, and to what effect those lessons may be applied to future national airspace system modernization efforts. (F) Assessment of national airspace system user engagement in the NextGen project priorities and implementation. (G) Recommendations of the justifications for further national airspace system modernization efforts including economic, safety, efficiency, capacity, predictability, and resiliency of the United States air transportation system. (3) Deadline \nNot later than June 30, 2026, the report developed under paragraph (1) shall be submitted to the Administrator and the appropriate committees of Congress.", "id": "id5c4a0560-bef1-4bc8-897b-ed7c2cefa1c5", "header": "Independent report", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Airspace Innovation Office \n(a) Establishment \n(1) In general \nOn January 1, 2026, the Administrator shall establish within the FAA the Airspace Innovation Office (in this section referred to as the Office ). (2) Assistant Administrator \nThe Office shall be led by the Assistant Administrator. (3) Duties \nThe Office shall be responsible for— (A) the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system; and (B) developing an integrated plan for the future state of the national airspace system and overseeing the deployment of the system. (4) Consultation \nThe Assistant Administrator shall consult, as necessary, with the Chief Technology Officer appointed under section 106(s) of title 49, United States Code, and the Associate Administrator for Advanced Aviation Technology and Innovation appointed under section 106(u) of title 49, United States Code (as added by section 801). (b) Integrated plan requirements \nThe integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse set of airspace users. The integrated plan shall include the following: (1) A description of the demand for services that will be required of the Nation’s future air transportation system, and an explanation of how those demand projections were derived, including— (A) the most likely range of average annual resources required over the duration of the plan to cost-effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the FAA’s mission; and (B) an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users. (2) A roadmap for creating and implementing the integrated plan, including— (A) the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and non-profit organizations in carrying out such activities; (B) the annual anticipated cost of carrying out such activities; and (C) the technical milestones that will be used to evaluate the activities. (3) A description of the operational concepts needed to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system. (4) The management of the enterprise architecture framework for the introduction of these operational improvements and to inform FAA financial decision-making. (5) A business case for the operational improvements that the Office will develop and deploy not later than 2040, including the benefits, costs, and risks of the preferred and alternative options. (c) Considerations \nIn developing and carrying out the integrated plan, the Office shall consider— (1) the results and recommendations of the independent report on implementation of the NextGen project under section 201(b); (2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and (3) the audit of legacy systems required by section 407, and the resulting plan to replace or enhance the identified legacy systems within a reasonable time frame. (d) Consultation \nIn developing and carrying out the integrated plan, the Office shall consult with representatives from— (1) the National Aeronautics and Space Administration; (2) airlines; (3) business aviation; (4) general aviation; (5) aviation labor groups; (6) aviation research and development entities; (7) aircraft and avionics manufacturers; (8) air traffic control suppliers; (9) commercial space industry; (10) commercial and recreational drone industry; and (11) any other entities the Office deems necessary. (e) Plan deadline; briefings \n(1) Plan deadline \nNot later than November 30, 2026, the Administrator shall submit the integrated plan required by subsection (a)(3)(B) to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives. (2) Annual briefings \nThe Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required by subsection (a)(3)(B), including any changes to the plan. (f) DOT Inspector General review \nNot later than 180 days following submission of the integrated plan under subsection (e)(1), the Inspector General of the Department of Transportation shall review the integrated plan and submit to the committees of Congress specified in paragraph (1) a report that— (1) assesses the business case for the integrated plan; (2) provides any recommendations for improving the integrated plan; and (3) includes any other information that the Inspector General determines appropriate. (g) Limitation \nThe FAA is not authorized to spend any amounts on the deployment of new air traffic management technologies and operational improvements that have yet to be deployed and identified in the integrated plan until the committees of Congress specified in paragraph (1) have been briefed under subsection (e)(2).", "id": "idaa0e2710-944c-4d15-9464-d792eaa949b7", "header": "Airspace Innovation Office", "nested": [ { "text": "(a) Establishment \n(1) In general \nOn January 1, 2026, the Administrator shall establish within the FAA the Airspace Innovation Office (in this section referred to as the Office ). (2) Assistant Administrator \nThe Office shall be led by the Assistant Administrator. (3) Duties \nThe Office shall be responsible for— (A) the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system; and (B) developing an integrated plan for the future state of the national airspace system and overseeing the deployment of the system. (4) Consultation \nThe Assistant Administrator shall consult, as necessary, with the Chief Technology Officer appointed under section 106(s) of title 49, United States Code, and the Associate Administrator for Advanced Aviation Technology and Innovation appointed under section 106(u) of title 49, United States Code (as added by section 801).", "id": "id1154b685-34c6-4a46-a479-fbd7bb76da19", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Integrated plan requirements \nThe integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse set of airspace users. The integrated plan shall include the following: (1) A description of the demand for services that will be required of the Nation’s future air transportation system, and an explanation of how those demand projections were derived, including— (A) the most likely range of average annual resources required over the duration of the plan to cost-effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the FAA’s mission; and (B) an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users. (2) A roadmap for creating and implementing the integrated plan, including— (A) the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and non-profit organizations in carrying out such activities; (B) the annual anticipated cost of carrying out such activities; and (C) the technical milestones that will be used to evaluate the activities. (3) A description of the operational concepts needed to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system. (4) The management of the enterprise architecture framework for the introduction of these operational improvements and to inform FAA financial decision-making. (5) A business case for the operational improvements that the Office will develop and deploy not later than 2040, including the benefits, costs, and risks of the preferred and alternative options.", "id": "id6ca336d3-beee-4a55-968e-9b6e1ef94ffe", "header": "Integrated plan requirements", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn developing and carrying out the integrated plan, the Office shall consider— (1) the results and recommendations of the independent report on implementation of the NextGen project under section 201(b); (2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and (3) the audit of legacy systems required by section 407, and the resulting plan to replace or enhance the identified legacy systems within a reasonable time frame.", "id": "id1b199b10-c700-45fc-840b-c4c7814a6b1a", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Consultation \nIn developing and carrying out the integrated plan, the Office shall consult with representatives from— (1) the National Aeronautics and Space Administration; (2) airlines; (3) business aviation; (4) general aviation; (5) aviation labor groups; (6) aviation research and development entities; (7) aircraft and avionics manufacturers; (8) air traffic control suppliers; (9) commercial space industry; (10) commercial and recreational drone industry; and (11) any other entities the Office deems necessary.", "id": "idb7efd769-4b61-4e59-b868-38d2847be08b", "header": "Consultation", "nested": [], "links": [] }, { "text": "(e) Plan deadline; briefings \n(1) Plan deadline \nNot later than November 30, 2026, the Administrator shall submit the integrated plan required by subsection (a)(3)(B) to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives. (2) Annual briefings \nThe Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required by subsection (a)(3)(B), including any changes to the plan.", "id": "iddd7da67b-9529-4697-8572-f0ac8233b9ff", "header": "Plan deadline; briefings", "nested": [], "links": [] }, { "text": "(f) DOT Inspector General review \nNot later than 180 days following submission of the integrated plan under subsection (e)(1), the Inspector General of the Department of Transportation shall review the integrated plan and submit to the committees of Congress specified in paragraph (1) a report that— (1) assesses the business case for the integrated plan; (2) provides any recommendations for improving the integrated plan; and (3) includes any other information that the Inspector General determines appropriate.", "id": "id66ac381f-7223-44b9-9754-f3f9f6a493f5", "header": "DOT Inspector General review", "nested": [], "links": [] }, { "text": "(g) Limitation \nThe FAA is not authorized to spend any amounts on the deployment of new air traffic management technologies and operational improvements that have yet to be deployed and identified in the integrated plan until the committees of Congress specified in paragraph (1) have been briefed under subsection (e)(2).", "id": "id49049e08-f18d-42bb-be06-36f125f39988", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Commercial Software Options for Improving ASIAS Analytics \n(a) ASIAS analytics \n(1) Evaluation \nNot later than 180 days after the date of enactment of this section, the Administrator shall evaluate whether commercial software solutions are available to improve the FAA’s Aviation Safety Information Analysis and Sharing (ASIAS) system to advance the system’s predictive capabilities and analytical solutions developed. (2) Requirements \nIn carrying out the evaluation required by paragraph (1), the Administrator shall— (A) prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs; and (B) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate live demonstrations of proposed solutions, as part of the evaluation criteria. (b) Congressional briefing \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a briefing on the results of the evaluation carried out under subsection (a) that— (1) includes an assessment of the FAA’s progress toward achieving previously identified milestones for ASIAS by the Inspector General of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; and (2) outlines the FAA’s plan to use rapidly deployable commercial solutions to assist the FAA in meeting such milestones.", "id": "ida6ef57fc-e07a-4897-a802-7524c682f519", "header": "Commercial Software Options for Improving ASIAS Analytics", "nested": [ { "text": "(a) ASIAS analytics \n(1) Evaluation \nNot later than 180 days after the date of enactment of this section, the Administrator shall evaluate whether commercial software solutions are available to improve the FAA’s Aviation Safety Information Analysis and Sharing (ASIAS) system to advance the system’s predictive capabilities and analytical solutions developed. (2) Requirements \nIn carrying out the evaluation required by paragraph (1), the Administrator shall— (A) prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs; and (B) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate live demonstrations of proposed solutions, as part of the evaluation criteria.", "id": "id712b8f33-ca6d-4fde-8f24-c296ea46c7fc", "header": "ASIAS analytics", "nested": [], "links": [] }, { "text": "(b) Congressional briefing \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a briefing on the results of the evaluation carried out under subsection (a) that— (1) includes an assessment of the FAA’s progress toward achieving previously identified milestones for ASIAS by the Inspector General of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; and (2) outlines the FAA’s plan to use rapidly deployable commercial solutions to assist the FAA in meeting such milestones.", "id": "id7b46c473-9ea1-4f6e-a087-cd75041d94fc", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "204. Authority to use electronic service \nSection 46103 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking or after the semicolon; (ii) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (D) by electronic or facsimile transmission to the person to be served or the designated agent of the person; or (E) as designated by regulation or guidance published in the Federal Register. ; and (B) by adding at the end the following: (3) The date of service made by an electronic or facsimile method is— (A) the date an electronic or facsimile transmission is sent; or (B) the date a notification is sent by an electronic or facsimile method that a notice, process, or action is immediately available and accessible in an electronic database. ; and (2) in subsection (c) by striking the first sentence and inserting Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent..", "id": "id359908f8-101f-46d0-95ca-162545ec6a45", "header": "Authority to use electronic service", "nested": [], "links": [] }, { "text": "211. Safety and efficiency through digitization of FAA systems \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall— (1) identify, at the discretion of the Administrator, 3 processes of the FAA that result in a certification (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and (2) initiate the digitization of such processes. (b) Requirements \nIn carrying out the digitization required by subsection (a), the Administrator shall ensure that the digitization of any process allows for— (1) an applicant to track their application throughout the period of submission and review of such application; and (2) the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application. (c) Briefing to Congress \nNot later than 1 year after the date on which the Administrator initiates the digitization under subsection (a)(2), the Administrator shall brief the appropriate committees of Congress on the progress of such digitization. (d) Definition of digitization \nIn this section, the term digitization means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.", "id": "ide47133f0-ed12-4a4e-96ae-f55eb5a5510c", "header": "Safety and efficiency through digitization of FAA systems", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall— (1) identify, at the discretion of the Administrator, 3 processes of the FAA that result in a certification (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and (2) initiate the digitization of such processes.", "id": "idb97bdb46-160f-4786-8242-711c2e5199cf", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn carrying out the digitization required by subsection (a), the Administrator shall ensure that the digitization of any process allows for— (1) an applicant to track their application throughout the period of submission and review of such application; and (2) the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application.", "id": "id9a15eb6a-c00c-40cd-8781-6e56be0743cc", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Briefing to Congress \nNot later than 1 year after the date on which the Administrator initiates the digitization under subsection (a)(2), the Administrator shall brief the appropriate committees of Congress on the progress of such digitization.", "id": "id32d59d9e-3883-47e0-975b-945dfca46cfe", "header": "Briefing to Congress", "nested": [], "links": [] }, { "text": "(d) Definition of digitization \nIn this section, the term digitization means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.", "id": "id2aba181b-5ea2-4666-92e1-4f0e894f5f95", "header": "Definition of digitization", "nested": [], "links": [] } ], "links": [] }, { "text": "212. Report elimination or modification \n(a) Reports modified \n(1) Report on the airport improvement program \n(A) In general \nSection 47131(a) of title 49, United States Code, is amended by striking the first sentence and inserting Not later than June 1, 2025, and biennially thereafter, the Secretary of Transportation shall submit to Congress a report on activities carried out under this subchapter during the prior 2 fiscal years.. (B) Conforming amendments \n(i) Section 47131 of title 49, United States Code, is amended in the section heading by striking Annual and inserting Biennial. (ii) The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47131 and inserting the following: 47131. Biennial report.. (2) National aviation research plan \n(A) Section 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission. (B) Section 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission. (b) Reports eliminated \n(1) Laser pointer incidents \nSection 2104(a) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 46301 note) is amended by striking Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding and inserting The Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide an annual briefing to the appropriate committees of Congress regarding. (2) Report on helicopter air ambulance operations \nSection 44731 of title 49, United States Code, is amended— (A) in subsection (d)— (i) in the subsection heading, by striking Report to Congress and inserting Briefing ; (ii) by striking the first sentence and inserting The Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the data collected under subsection (a). ; and (iii) in the second sentence by striking report and inserting briefing ; and (B) in subsection (e)(2), by striking the report and inserting the briefing.", "id": "id314a85c3-05f8-46c6-8159-2b6f404c9b09", "header": "Report elimination or modification", "nested": [ { "text": "(a) Reports modified \n(1) Report on the airport improvement program \n(A) In general \nSection 47131(a) of title 49, United States Code, is amended by striking the first sentence and inserting Not later than June 1, 2025, and biennially thereafter, the Secretary of Transportation shall submit to Congress a report on activities carried out under this subchapter during the prior 2 fiscal years.. (B) Conforming amendments \n(i) Section 47131 of title 49, United States Code, is amended in the section heading by striking Annual and inserting Biennial. (ii) The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47131 and inserting the following: 47131. Biennial report.. (2) National aviation research plan \n(A) Section 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission. (B) Section 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting 90 days after the date of submission.", "id": "id48ffb2db-094a-4dfe-9750-80abcf7086a1", "header": "Reports modified", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Reports eliminated \n(1) Laser pointer incidents \nSection 2104(a) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 46301 note) is amended by striking Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding and inserting The Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide an annual briefing to the appropriate committees of Congress regarding. (2) Report on helicopter air ambulance operations \nSection 44731 of title 49, United States Code, is amended— (A) in subsection (d)— (i) in the subsection heading, by striking Report to Congress and inserting Briefing ; (ii) by striking the first sentence and inserting The Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the data collected under subsection (a). ; and (iii) in the second sentence by striking report and inserting briefing ; and (B) in subsection (e)(2), by striking the report and inserting the briefing.", "id": "id3f45b348-76c9-4e40-aa89-d56056cd86ae", "header": "Reports eliminated", "nested": [], "links": [ { "text": "49 U.S.C. 46301", "legal-doc": "usc", "parsable-cite": "usc/49/46301" } ] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "49 U.S.C. 46301", "legal-doc": "usc", "parsable-cite": "usc/49/46301" } ] }, { "text": "213. Internal regulatory process review \n(a) In general \nThe Secretary shall establish an internal regulatory process review team (in this section referred to as the review team ) comprised of FAA employees and individuals described in subsection (b) to develop recommendations to improve the timeliness of, and performance accountability in, the development and promulgation of regulatory materials (as defined in subsection (g)). The review team shall deliver a report with recommendations to the Secretary in accordance with the deadlines specified in subsection (e). (b) Other members; consultation \n(1) In general \nThe review team shall include outside experts and academics with relevant experience or expertise in aviation safety and in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. The review team shall include at least 3 outside experts or academics with relevant experience or expertise in aviation safety and at least 1 outside expert or academic with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. (2) Consultation \nThe review team may, as appropriate, consult with industry stakeholders. (c) Contents of review \nIn conducting the review required under subsection (a), the review team shall do the following: (1) Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rulemaking committees and stakeholders have collaborated on the proposed regulations to address airworthiness standards deficiencies. (2) With respect to each office within the FAA that reviews regulatory materials, assess— (A) the timeline assigned to each such office to complete the review of regulatory materials; (B) the actual time spent for such review; (C) opportunities to reduce the actual time for such review; and (D) whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials. (3) Define and document the roles and responsibilities of each office within the FAA that develops, drafts, or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how these employees function in the rulemaking framework. (4) Describe any organizational changes or the need to hire additional FAA employees, if necessary and taking into consideration whether current positions are staffed, to reduce delays in publication of proposed and final regulatory materials. (5) In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a real-time progress tracker that updates itself to show the major stages (as determined by the Secretary) of the development of regulatory materials as they are initiated, in progress, and completed, from inception of a proposed development of regulatory materials to publication of the final version of such materials. (6) Consider changes to the FAA’s best practices under rules governing ex parte communications with other validating authorities, including international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for those related to enhancing aviation safety and the United States’ aviation international leadership. (7) Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes. (8) Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity. (d) Action plan \nThe Administrator shall develop an action plan to implement the recommendations developed by the review team. The Administrator shall publish the action plan on the internet website of the FAA and shall transmit the plan to the appropriate committees of Congress. (e) Deadlines \nThe requirements of this section shall be subject to the following deadlines: (1) The review team shall complete the evaluation required under subsection (a) and submit the review team’s report on such evaluation to the Secretary not later than 120 days after the date of enactment of this section. (2) The Administrator shall develop and publish the action plan under subsection (d) not later than 30 days after the date on which the review team submits the report required by subsection (a) to the Administrator. (f) Administrative procedure requirements inapplicable \nThe provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) shall not apply to any activities of the review team in carrying out the requirements of this section. (g) Regulatory materials defined \nIn this section, the term regulatory materials means rules, orders, advisory circulars, statements of policy, guidance, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.", "id": "id3399c557-fbfd-4c96-8718-2eea886bc8bc", "header": "Internal regulatory process review", "nested": [ { "text": "(a) In general \nThe Secretary shall establish an internal regulatory process review team (in this section referred to as the review team ) comprised of FAA employees and individuals described in subsection (b) to develop recommendations to improve the timeliness of, and performance accountability in, the development and promulgation of regulatory materials (as defined in subsection (g)). The review team shall deliver a report with recommendations to the Secretary in accordance with the deadlines specified in subsection (e).", "id": "id6f11fe97-ae01-4fda-92f3-363540665fd5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Other members; consultation \n(1) In general \nThe review team shall include outside experts and academics with relevant experience or expertise in aviation safety and in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. The review team shall include at least 3 outside experts or academics with relevant experience or expertise in aviation safety and at least 1 outside expert or academic with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. (2) Consultation \nThe review team may, as appropriate, consult with industry stakeholders.", "id": "idf5b6a333-b5e7-4e06-977b-5ddade5e7a70", "header": "Other members; consultation", "nested": [], "links": [] }, { "text": "(c) Contents of review \nIn conducting the review required under subsection (a), the review team shall do the following: (1) Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rulemaking committees and stakeholders have collaborated on the proposed regulations to address airworthiness standards deficiencies. (2) With respect to each office within the FAA that reviews regulatory materials, assess— (A) the timeline assigned to each such office to complete the review of regulatory materials; (B) the actual time spent for such review; (C) opportunities to reduce the actual time for such review; and (D) whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials. (3) Define and document the roles and responsibilities of each office within the FAA that develops, drafts, or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how these employees function in the rulemaking framework. (4) Describe any organizational changes or the need to hire additional FAA employees, if necessary and taking into consideration whether current positions are staffed, to reduce delays in publication of proposed and final regulatory materials. (5) In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a real-time progress tracker that updates itself to show the major stages (as determined by the Secretary) of the development of regulatory materials as they are initiated, in progress, and completed, from inception of a proposed development of regulatory materials to publication of the final version of such materials. (6) Consider changes to the FAA’s best practices under rules governing ex parte communications with other validating authorities, including international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for those related to enhancing aviation safety and the United States’ aviation international leadership. (7) Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes. (8) Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity.", "id": "id3dfb09eb-6ca9-4dde-aa93-1a8587f712b7", "header": "Contents of review", "nested": [], "links": [] }, { "text": "(d) Action plan \nThe Administrator shall develop an action plan to implement the recommendations developed by the review team. The Administrator shall publish the action plan on the internet website of the FAA and shall transmit the plan to the appropriate committees of Congress.", "id": "idf19f30a3-2ddc-4617-9300-4956e48f0bc0", "header": "Action plan", "nested": [], "links": [] }, { "text": "(e) Deadlines \nThe requirements of this section shall be subject to the following deadlines: (1) The review team shall complete the evaluation required under subsection (a) and submit the review team’s report on such evaluation to the Secretary not later than 120 days after the date of enactment of this section. (2) The Administrator shall develop and publish the action plan under subsection (d) not later than 30 days after the date on which the review team submits the report required by subsection (a) to the Administrator.", "id": "id6227746a-cad5-4e74-9628-4355f567a8c9", "header": "Deadlines", "nested": [], "links": [] }, { "text": "(f) Administrative procedure requirements inapplicable \nThe provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) shall not apply to any activities of the review team in carrying out the requirements of this section.", "id": "id3e7515ca-c093-45a8-af6d-b89d9abf4e86", "header": "Administrative procedure requirements inapplicable", "nested": [], "links": [] }, { "text": "(g) Regulatory materials defined \nIn this section, the term regulatory materials means rules, orders, advisory circulars, statements of policy, guidance, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.", "id": "idc0baf2f7-6d5d-4670-a886-5acfd2be8119", "header": "Regulatory materials defined", "nested": [], "links": [] } ], "links": [] }, { "text": "214. Review and Updates of Categorical Exclusions \nNot later than 2 years after the date of enactment of this section, the Secretary shall— (1) identify each categorical exclusion under the jurisdiction of the Department of Transportation (referred to in this section as the Department ), including any operating administration within the Department; and (2) review, adopt, and broaden the applicability of categorical exclusions to enable the use by operating administrations of the Department, as relevant and appropriate, of categorical exclusions identified in paragraph (1).", "id": "idcd6023f0-abca-4b88-82b1-4799d0db6d14", "header": "Review and Updates of Categorical Exclusions", "nested": [], "links": [] }, { "text": "301. Independent Study on future state of type certification processes \n(a) Review and study \nNot later than 60 days after the date of enactment of this section, subject to the availability of appropriations, the Administrator shall enter into an agreement with an appropriate Federally-funded research and development center, or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis, to conduct a review and study in accordance with the requirements and elements set forth in this section. (b) Elements \nThe review and study under subsection (a) shall provide analyses, assessments, and recommendations that address the following: (1) A vision for a future state of type certification that reflects the highly complex, highly integrated nature of today’s aircraft and improvements in aviation safety. (2) A review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques, including model-based system engineering, would improve the type certification process and enhance aviation safety. (3) How the FAA could develop a risk-based model for type certification that improves the safety of aircraft. (4) What changes are needed to ensure that corrective actions for continued operational safety issues can be approved and implemented quickly, particularly with respect to software modifications, while maintaining the safety of the type certification process. (5) What efficiencies and safety process improvements are needed in the FAA’s type certification system that will facilitate the assessment and integration of innovating technologies that advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness. (6) Best practices and tools used by other certification authorities that could be adopted by the FAA and the United States, as well as the best practices and tools used by the United States which can be shared with other certification authorities. (c) Report \nNot later than 15 months after the date of enactment of this section, the organization conducting the review and study shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes the findings and recommendations of the organization. (d) Congressional briefing \nNot later than 270 days after the report required under subsection (c) is submitted to the Administrator, the Administrator shall brief the appropriate committees of Congress regarding the FAA’s response to the findings and recommendations of such report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation.", "id": "id8df3ea1d-f5a0-49de-8cbc-6acc55d25031", "header": "Independent Study on future state of type certification processes", "nested": [ { "text": "(a) Review and study \nNot later than 60 days after the date of enactment of this section, subject to the availability of appropriations, the Administrator shall enter into an agreement with an appropriate Federally-funded research and development center, or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis, to conduct a review and study in accordance with the requirements and elements set forth in this section.", "id": "id7f585787-8bca-4ecb-8aad-bea115cc24b5", "header": "Review and study", "nested": [], "links": [] }, { "text": "(b) Elements \nThe review and study under subsection (a) shall provide analyses, assessments, and recommendations that address the following: (1) A vision for a future state of type certification that reflects the highly complex, highly integrated nature of today’s aircraft and improvements in aviation safety. (2) A review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques, including model-based system engineering, would improve the type certification process and enhance aviation safety. (3) How the FAA could develop a risk-based model for type certification that improves the safety of aircraft. (4) What changes are needed to ensure that corrective actions for continued operational safety issues can be approved and implemented quickly, particularly with respect to software modifications, while maintaining the safety of the type certification process. (5) What efficiencies and safety process improvements are needed in the FAA’s type certification system that will facilitate the assessment and integration of innovating technologies that advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness. (6) Best practices and tools used by other certification authorities that could be adopted by the FAA and the United States, as well as the best practices and tools used by the United States which can be shared with other certification authorities.", "id": "idfa1bb837-deea-443a-8c96-4e748addf527", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 15 months after the date of enactment of this section, the organization conducting the review and study shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes the findings and recommendations of the organization.", "id": "id4d76052c-0791-4893-b2d8-c7aa2105a246", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Congressional briefing \nNot later than 270 days after the report required under subsection (c) is submitted to the Administrator, the Administrator shall brief the appropriate committees of Congress regarding the FAA’s response to the findings and recommendations of such report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation.", "id": "id8eb20b89-c1d4-4b6b-bc97-6bf3ac1f8126", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Report on international validation program performance \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Secretary shall evaluate the performance of the FAA’s type certificate validation program under bilateral agreements, with reference to agreed implementation procedures. (b) Contents \nThe evaluation under subsection (a) shall consider, at minimum, the following: (1) Progress under section 243(a) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note) with respect to improving the FAA’s leadership abroad. (2) Develop criteria and procedures whereby an Organization Designation Authorization Holder (as defined in section 44736(c)(5) of title 49, United States Code) may provide an ODA Unit recommendation that certain data produced during an applicant’s company flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA. (3) Training on the minimum standards for validation work plan content, such as the validating authority level of involvement, and what constitutes justification for level of involvement and compliance document requests. (4) The perspectives of FAA employees responsible for type validation projects, bilateral civil aviation regulatory partners, and industry applicants, on the FAA’s performance in carrying out validation projects. (5) The levels of funding and staffing for the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA compared to the Branch’s workload and goals. (6) The effectiveness of FAA training for employees and of outreach conducted to improve and enforce validation processes. (7) Efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures. (c) Report \nThe Administrator shall issue a report regarding the evaluation required under subsection (a) to the appropriate committees of Congress not later than 1 year after the date of enactment of this section.", "id": "id8a977db6-413c-459d-979f-a0ef6462626b", "header": "Report on international validation program performance", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Secretary shall evaluate the performance of the FAA’s type certificate validation program under bilateral agreements, with reference to agreed implementation procedures.", "id": "idf006b2aa-5896-4462-a679-147be1a784d9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe evaluation under subsection (a) shall consider, at minimum, the following: (1) Progress under section 243(a) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note) with respect to improving the FAA’s leadership abroad. (2) Develop criteria and procedures whereby an Organization Designation Authorization Holder (as defined in section 44736(c)(5) of title 49, United States Code) may provide an ODA Unit recommendation that certain data produced during an applicant’s company flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA. (3) Training on the minimum standards for validation work plan content, such as the validating authority level of involvement, and what constitutes justification for level of involvement and compliance document requests. (4) The perspectives of FAA employees responsible for type validation projects, bilateral civil aviation regulatory partners, and industry applicants, on the FAA’s performance in carrying out validation projects. (5) The levels of funding and staffing for the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA compared to the Branch’s workload and goals. (6) The effectiveness of FAA training for employees and of outreach conducted to improve and enforce validation processes. (7) Efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures.", "id": "id24e6c025-fc6e-4e85-81c2-22dfcf8a4119", "header": "Contents", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "(c) Report \nThe Administrator shall issue a report regarding the evaluation required under subsection (a) to the appropriate committees of Congress not later than 1 year after the date of enactment of this section.", "id": "id8d576622-f13b-466b-9922-9c30e9221e98", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "303. High risk flight testing \n(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall take necessary actions, including as appropriate, amending part 21 of title 14, Code of Federal Regulations, and revising or modifying any associated advisory circulars, guidance, or policy of the FAA, in accordance with this section to improve flight test safety risk. (b) Requirements \nIn developing, amending, revising, or modifying regulations, advisory circulars, guidance, or policy under subsection (a), the Administrator shall do the following: (1) Develop validation criteria and procedures whereby data produced in high fidelity engineering laboratories and facilities may be allowed in conjunction with, or in lieu of, data produced on a flying test article to support an applicant’s showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations. (2) Develop criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant’s company flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA. (3) Work with other civil aviation authorities representing States of Design to identify their best practices relative to high risk flight testing and adopt those practices into the FAA's flight-testing requirements to the maximum extent practicable.", "id": "idd284874d-3499-444c-ab75-295df6cffdad", "header": "High risk flight testing", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall take necessary actions, including as appropriate, amending part 21 of title 14, Code of Federal Regulations, and revising or modifying any associated advisory circulars, guidance, or policy of the FAA, in accordance with this section to improve flight test safety risk.", "id": "ide74cdcb3-5e56-4a38-b1c1-f244e7c63b1c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn developing, amending, revising, or modifying regulations, advisory circulars, guidance, or policy under subsection (a), the Administrator shall do the following: (1) Develop validation criteria and procedures whereby data produced in high fidelity engineering laboratories and facilities may be allowed in conjunction with, or in lieu of, data produced on a flying test article to support an applicant’s showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations. (2) Develop criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant’s company flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA. (3) Work with other civil aviation authorities representing States of Design to identify their best practices relative to high risk flight testing and adopt those practices into the FAA's flight-testing requirements to the maximum extent practicable.", "id": "ida7a57cbf-de10-4a61-87f9-ccd83427adc4", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "304. Recording devices \n(a) In general \nChapter 447 of title 49, United States Code, is amended by adding at the end the following new section: 44745. Cockpit recording device \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and the National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes. (b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers. (c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder.. (b) Flight data recovery from overwater operations \nChapter 447 of title 49, United States Code, as amended by subsection (a), is further amended by adding at the end the following new section: 44746. Flight data recovery from overwater operations \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to require that, not later than 4 years after the date of enactment of this section, all applicable aircraft are— (1) fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder; (2) equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and (3) equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment. (b) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft manufactured on or after January 1, 2027, that is— (1) operated under part 121 of title 14, Code of Federal Regulations; (2) required by regulation to have a cockpit voice recorder and a flight data recorder; and (3) used in extended overwater operations.. (c) Clerical amendment \nThe analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44744 the following: 44745. Recording devices. 44746. Flight data recovery from overwater operations..", "id": "id31a7a159-ad81-4e9d-a183-c6328386d47c", "header": "Recording devices", "nested": [ { "text": "(a) In general \nChapter 447 of title 49, United States Code, is amended by adding at the end the following new section: 44745. Cockpit recording device \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and the National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes. (b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers. (c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder..", "id": "id5a62e886-30f8-4ea7-a994-e9cfa2a2b98d", "header": "In general", "nested": [], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] }, { "text": "(b) Flight data recovery from overwater operations \nChapter 447 of title 49, United States Code, as amended by subsection (a), is further amended by adding at the end the following new section: 44746. Flight data recovery from overwater operations \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to require that, not later than 4 years after the date of enactment of this section, all applicable aircraft are— (1) fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder; (2) equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and (3) equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment. (b) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft manufactured on or after January 1, 2027, that is— (1) operated under part 121 of title 14, Code of Federal Regulations; (2) required by regulation to have a cockpit voice recorder and a flight data recorder; and (3) used in extended overwater operations..", "id": "idbb4fe728443c46ffac38285578ada8f7", "header": "Flight data recovery from overwater operations", "nested": [], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] }, { "text": "(c) Clerical amendment \nThe analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44744 the following: 44745. Recording devices. 44746. Flight data recovery from overwater operations..", "id": "idf8fa76f3-0e34-4a29-a05b-74b19938bb55", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" }, { "text": "section 44744", "legal-doc": "usc", "parsable-cite": "usc/49/44744" } ] } ], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" }, { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" }, { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" }, { "text": "section 44744", "legal-doc": "usc", "parsable-cite": "usc/49/44744" } ] }, { "text": "44745. Cockpit recording device \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and the National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes. (b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers. (c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder.", "id": "ideee7dbf5-2166-46eb-a15d-3e7fa7435bff", "header": "Cockpit recording device", "nested": [ { "text": "(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to— (1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data; (2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18; (3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations; (4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and the National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and (5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes.", "id": "id3e5adb8e-533a-415e-85a4-72376bf43f14", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibited use \nA cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers.", "id": "id861e96a5-23c0-4e20-91ae-2be78e3c8001", "header": "Prohibited use", "nested": [], "links": [] }, { "text": "(c) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft that is— (1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and (2) required by regulation to have a cockpit voice recorder or a flight data recorder.", "id": "id596aeef3-ccee-43f2-b876-5551811c3dd4", "header": "Applicable aircraft defined", "nested": [], "links": [] } ], "links": [] }, { "text": "44746. Flight data recovery from overwater operations \n(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to require that, not later than 4 years after the date of enactment of this section, all applicable aircraft are— (1) fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder; (2) equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and (3) equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment. (b) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft manufactured on or after January 1, 2027, that is— (1) operated under part 121 of title 14, Code of Federal Regulations; (2) required by regulation to have a cockpit voice recorder and a flight data recorder; and (3) used in extended overwater operations.", "id": "id8c65701e25274bf4be713df3e86e1d78", "header": "Flight data recovery from overwater operations", "nested": [ { "text": "(a) In general \nNot later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to require that, not later than 4 years after the date of enactment of this section, all applicable aircraft are— (1) fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder; (2) equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and (3) equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment.", "id": "idb06c43e69bbc418192a9ada93c62295b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Applicable aircraft defined \nIn this section, the term applicable aircraft means an aircraft manufactured on or after January 1, 2027, that is— (1) operated under part 121 of title 14, Code of Federal Regulations; (2) required by regulation to have a cockpit voice recorder and a flight data recorder; and (3) used in extended overwater operations.", "id": "id34695509591848DDA0AFAE9B57483CA1", "header": "Applicable aircraft defined", "nested": [], "links": [] } ], "links": [] }, { "text": "305. Helicopter safety \n(a) In general \nNot later than 270 days after the date of enactment of this section, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the Committee ) with reviewing and assessing the need for changes to the safety requirements for turbine-powered rotorcraft certificated for 6 or more passenger seats in relation to flight data recorders, flight data monitoring, and terrain awareness and warning systems. The Committee shall submit to the Administrator a report on the findings from such review and assessment, together with recommendations for such legislative or administrative action as the Committee deems appropriate. (b) Considerations \nIn reviewing and assessing the safety requirements under subsection (a), the Committee shall consider— (1) any applicable safety recommendations of the National Transportation Safety Board; and (2) the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations. (c) Briefing \nNot later than 30 days after the date on which the Committee submits the report under subsection (a), the Administrator shall brief the appropriate committees of Congress on— (1) the findings and recommendations included in the Committee's report; and (2) the Administrator’s plan, if any, to implement such recommendations.", "id": "idbae64672-ef17-424e-a64c-c8d970b1a608", "header": "Helicopter safety", "nested": [ { "text": "(a) In general \nNot later than 270 days after the date of enactment of this section, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the Committee ) with reviewing and assessing the need for changes to the safety requirements for turbine-powered rotorcraft certificated for 6 or more passenger seats in relation to flight data recorders, flight data monitoring, and terrain awareness and warning systems. The Committee shall submit to the Administrator a report on the findings from such review and assessment, together with recommendations for such legislative or administrative action as the Committee deems appropriate.", "id": "id8bdd8513-ddfd-4a88-82e6-240bf29d0870", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Considerations \nIn reviewing and assessing the safety requirements under subsection (a), the Committee shall consider— (1) any applicable safety recommendations of the National Transportation Safety Board; and (2) the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations.", "id": "id91d043c7-49ae-4453-be5e-0440c8855f11", "header": "Considerations", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 30 days after the date on which the Committee submits the report under subsection (a), the Administrator shall brief the appropriate committees of Congress on— (1) the findings and recommendations included in the Committee's report; and (2) the Administrator’s plan, if any, to implement such recommendations.", "id": "id7d6507e0-7aab-4465-9e9f-a769f9e79155", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "306. Review and incorporation of human readiness levels into agency guidance material \n(a) Findings \nCongress finds the following: (1) Proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error. (2) The evaluation and monitoring of a new aviation technology or system with respect to human use throughout its design and development may reduce human error in new systems and technologies when used in operational conditions. (3) The technical standard ANSI/HFES 400–2021, Human Readiness Level Scale in the System Development Process defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes. (b) Review \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a process to review ANSI/HFES Standard 400–2021 and determine whether any materials from this standard can and should be incorporated or referenced in agency procedures and guidance material in order to enhance safety in relation to human factors. (c) Consultation \nIn carrying out subsection (b), the Administrator shall conduct a review of the ANSI/HFES 400–2021 technical standard and may consult with subject matter experts affiliated with the authoring organization for such technical standard. (d) Briefing \nNot later than 180 days after the date of enactment of this section, the Administrator shall brief the appropriate committees of Congress on the progress of the review required by subsection (b).", "id": "id93dbae45-5bc0-41da-97da-b74a6744593b", "header": "Review and incorporation of human readiness levels into agency guidance material", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error. (2) The evaluation and monitoring of a new aviation technology or system with respect to human use throughout its design and development may reduce human error in new systems and technologies when used in operational conditions. (3) The technical standard ANSI/HFES 400–2021, Human Readiness Level Scale in the System Development Process defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.", "id": "idf328175d-e582-4001-952d-07c6975bd8e5", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Review \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a process to review ANSI/HFES Standard 400–2021 and determine whether any materials from this standard can and should be incorporated or referenced in agency procedures and guidance material in order to enhance safety in relation to human factors.", "id": "idbcef8557-4772-4f07-b379-7111dda98570", "header": "Review", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn carrying out subsection (b), the Administrator shall conduct a review of the ANSI/HFES 400–2021 technical standard and may consult with subject matter experts affiliated with the authoring organization for such technical standard.", "id": "id05f34aa6-096c-4feb-ae60-23f7d3d2f570", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot later than 180 days after the date of enactment of this section, the Administrator shall brief the appropriate committees of Congress on the progress of the review required by subsection (b).", "id": "idc21e41bb-1a02-4342-ac68-2be62934cc93", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "307. Service difficulty reports \n(a) Annual congressional briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on compliance during the preceding year with requirements relating to Service Difficulty Reports, specifically— (1) compliance by operators with the requirements of section 121.703 of title 14, Code of Federal Regulations; (2) compliance by approval or certificate holders with the requirements of section 183.63 of title 14, Code of Federal Regulations; and (3) compliance by FAA offices with the requirements for investigation of Service Difficulty Reports, as documented in the following FAA Orders (and any subsequent revisions of such Orders): (A) FAA Order 8900.1A, Flight Standards Information Management System (issued October 27, 2022); (B) FAA Order 8120.23A, Certificate Management of Production Approval Holders (issued March 6, 2017); and (C) FAA Order 8110.107A, Monitor Safety/Analyze Data (issued October 1, 2012). (b) Requirements \nThe briefings required by subsection (a) shall include the following with respect to the preceding year: (1) Identification of categories of service difficulties reported, as determined by the Administrator, including repetitive service difficulties reported. (2) The causes of the service difficulties, as determined by the Administrator. (3) Actions taken by, or required by, the Administrator to address the identified causes of service difficulties. (4) Violations of title 14, Code of Federal Regulations, and what, if any, action the FAA took in response to a violation, including any actions set forth in FAA Order 2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10 (issued September 18, 2018) (or any subsequent revisions of such Order).", "id": "id53c0ee3b-9b90-437b-9ef5-0daa3a6fb993", "header": "Service difficulty reports", "nested": [ { "text": "(a) Annual congressional briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on compliance during the preceding year with requirements relating to Service Difficulty Reports, specifically— (1) compliance by operators with the requirements of section 121.703 of title 14, Code of Federal Regulations; (2) compliance by approval or certificate holders with the requirements of section 183.63 of title 14, Code of Federal Regulations; and (3) compliance by FAA offices with the requirements for investigation of Service Difficulty Reports, as documented in the following FAA Orders (and any subsequent revisions of such Orders): (A) FAA Order 8900.1A, Flight Standards Information Management System (issued October 27, 2022); (B) FAA Order 8120.23A, Certificate Management of Production Approval Holders (issued March 6, 2017); and (C) FAA Order 8110.107A, Monitor Safety/Analyze Data (issued October 1, 2012).", "id": "idbe9c2875-3d2e-470b-a9c9-184de2527dd1", "header": "Annual congressional briefings", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe briefings required by subsection (a) shall include the following with respect to the preceding year: (1) Identification of categories of service difficulties reported, as determined by the Administrator, including repetitive service difficulties reported. (2) The causes of the service difficulties, as determined by the Administrator. (3) Actions taken by, or required by, the Administrator to address the identified causes of service difficulties. (4) Violations of title 14, Code of Federal Regulations, and what, if any, action the FAA took in response to a violation, including any actions set forth in FAA Order 2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10 (issued September 18, 2018) (or any subsequent revisions of such Order).", "id": "id9fc08646-80f4-490a-af5a-4c82b201b848", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "308. Accountability and compliance \n(a) In general \nSection 44704(a)(1) of title 49, United States Code, is amended by adding at the end the following: When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that the submitted design data demonstrates compliance with the applicable airworthiness standards or that any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety as agreed upon by the Administrator. (b) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification required by the amendment made by subsection (a).", "id": "id89a756c7-8694-4869-980e-e235fc5a7103", "header": "Accountability and compliance", "nested": [ { "text": "(a) In general \nSection 44704(a)(1) of title 49, United States Code, is amended by adding at the end the following: When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that the submitted design data demonstrates compliance with the applicable airworthiness standards or that any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety as agreed upon by the Administrator.", "id": "idbf950e7a-9c8f-486c-885e-ed25ba5bc035", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification required by the amendment made by subsection (a).", "id": "idc6ef0a69-65cc-489c-8146-31997482baa8", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "309. Accountability for aircraft registration numbers \nThe Administrator shall review the process of reserving aircraft registration numbers and implement appropriate changes to ensure fair participation by the general public, including the implementation of readily available software to prevent any computer auto-fill systems from reserving aircraft registration numbers in bulk.", "id": "id07c6396c-db90-46a0-a55d-3433fadf75e1", "header": "Accountability for aircraft registration numbers", "nested": [], "links": [] }, { "text": "310. Aircraft reregistration \n(a) In general \nChapter 441 of title 49, United States Code, is amended by adding at the end the following new section: 44114. Reregistration of aircraft \nIf an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that— (1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and (2) the Administrator has not rejected such reregistration application.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this section. (c) Clerical amendment \nThe analysis for chapter 441 of such title is amended by inserting after the item relating to section 44113 the following: 44114. Reregistration of aircraft..", "id": "id1916f4c2-60a2-4d55-9a7d-cbdd53a76a4b", "header": "Aircraft reregistration", "nested": [ { "text": "(a) In general \nChapter 441 of title 49, United States Code, is amended by adding at the end the following new section: 44114. Reregistration of aircraft \nIf an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that— (1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and (2) the Administrator has not rejected such reregistration application..", "id": "idf154fbb7-2c7e-462f-b8ab-564253c935a0", "header": "In general", "nested": [], "links": [ { "text": "Chapter 441", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/441" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this section.", "id": "id51845b74-f302-4616-bc45-90cf5ae784c1", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe analysis for chapter 441 of such title is amended by inserting after the item relating to section 44113 the following: 44114. Reregistration of aircraft..", "id": "id34a74bfe-6f2f-4052-b9d9-b883abf305c6", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 441", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/441" } ] }, { "text": "44114. Reregistration of aircraft \nIf an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that— (1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and (2) the Administrator has not rejected such reregistration application.", "id": "ide924c7d8-ce59-4537-a1a1-8b5209c614c0", "header": "Reregistration of aircraft", "nested": [], "links": [] }, { "text": "311. FAA oversight of repair stations located outside the United States \n(a) In general \nSection 44733 of title 49, United States Code, is amended— (1) in the section heading by striking Inspection and inserting Oversight ; (2) in subsection (e)— (A) in the first sentence— (i) by inserting , without prior notice to such repair stations, after annually ; and (ii) by inserting and the applicable laws of the country in which a repair station is located after international agreements ; and (B) by striking the second sentence and inserting The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and with the applicable laws of the country in which a repair station is located. ; (3) by redesignating subsection (g) as subsection (i); and (4) by inserting after subsection (f) the following: (g) Data analysis \n(1) In general \nAn air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year. (2) Information required \nA report under paragraph (1) shall contain the following information: (A) The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) was performed outside the United States. (B) A description of the work performed at each such location. (C) The date of completion of the work performed at each such location. (D) If applicable, a list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that— (i) require corrective action after the aircraft is approved for return to service; and (ii) result from the work performed on such aircraft. (E) The certificate number of the person approving such aircraft or on-wing aircraft engine, for return to service following completion of the work performed at each such location. (3) Analysis \nThe Administrator of the Federal Aviation Administration shall— (A) analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and (B) require appropriate actions in response. (4) Confidentiality \nInformation made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123. (h) Minimum qualifications for mechanics and others working on U.S. registered aircraft \n(1) In general \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station— (A) all supervisory personnel are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and (B) all personnel authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator. (2) Available for consultation \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station.. (b) Definition of covered repair station \n(1) In general \nSection 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following: (1) Covered repair station \nThe term covered repair station means a facility that— (A) is located outside the United States; (B) is certificated under part 145 of title 14, Code of Federal Regulations; and (C) performs heavy maintenance work on aircraft (including on-wing aircraft engines) operated under part 121 of title 14, Code of Federal Regulations.. (2) Technical amendment \nSection 44733(a)(3) of title 49, United States Code, is amended by striking covered part 145 repair stations and inserting part 145 repair stations. (c) Clerical amendments \nThe analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following: 44733. Oversight of repair stations located outside the United States..", "id": "id657ee2c3-7991-480b-a23c-c15263196067", "header": "FAA oversight of repair stations located outside the United States", "nested": [ { "text": "(a) In general \nSection 44733 of title 49, United States Code, is amended— (1) in the section heading by striking Inspection and inserting Oversight ; (2) in subsection (e)— (A) in the first sentence— (i) by inserting , without prior notice to such repair stations, after annually ; and (ii) by inserting and the applicable laws of the country in which a repair station is located after international agreements ; and (B) by striking the second sentence and inserting The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and with the applicable laws of the country in which a repair station is located. ; (3) by redesignating subsection (g) as subsection (i); and (4) by inserting after subsection (f) the following: (g) Data analysis \n(1) In general \nAn air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year. (2) Information required \nA report under paragraph (1) shall contain the following information: (A) The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) was performed outside the United States. (B) A description of the work performed at each such location. (C) The date of completion of the work performed at each such location. (D) If applicable, a list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that— (i) require corrective action after the aircraft is approved for return to service; and (ii) result from the work performed on such aircraft. (E) The certificate number of the person approving such aircraft or on-wing aircraft engine, for return to service following completion of the work performed at each such location. (3) Analysis \nThe Administrator of the Federal Aviation Administration shall— (A) analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and (B) require appropriate actions in response. (4) Confidentiality \nInformation made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123. (h) Minimum qualifications for mechanics and others working on U.S. registered aircraft \n(1) In general \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station— (A) all supervisory personnel are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and (B) all personnel authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator. (2) Available for consultation \nNot later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station..", "id": "id60ad5d9d-c3fb-4cd8-94f6-5901c4427ce8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition of covered repair station \n(1) In general \nSection 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following: (1) Covered repair station \nThe term covered repair station means a facility that— (A) is located outside the United States; (B) is certificated under part 145 of title 14, Code of Federal Regulations; and (C) performs heavy maintenance work on aircraft (including on-wing aircraft engines) operated under part 121 of title 14, Code of Federal Regulations.. (2) Technical amendment \nSection 44733(a)(3) of title 49, United States Code, is amended by striking covered part 145 repair stations and inserting part 145 repair stations.", "id": "idfd272b26-3e11-4c64-ad03-0fd2c914a57c", "header": "Definition of covered repair station", "nested": [], "links": [] }, { "text": "(c) Clerical amendments \nThe analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following: 44733. Oversight of repair stations located outside the United States..", "id": "id7a7d5884-e52d-4032-bef5-679b19ea4e44", "header": "Clerical amendments", "nested": [], "links": [ { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] } ], "links": [ { "text": "chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] }, { "text": "312. Alcohol and drug testing and background checks \n(a) In general \nSubject to subsection (c), beginning on the date that is 2 years after the date of enactment of this section, the Administrator may not approve or authorize international travel for any employee of the FAA until a final rule carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44733 note) has been published in the Federal Register. (b) Rulemaking on assessment requirement \nWith respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title. (c) Exceptions \nThe prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual-by-individual basis to be— (1) exclusively for the purpose of conducting a safety inspection; (2) directly related to aviation safety standards, certification, and oversight; or (3) vital to the national interests of the United States. (d) Definition of covered repair station \nFor purposes of this section, the term covered repair station means a facility that— (1) is located outside the United States; (2) is certificated under part 145 of title 14, Code of Federal Regulations; and (3) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.", "id": "idd53bf150-9c49-4ce5-bf40-9be34a992574", "header": "Alcohol and drug testing and background checks", "nested": [ { "text": "(a) In general \nSubject to subsection (c), beginning on the date that is 2 years after the date of enactment of this section, the Administrator may not approve or authorize international travel for any employee of the FAA until a final rule carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44733 note) has been published in the Federal Register.", "id": "idc4a639e4-0aa4-438c-a30f-4612afa7fa40", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 44733", "legal-doc": "usc", "parsable-cite": "usc/49/44733" } ] }, { "text": "(b) Rulemaking on assessment requirement \nWith respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.", "id": "id3ddb548e-1078-488a-b96b-913d92254c13", "header": "Rulemaking on assessment requirement", "nested": [], "links": [] }, { "text": "(c) Exceptions \nThe prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual-by-individual basis to be— (1) exclusively for the purpose of conducting a safety inspection; (2) directly related to aviation safety standards, certification, and oversight; or (3) vital to the national interests of the United States.", "id": "idd789cff5-62aa-47d5-8a2b-880a6583704d", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(d) Definition of covered repair station \nFor purposes of this section, the term covered repair station means a facility that— (1) is located outside the United States; (2) is certificated under part 145 of title 14, Code of Federal Regulations; and (3) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.", "id": "id150dd4c8-863f-4ef3-b95c-307ee441ae0b", "header": "Definition of covered repair station", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44733", "legal-doc": "usc", "parsable-cite": "usc/49/44733" } ] }, { "text": "313. Continuous aircraft tracking and transmission for high altitude balloons \n(a) Aviation rulemaking committee \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner that is accessible to air traffic controllers and ensures the safe integration of high altitude balloons into the national airspace system. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Aviation safety experts, including experts with specific knowledge— (i) of high altitude balloon operations; or (ii) FAA tracking and surveillance systems. (C) Non-governmental researchers and educators. (D) Representatives of the Department of Defense. (E) Representatives of Federal agencies that conduct high altitude balloon operations. (3) Report \nNot later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include recommendations regarding the following: (A) How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require all high altitude balloons (including public aircraft operations) to have a continuous aircraft tracking and transmission system. (B) Any necessary updates to the requirements for unmanned free balloons under subpart D of part 101 of title 14, Code of Federal Regulations. (C) Any necessary updates to other FAA regulations or requirements deemed appropriate and necessary by the Administrator to— (i) ensure any high altitude balloon has a continuous aircraft tracking and transmission system; (ii) ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers; (iii) determine criteria and provide approval guidance for new equipment that provides continuous aircraft tracking and transmission for high altitude balloons and meets the performance requirements described under such section 91.225, including portable, battery-powered Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipage; and (iv) maintain airspace safety. (4) Use of prior work \nIn developing the report under paragraph (3), the Committee may make full use of any research, comments, data, findings, or recommendations made by any prior Aviation Rulemaking Committee. (5) New technologies and solutions \nNothing in this subsection shall require the Committee to develop recommendations requiring equipage of high altitude balloons with an ADS-B or an air traffic control transponder transmission system, or preclude the Committee from making recommendations for the adoption of new systems or solutions that may require that a high altitude balloon be equipped with a system that can transmit, at a minimum, the altitude, location, and identity of the high altitude balloon. (b) Rulemaking and other requirements \nNot later than 18 months after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall— (1) issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and (2) coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to identify opportunities to align continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the national airspace system. (c) Interim standard \nDuring the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215 or in subsection (e) of section 91.1 of such title 14. (d) Reports to Congress \nNot later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection. (e) Definitions \nIn this section: (1) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) High altitude balloon \nThe term high altitude balloon means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.", "id": "id49bb19454771424185cf3608a782494d", "header": "Continuous aircraft tracking and transmission for high altitude balloons", "nested": [ { "text": "(a) Aviation rulemaking committee \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner that is accessible to air traffic controllers and ensures the safe integration of high altitude balloons into the national airspace system. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Aviation safety experts, including experts with specific knowledge— (i) of high altitude balloon operations; or (ii) FAA tracking and surveillance systems. (C) Non-governmental researchers and educators. (D) Representatives of the Department of Defense. (E) Representatives of Federal agencies that conduct high altitude balloon operations. (3) Report \nNot later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include recommendations regarding the following: (A) How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require all high altitude balloons (including public aircraft operations) to have a continuous aircraft tracking and transmission system. (B) Any necessary updates to the requirements for unmanned free balloons under subpart D of part 101 of title 14, Code of Federal Regulations. (C) Any necessary updates to other FAA regulations or requirements deemed appropriate and necessary by the Administrator to— (i) ensure any high altitude balloon has a continuous aircraft tracking and transmission system; (ii) ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers; (iii) determine criteria and provide approval guidance for new equipment that provides continuous aircraft tracking and transmission for high altitude balloons and meets the performance requirements described under such section 91.225, including portable, battery-powered Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipage; and (iv) maintain airspace safety. (4) Use of prior work \nIn developing the report under paragraph (3), the Committee may make full use of any research, comments, data, findings, or recommendations made by any prior Aviation Rulemaking Committee. (5) New technologies and solutions \nNothing in this subsection shall require the Committee to develop recommendations requiring equipage of high altitude balloons with an ADS-B or an air traffic control transponder transmission system, or preclude the Committee from making recommendations for the adoption of new systems or solutions that may require that a high altitude balloon be equipped with a system that can transmit, at a minimum, the altitude, location, and identity of the high altitude balloon.", "id": "id12112e71837a45198efec74f53764bf7", "header": "Aviation rulemaking committee", "nested": [], "links": [] }, { "text": "(b) Rulemaking and other requirements \nNot later than 18 months after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall— (1) issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and (2) coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to identify opportunities to align continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the national airspace system.", "id": "id791d889eee464109b24f92be41307119", "header": "Rulemaking and other requirements", "nested": [], "links": [] }, { "text": "(c) Interim standard \nDuring the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215 or in subsection (e) of section 91.1 of such title 14.", "id": "id44981948d11d497b884e109667a1918e", "header": "Interim standard", "nested": [], "links": [] }, { "text": "(d) Reports to Congress \nNot later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection.", "id": "id9943576768bb489880cad8de66dff643", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Appropriate committees of congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) High altitude balloon \nThe term high altitude balloon means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.", "id": "id74d08910ff24478e840cdd68f670c33a", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "314. International engagement \n(a) Plan \n(1) In general \nThe Administrator shall develop and implement a plan to enhance United States’ leadership in aviation safety and policy. (2) Contents of plan \nThe plan required under paragraph (1) shall include, at minimum, the following: (A) Measures to advance international cooperation related to— (i) approval of new safety-enhancing technologies and aeronautical products; (ii) development of regulatory policy and plans related to advanced air mobility concepts; (iii) innovation in the general aviation sector; (iv) further integration of uncrewed aircraft systems and advanced air mobility aircraft and operators; and (v) development of international standards and best practices for enhancing aviation safety consistent with United States policy and objectives. (B) Initiatives to attain greater expertise among employees of the FAA on issues related to dispute resolution, intellectual property, and export control laws. (C) Policy regarding the future direction and strategy of United States engagement with the International Civil Aviation Organization and bilateral partner countries, including the secondment of subject matter experts. (D) Procedures for acceptance of mandatory continuing airworthiness information, such as airworthiness directives and other safety-related regulatory documents, consistent with section 44701(e)(5) of title 49, United States Code. (E) Measures to align the FAA's technical assistance to foreign civil aviation regulators, taking into account, among other factors, with respect to each such foreign regulator, the particular aeronautical products for which the United States is the State of Design in operation in the State of such regulator’s jurisdiction. (F) Measures, such as funding and the hiring of additional FAA personnel, necessary for the FAA to fully participate in global and bilateral activities related to aviation safety. (G) Measures to facilitate and expand the FAA’s international programs, training, and technical assistance to foreign civil aviation authorities in order to— (i) strengthen aviation safety oversight; (ii) meet the United Nations International Civil Aviation Organization standards; and (iii) further United States policy and objectives. (H) Initiatives to further develop and establish the FAA’s foreign offices in strategic regions, particularly Africa and Asia-Pacific, in order to support the FAA’s international mission to promote a safe, secure, seamless, and sustainable global aerospace system. (b) Public availability of plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall make the plan developed under subsection (a) available on the internet website of the FAA. (c) Submission to Congress \n(1) Plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a copy of the plan developed under subsection (a). (2) Updates on implementation \nNot later than 1 year after the submission of the plan under paragraph (1), and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the activities the FAA is conducting in order to implement such plan. (d) International travel \nThe Administrator, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or office, for the purpose of— (1) promotion of aviation safety and other relevant aviation standards; (2) providing support for expedited acceptance of FAA design and production approvals by other civil aviation authorities; (3) facilitation of adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization; or (4) providing support for technical assistance and training by the FAA.", "id": "id0d3f0f4e-a1a2-4204-ab2c-8cc94961f79e", "header": "International engagement", "nested": [ { "text": "(a) Plan \n(1) In general \nThe Administrator shall develop and implement a plan to enhance United States’ leadership in aviation safety and policy. (2) Contents of plan \nThe plan required under paragraph (1) shall include, at minimum, the following: (A) Measures to advance international cooperation related to— (i) approval of new safety-enhancing technologies and aeronautical products; (ii) development of regulatory policy and plans related to advanced air mobility concepts; (iii) innovation in the general aviation sector; (iv) further integration of uncrewed aircraft systems and advanced air mobility aircraft and operators; and (v) development of international standards and best practices for enhancing aviation safety consistent with United States policy and objectives. (B) Initiatives to attain greater expertise among employees of the FAA on issues related to dispute resolution, intellectual property, and export control laws. (C) Policy regarding the future direction and strategy of United States engagement with the International Civil Aviation Organization and bilateral partner countries, including the secondment of subject matter experts. (D) Procedures for acceptance of mandatory continuing airworthiness information, such as airworthiness directives and other safety-related regulatory documents, consistent with section 44701(e)(5) of title 49, United States Code. (E) Measures to align the FAA's technical assistance to foreign civil aviation regulators, taking into account, among other factors, with respect to each such foreign regulator, the particular aeronautical products for which the United States is the State of Design in operation in the State of such regulator’s jurisdiction. (F) Measures, such as funding and the hiring of additional FAA personnel, necessary for the FAA to fully participate in global and bilateral activities related to aviation safety. (G) Measures to facilitate and expand the FAA’s international programs, training, and technical assistance to foreign civil aviation authorities in order to— (i) strengthen aviation safety oversight; (ii) meet the United Nations International Civil Aviation Organization standards; and (iii) further United States policy and objectives. (H) Initiatives to further develop and establish the FAA’s foreign offices in strategic regions, particularly Africa and Asia-Pacific, in order to support the FAA’s international mission to promote a safe, secure, seamless, and sustainable global aerospace system.", "id": "id3e266782-fc09-4e52-9862-a702b27f8055", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Public availability of plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall make the plan developed under subsection (a) available on the internet website of the FAA.", "id": "id5ed3f17b-cb67-4627-84a5-035514fab444", "header": "Public availability of plan", "nested": [], "links": [] }, { "text": "(c) Submission to Congress \n(1) Plan \nNot later than 210 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a copy of the plan developed under subsection (a). (2) Updates on implementation \nNot later than 1 year after the submission of the plan under paragraph (1), and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the activities the FAA is conducting in order to implement such plan.", "id": "id3db7f1ef-f34a-4a75-a8c2-3ebdef48d51d", "header": "Submission to Congress", "nested": [], "links": [] }, { "text": "(d) International travel \nThe Administrator, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or office, for the purpose of— (1) promotion of aviation safety and other relevant aviation standards; (2) providing support for expedited acceptance of FAA design and production approvals by other civil aviation authorities; (3) facilitation of adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization; or (4) providing support for technical assistance and training by the FAA.", "id": "iddd5b6304-48c2-4240-a8a8-76573f089c5f", "header": "International travel", "nested": [], "links": [] } ], "links": [] }, { "text": "315. Air tour and sport parachuting safety \n(a) Safety management system requirements for certain operators \nNot later than 24 months after the date of enactment of this section, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations. (b) Other safety requirements for commercial operators \n(1) Safety reforms \n(A) Authority to conduct nonstop commercial air tours \n(i) In general \nSubject to clauses (ii) and (iii), beginning on the date that is 3 years after the date of enactment of this section, no person may conduct commercial air tours unless that person— (I) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations; and (II) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations. (ii) Small business exception \nThe provisions of clause (i) shall not apply to a person who conducts 50 or fewer commercial air tours in a year. (iii) Temporary exception \nNotwithstanding the requirements of clause (i), for a period of 5 years after the date described in clause (i), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person— (I) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and (II) has not been issued such part 119 certificate or received a denial of the application submitted under subclause (I). (iv) Reporting required \nBeginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under clause (ii) or (iii)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months. (v) Other terms \nThe Administrator shall— (I) revise title 14, Code of Federal Regulations, to include definitions for the terms aerial work and aerial photography that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and (II) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions. (B) Additional safety requirements \nNot later than 3 years after the date of enactment of this section, the Administrator shall issue new or revised regulations that shall require each commercial air tour operator to ensure that the doors of the airplane or helicopter, rotorcraft, or other aircraft used for such tour remain closed during the period of the tour in which the airplane or helicopter is moving on the surface or is airborne and provide an exception for a parachuting flight and operations under section 119.1(e)(4) of title 14, Code of Federal Regulations, and incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low visibility environments with special attention paid to research available as of the date of enactment of this section on human factors issues involved in such accidents, including but not limited to— (i) specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents; (ii) pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules; (iii) use of terrain awareness displays; (iv) spatial disorientation risk factors and countermeasures; and (v) strategies for maintaining control, including the use of automated systems. (2) Aviation rulemaking committee \n(A) In general \nThe Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (i) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues; (ii) requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods); (iii) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program; (iv) establishing methods to provide effective terrain awareness and warning; and (v) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that— (I) includes both visual and aural alerts; (II) is driven by an algorithm designed to eliminate nuisance alerts; and (III) is operational during all flight operations. (B) Membership \nThe aviation rulemaking committee shall consist of members appointed by the Administrator, including— (i) representatives of industry, including manufacturers of aircraft and aircraft technologies; (ii) representatives of aviation operator organizations; and (iii) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations. (C) Duties \n(i) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (v) of subparagraph (A). (ii) Considerations \nIn carrying out its duties under clause (i), the Administrator shall direct the aviation rulemaking committee to consider— (I) recommendations of the National Transportation Safety Board; (II) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements on part 135 commercial operators; (III) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST); (IV) scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends; (V) appropriate use of data for modifying behavior to prevent accidents; (VI) the need to accommodate technological advancements in flight data recording technology; (VII) data gathered from aviation safety reporting programs; (VIII) appropriate methods to provide effective terrain awareness and warning system (TAWS) protections while mitigating nuisance alerts for aircraft; (IX) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; (X) the need to accommodate diversity of operations and mission sets; (XI) benefits of third-party data analysis for large and small operations; (XII) accommodations necessary for small businesses; and (XIII) other issues as necessary. (D) Reports and regulations \nThe Administrator shall— (i) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (ii) not later than 12 months after the date of submission of the report under clause (i), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in clauses (i) through (v) of subparagraph (A); and (iii) not later than 3 years after the date of enactment of this section, issue a final rule with respect to each of the matters specified in such clauses of subparagraph (A). (c) Expedited process for obtaining operating certificates \n(1) In general \nThe Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations. (2) Considerations \nIn carrying out paragraph (1), beginning on the date that is 18 months after the date of enactment of this section, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with subsection (b)(1)(A). (3) Report required \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing— (A) how the procedures implemented under paragraph (1) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title; (B) how considerations under paragraph (2) will be incorporated into procedures implemented under paragraph (1); and (C) any additional resources required to implement procedures under paragraph (1). (4) Additional reports required \nNot later than 3 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit a report to the appropriate committees of Congress that— (A) includes— (i) data on certification approvals and denials; and (ii) data on duration of key phases of the certification process; and (B) identifies certification policies in need of reform or repeal. (d) Safety requirements for sport parachute operations \n(1) Aviation rulemaking committee \nThe Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (A) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address— (i) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits; (ii) initial and annual recurrent pilot proficiency checking programs for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and (iii) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft; (B) the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and (C) the revision of guidance materials issued in Order 8900.1 entitled Flight Standards Information Management System , to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations. (2) Membership \nThe aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including— (A) representatives of industry, including manufacturers of aircraft and aircraft technologies; (B) representatives of parachute operator organizations; and (C) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. (3) Duties \n(A) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1). (B) Considerations \nIn carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider— (i) findings and recommendations of the National Transportation Safety Board generally, as relevant, and specifically those related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; (ii) recommendations of previous aviation rulemaking committees that considered similar issues; (iii) recommendations from industry safety organizations, including, but not limited to, the United States Parachute Association; (iv) appropriate use of data for modifying behavior to prevent accidents; (v) data gathered from aviation safety reporting programs; (vi) the need to accommodate diversity of operations and mission sets; (vii) accommodations necessary for small businesses; and (viii) other issues as necessary. (4) Reports and regulations \nThe Administrator shall— (A) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue, as necessary, an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1); and (C) not later than 3 years after the date of enactment of this section, issue, as necessary, a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1). (e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Commercial air tour \nThe term commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing. (3) Commercial air tour operator \nThe term commercial air tour operator means any person who conducts a commercial air tour. (4) Parachute operation \nThe term parachute operation has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).", "id": "id56ec922d-0d69-410f-bc17-86532c573b34", "header": "Air tour and sport parachuting safety", "nested": [ { "text": "(a) Safety management system requirements for certain operators \nNot later than 24 months after the date of enactment of this section, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations.", "id": "id97384582-a78d-4533-8781-5815341eef74", "header": "Safety management system requirements for certain operators", "nested": [], "links": [] }, { "text": "(b) Other safety requirements for commercial operators \n(1) Safety reforms \n(A) Authority to conduct nonstop commercial air tours \n(i) In general \nSubject to clauses (ii) and (iii), beginning on the date that is 3 years after the date of enactment of this section, no person may conduct commercial air tours unless that person— (I) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations; and (II) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations. (ii) Small business exception \nThe provisions of clause (i) shall not apply to a person who conducts 50 or fewer commercial air tours in a year. (iii) Temporary exception \nNotwithstanding the requirements of clause (i), for a period of 5 years after the date described in clause (i), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person— (I) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and (II) has not been issued such part 119 certificate or received a denial of the application submitted under subclause (I). (iv) Reporting required \nBeginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under clause (ii) or (iii)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months. (v) Other terms \nThe Administrator shall— (I) revise title 14, Code of Federal Regulations, to include definitions for the terms aerial work and aerial photography that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and (II) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions. (B) Additional safety requirements \nNot later than 3 years after the date of enactment of this section, the Administrator shall issue new or revised regulations that shall require each commercial air tour operator to ensure that the doors of the airplane or helicopter, rotorcraft, or other aircraft used for such tour remain closed during the period of the tour in which the airplane or helicopter is moving on the surface or is airborne and provide an exception for a parachuting flight and operations under section 119.1(e)(4) of title 14, Code of Federal Regulations, and incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low visibility environments with special attention paid to research available as of the date of enactment of this section on human factors issues involved in such accidents, including but not limited to— (i) specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents; (ii) pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules; (iii) use of terrain awareness displays; (iv) spatial disorientation risk factors and countermeasures; and (v) strategies for maintaining control, including the use of automated systems. (2) Aviation rulemaking committee \n(A) In general \nThe Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (i) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues; (ii) requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods); (iii) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program; (iv) establishing methods to provide effective terrain awareness and warning; and (v) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that— (I) includes both visual and aural alerts; (II) is driven by an algorithm designed to eliminate nuisance alerts; and (III) is operational during all flight operations. (B) Membership \nThe aviation rulemaking committee shall consist of members appointed by the Administrator, including— (i) representatives of industry, including manufacturers of aircraft and aircraft technologies; (ii) representatives of aviation operator organizations; and (iii) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations. (C) Duties \n(i) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (v) of subparagraph (A). (ii) Considerations \nIn carrying out its duties under clause (i), the Administrator shall direct the aviation rulemaking committee to consider— (I) recommendations of the National Transportation Safety Board; (II) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements on part 135 commercial operators; (III) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST); (IV) scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends; (V) appropriate use of data for modifying behavior to prevent accidents; (VI) the need to accommodate technological advancements in flight data recording technology; (VII) data gathered from aviation safety reporting programs; (VIII) appropriate methods to provide effective terrain awareness and warning system (TAWS) protections while mitigating nuisance alerts for aircraft; (IX) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; (X) the need to accommodate diversity of operations and mission sets; (XI) benefits of third-party data analysis for large and small operations; (XII) accommodations necessary for small businesses; and (XIII) other issues as necessary. (D) Reports and regulations \nThe Administrator shall— (i) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (ii) not later than 12 months after the date of submission of the report under clause (i), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in clauses (i) through (v) of subparagraph (A); and (iii) not later than 3 years after the date of enactment of this section, issue a final rule with respect to each of the matters specified in such clauses of subparagraph (A).", "id": "idc741f91b-bacf-4b66-a04d-75618bc3aaa5", "header": "Other safety requirements for commercial operators", "nested": [], "links": [] }, { "text": "(c) Expedited process for obtaining operating certificates \n(1) In general \nThe Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations. (2) Considerations \nIn carrying out paragraph (1), beginning on the date that is 18 months after the date of enactment of this section, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with subsection (b)(1)(A). (3) Report required \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing— (A) how the procedures implemented under paragraph (1) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title; (B) how considerations under paragraph (2) will be incorporated into procedures implemented under paragraph (1); and (C) any additional resources required to implement procedures under paragraph (1). (4) Additional reports required \nNot later than 3 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit a report to the appropriate committees of Congress that— (A) includes— (i) data on certification approvals and denials; and (ii) data on duration of key phases of the certification process; and (B) identifies certification policies in need of reform or repeal.", "id": "id74596e56-75db-4718-ae6c-5d953509d93b", "header": "Expedited process for obtaining operating certificates", "nested": [], "links": [] }, { "text": "(d) Safety requirements for sport parachute operations \n(1) Aviation rulemaking committee \nThe Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform— (A) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address— (i) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits; (ii) initial and annual recurrent pilot proficiency checking programs for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and (iii) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft; (B) the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and (C) the revision of guidance materials issued in Order 8900.1 entitled Flight Standards Information Management System , to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations. (2) Membership \nThe aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including— (A) representatives of industry, including manufacturers of aircraft and aircraft technologies; (B) representatives of parachute operator organizations; and (C) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. (3) Duties \n(A) In general \nThe Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1). (B) Considerations \nIn carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider— (i) findings and recommendations of the National Transportation Safety Board generally, as relevant, and specifically those related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; (ii) recommendations of previous aviation rulemaking committees that considered similar issues; (iii) recommendations from industry safety organizations, including, but not limited to, the United States Parachute Association; (iv) appropriate use of data for modifying behavior to prevent accidents; (v) data gathered from aviation safety reporting programs; (vi) the need to accommodate diversity of operations and mission sets; (vii) accommodations necessary for small businesses; and (viii) other issues as necessary. (4) Reports and regulations \nThe Administrator shall— (A) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee; (B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue, as necessary, an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1); and (C) not later than 3 years after the date of enactment of this section, issue, as necessary, a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1).", "id": "id605a4c06-5ca9-41ac-89f9-7ff635716abe", "header": "Safety requirements for sport parachute operations", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Commercial air tour \nThe term commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing. (3) Commercial air tour operator \nThe term commercial air tour operator means any person who conducts a commercial air tour. (4) Parachute operation \nThe term parachute operation has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).", "id": "id23524d35-1d1b-4d92-930d-f1ca37e716b6", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "316. International aviation safety assessment program \nSection 44701 of title 49, United States Code, is amended by adding at the end the following: (g) Aviation safety oversight measures carried out by foreign countries \n(1) Assessment \n(A) In general \nAt intervals the Administrator considers necessary in the interests of safety, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess the effectiveness of the aviation safety oversight measures carried out by a foreign country— (i) from which a foreign air carrier serves the United States; (ii) from which a foreign air carrier seeks to serve the United States; (iii) whose air carriers code-share with a United States air carrier; or (iv) as the Administrator considers appropriate. (B) Requirements \nIn conducting an assessment under subparagraph (A), the Administrator shall— (i) consult with the appropriate authorities of the government of the foreign country concerned; (ii) determine the extent to which such country effectively maintains and carries out its aviation safety oversight measures pursuant to the Convention on International Civil Aviation (in this section referred to as the Chicago Convention ); and (iii) use a standard that will result in an analysis of the aviation safety oversight measures carried out by such country based on the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment. (C) Non-compliance findings \n(i) In general \nWhen the assessment required by this subsection identifies areas of non-compliance to the safety oversight measures in the Chicago Convention, the Administrator shall conduct final discussions with the foreign country within 90 days of the assessment to determine whether the non-compliance findings have been corrected and the foreign country is now in compliance with the applicable international standards for effective aviation safety oversight. (ii) Correction \nIf the Administrator determines that the foreign country has corrected the identified area of non-compliance by the close of final discussions, the Federal Aviation Administration will issue or continue to issue operations specifications to the foreign operator to enable the United States air service or to the United States operator if the foreign operator is to carry its airline code. (iii) Non-correction \nIf the Administrator determines that the foreign country has not has corrected the identified area of non-compliance by the close of final discussions— (I) immediate notification will be made to the Secretary of Transportation and the Secretary of State that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country; and (II) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of the foreign country concerned and notification to the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that provides foreign air transportation. (D) Authority \nNotwithstanding subparagraphs (B) and (C), the Administrator retains the ability to initiate immediate safety oversight action when justified based on available safety information. (2) Notification \nAt the conclusion of the international aviation safety assessment process, the Administrator, after advising the Secretary of Transportation and the Secretary of State, shall inform the foreign country of the determination regarding its compliance to ICAO standards. The determination shall— (A) for foreign countries determined to be compliant with ICAO standards, state that no further action is needed; and (B) for foreign countries determined to be non-compliant with ICAO standards, recommend the actions necessary to bring the aviation safety oversight measures carried out by that country into compliance with the international standards contained in the Chicago Convention, as used by the Federal Aviation Administration in making the assessment. (3) Failure to maintain and carry out standards \n(A) In general \nSubject to subparagraph (B), if the Administrator determines that a foreign country does not maintain and carry out effective aviation safety oversight measures, the Administrator shall— (i) notify the appropriate authorities of the government of the foreign country consistent with paragraph (2); (ii) publish the identity of the foreign country on the Federal Aviation Administration website, in the Federal Register, and through other mediums to provide notice to the public; (iii) transmit the identity of the foreign country to the Secretary of State to inform the relevant travel advisories; and (iv) provide the identity of the foreign country and any critical safety information resulting from the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (B) Immediate exercise of authority \n(i) In general \nThe Administrator may immediately exercise authority under subparagraph (A) if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country. (ii) Notification to the Secretary of State \nThe Administrator shall immediately notify the Secretary of State of a determination under clause (i) so that the Secretary of State may issue a travel advisory with respect to the foreign country. (4) Accuracy of the IASA list \nTo meet the need for the public to have timely and accurate information about the aviation safety oversight of foreign countries, the Administrator shall regularly review the activity of foreign air carriers serving the United States and carrying the code of a United States air carrier. Countries with no such operations for an extended period of time, as determined by the Administrator, will be removed from the public listings for inactivity, after advisement from the Secretary of Transportation and the Secretary of State. (5) Training \nThe Federal Aviation Administration shall use data, tools, and methods in order to ensure transparency and repeatable results of the assessments conducted under this subsection. The Federal Aviation Administration shall ensure that Federal Aviation Administration personnel are properly and adequately trained to carry out the assessments set forth in this subsection, including with respect to ICAO standards and their implementation by foreign countries. (6) Report to Congress \nNot later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the assessments conducted under this subsection, including the results of any corrective action period..", "id": "id4ee56804-28c8-4cef-9c80-d68d416c7e20", "header": "International aviation safety assessment program", "nested": [], "links": [] }, { "text": "317. Changed product rule reform \n(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives: (1) For any significant design change, as determined by the Administrator, to require that any exception from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception. (2) To ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14, Code of Federal Regulations, as in effect on the date of application for the change. (b) Congressional briefing \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the FAA's implementation of the recommendations of the Changed Product Rule International Authorities Working Group, established under section 117 of the Aircraft Certification, Safety, and Accountability Act ( 49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.", "id": "id18fe30cb-5742-463b-81b8-34b48c190ddc", "header": "Changed product rule reform", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives: (1) For any significant design change, as determined by the Administrator, to require that any exception from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception. (2) To ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14, Code of Federal Regulations, as in effect on the date of application for the change.", "id": "id446c02dd-c1d7-4e4f-9e69-0b1207bda0f5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Congressional briefing \nNot later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the FAA's implementation of the recommendations of the Changed Product Rule International Authorities Working Group, established under section 117 of the Aircraft Certification, Safety, and Accountability Act ( 49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.", "id": "id46a5960c-516b-4bbc-bb0b-0e452c1ff9a2", "header": "Congressional briefing", "nested": [], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] } ], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] }, { "text": "318. Development of low-cost voluntary ADS-B \n(a) In general \nNot later than 24 months after the date of enactment of this section, the Administrator, working with representatives from industry groups, including pilots, aircraft owners, avionics manufacturers, and any others deemed necessary to offer technical expertise, shall develop a report regarding the development of a suitable position reporting system for voluntary use in airspace not mandated for Automatic Dependent Surveillance-Broadcast Out equipment and use (in this section referred to as ADS–B Out ) by section 91.225 of title 14, Code of Federal Regulations, to facilitate traffic awareness. (b) Requirements \nThe report developed under subsection (a) shall— (1) research and catalog equipment, standards, and systems (including international) relating to ADS-B Out available as of the date on which the report is submitted under subsection (c); (2) address strengths and weaknesses of such equipment, standards, and systems, including with respect to costs; (3) outline potential regulatory and procedural changes that may need to be undertaken by the FAA and other government entities, as well as equipment, standards, and systems that may need to be developed and required, to enable the development and voluntary use of equipment (existing or new) that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; (4) determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; and (5) include a communication strategy that is targeted towards potential users and promotes the benefits of the position reporting solutions to enhance traffic awareness for voluntary use in airspace not mandated for ADS-B Out, when such technology is available for commercial use. (c) Report to congress \nNot later than 30 day after the date on which the report developed under subsection (a) is finalized, the Administrator shall submit the report to the appropriate committees of Congress.", "id": "idf27a3f01-83b2-4075-b998-37dd20ab8622", "header": "Development of low-cost voluntary ADS-B", "nested": [ { "text": "(a) In general \nNot later than 24 months after the date of enactment of this section, the Administrator, working with representatives from industry groups, including pilots, aircraft owners, avionics manufacturers, and any others deemed necessary to offer technical expertise, shall develop a report regarding the development of a suitable position reporting system for voluntary use in airspace not mandated for Automatic Dependent Surveillance-Broadcast Out equipment and use (in this section referred to as ADS–B Out ) by section 91.225 of title 14, Code of Federal Regulations, to facilitate traffic awareness.", "id": "idea39279c-ad1d-4c07-b0d0-0a0297a969c5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe report developed under subsection (a) shall— (1) research and catalog equipment, standards, and systems (including international) relating to ADS-B Out available as of the date on which the report is submitted under subsection (c); (2) address strengths and weaknesses of such equipment, standards, and systems, including with respect to costs; (3) outline potential regulatory and procedural changes that may need to be undertaken by the FAA and other government entities, as well as equipment, standards, and systems that may need to be developed and required, to enable the development and voluntary use of equipment (existing or new) that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; (4) determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; and (5) include a communication strategy that is targeted towards potential users and promotes the benefits of the position reporting solutions to enhance traffic awareness for voluntary use in airspace not mandated for ADS-B Out, when such technology is available for commercial use.", "id": "id9d42fe8d-c7cc-482d-8f82-0dae1dd62c20", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Report to congress \nNot later than 30 day after the date on which the report developed under subsection (a) is finalized, the Administrator shall submit the report to the appropriate committees of Congress.", "id": "id83da69bd-1dad-48f4-a7aa-3cc65b5f9267", "header": "Report to congress", "nested": [], "links": [] } ], "links": [] }, { "text": "319. Public aircraft flight time logging eligibility \n(a) Forestry and fire protection flight time logging \n(1) In general \nNotwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency. (2) Retroactive application \nParagraph (1) shall be applied as if enacted on October 8, 2018. (b) Regulations \nNot later than 180 days after the date of enactment of this section, the Administrator shall make such regulatory changes as are necessary as a result of the enactment of subsection (a).", "id": "id1c68f7f4-560f-4945-947c-c5bffdb00109", "header": "Public aircraft flight time logging eligibility", "nested": [ { "text": "(a) Forestry and fire protection flight time logging \n(1) In general \nNotwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency. (2) Retroactive application \nParagraph (1) shall be applied as if enacted on October 8, 2018.", "id": "id1cd52255-80eb-4ef4-8ebc-e22c4d70a460", "header": "Forestry and fire protection flight time logging", "nested": [], "links": [] }, { "text": "(b) Regulations \nNot later than 180 days after the date of enactment of this section, the Administrator shall make such regulatory changes as are necessary as a result of the enactment of subsection (a).", "id": "ida2c384f3-a10b-4528-9bf2-4e39a516c50a", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "320. Safety management systems \n(a) Finding \nCongress finds that on January 11, 2023, the FAA released a notice of proposed rulemaking to update and expand the requirements for safety management systems. (b) Scale of program requirements \nAs the FAA reviews comments to the notice of proposed rulemaking described in subsection (a) and drafts the final rule, the Administrator shall ensure that safety management systems program requirements can be appropriately scaled to the size and complexity of each operator.", "id": "idd0ce61a9-c383-461c-8653-fa53265468ad", "header": "Safety management systems", "nested": [ { "text": "(a) Finding \nCongress finds that on January 11, 2023, the FAA released a notice of proposed rulemaking to update and expand the requirements for safety management systems.", "id": "id8b79f065-eca0-4946-8fc4-22d88910b1a9", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Scale of program requirements \nAs the FAA reviews comments to the notice of proposed rulemaking described in subsection (a) and drafts the final rule, the Administrator shall ensure that safety management systems program requirements can be appropriately scaled to the size and complexity of each operator.", "id": "id15033f31-b867-4cc3-a3bf-81c07a21fd18", "header": "Scale of program requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "321. Aviation safety information analysis and sharing program \nNot later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the FAA's progress with respect to the Aviation Safety Information Analysis and Sharing (ASIAS) program that— (1) describes the phased approach the FAA is following to construct the ASIAS system; (2) describes the efforts of the FAA to secure increased safety data from— (A) commercial air carriers; (B) general aviation operators; (C) helicopter operators; (D) unmanned aircraft system operators; and (E) other aircraft operators; and (3) provides a summary of the efforts of the FAA to address gaps in safety data provided from any of the classes of operators described in paragraph (2).", "id": "id591c2458-38cc-4bb4-a069-af93a29b4541", "header": "Aviation safety information analysis and sharing program", "nested": [], "links": [] }, { "text": "322. Consistent and timely pilot checks for air carriers \n(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, subject to subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing, evaluating, and making recommendations on check pilot functions for air carriers operating under part 135 of title 14, Code of Federal Regulations. (b) Membership \n(1) In general \nThe working group required by this section shall include— (A) employees of the FAA who serve as check pilots (as described in section 91.1089 of title 14, Code of Federal Regulations); (B) representatives of air carriers operating under such part 135; and (C) industry associations representing such air carriers. (2) Existing working group \nThe Administrator may assign the duties of the working group described in subsection (c) to an existing FAA working group if— (A) the membership of the existing working group includes the members required under paragraph (1); or (B) the members required under paragraph (1) are added to the membership of the existing working group. (c) Duties \nThe working group shall review, evaluate, and make recommendations on the following: (1) Methods for approving check pilots for air carriers operating under such part 135. (2) Actions required to ensure such air carriers are authorized an adequate number of check pilots to enable timely occurrence of pilot checks. (3) Differences in qualification standards applied to— (A) employees of the FAA who serve as check pilots; and (B) check pilots of an authorized air carrier. (4) Methods to standardize the qualification standards for check pilots, including check pilots who are employees of the FAA or of an authorized air carrier. (5) Methods to improve the training and qualification of check pilots. (6) Prior recommendations made by FAA advisory committees or working groups regarding check pilot functions. (7) Petitions for rulemaking submitted to the FAA regarding check pilot functions. (d) Briefing to Congress \nNot later than 1 year after the date on which the Administrator establishes the working group under subsection (a) (or tasks an existing FAA working group under subsection (b)(2) with the duties described in subsection (c)), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group, as well as the Administrator's efforts to implement such recommendations.", "id": "id9e017724-0e1f-4f74-b1d9-80676de7b8cd", "header": "Consistent and timely pilot checks for air carriers", "nested": [ { "text": "(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, subject to subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing, evaluating, and making recommendations on check pilot functions for air carriers operating under part 135 of title 14, Code of Federal Regulations.", "id": "id9a573036-a60d-4cbd-945d-2b4c5399115b", "header": "Establishment of working group", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) In general \nThe working group required by this section shall include— (A) employees of the FAA who serve as check pilots (as described in section 91.1089 of title 14, Code of Federal Regulations); (B) representatives of air carriers operating under such part 135; and (C) industry associations representing such air carriers. (2) Existing working group \nThe Administrator may assign the duties of the working group described in subsection (c) to an existing FAA working group if— (A) the membership of the existing working group includes the members required under paragraph (1); or (B) the members required under paragraph (1) are added to the membership of the existing working group.", "id": "id86a95cba-4a2e-4a5a-a3e3-4348038e6c01", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe working group shall review, evaluate, and make recommendations on the following: (1) Methods for approving check pilots for air carriers operating under such part 135. (2) Actions required to ensure such air carriers are authorized an adequate number of check pilots to enable timely occurrence of pilot checks. (3) Differences in qualification standards applied to— (A) employees of the FAA who serve as check pilots; and (B) check pilots of an authorized air carrier. (4) Methods to standardize the qualification standards for check pilots, including check pilots who are employees of the FAA or of an authorized air carrier. (5) Methods to improve the training and qualification of check pilots. (6) Prior recommendations made by FAA advisory committees or working groups regarding check pilot functions. (7) Petitions for rulemaking submitted to the FAA regarding check pilot functions.", "id": "idb345b11f-02ea-4455-b934-bd12ea68dc5a", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Briefing to Congress \nNot later than 1 year after the date on which the Administrator establishes the working group under subsection (a) (or tasks an existing FAA working group under subsection (b)(2) with the duties described in subsection (c)), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group, as well as the Administrator's efforts to implement such recommendations.", "id": "idfcb8e25d-2f8f-4d32-a4ff-934591941b26", "header": "Briefing to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations \n(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish a Part 135 Aircraft Conformity Working Group (in this section referred to as the Working Group ). The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing part 135 air carriers and operators in a timely manner and entering those aircraft into service. (b) Membership \nThe Working Group shall be comprised of representatives of the FAA, existing part 135 air carriers and operators, and associations or trade groups representing such class of air carriers or operators. (c) Duties \nThe Working Group shall consider all aspects of the current FAA processes for ensuring aircraft conformity and make recommendations to enhance those processes, including with respect to— (1) methodologies for air carriers and operators to document and attest to aircraft conformity in accordance with the requirements of part 135; (2) streamlined protocols for part 135 operators to add an aircraft that was listed on another part 135 certificate immediately prior to moving to the new air carrier; and (3) changes to FAA policy and documentation necessary to implement the recommendations of the Working Group. (d) Congressional briefing \nNot later than 1 year after the date on which the Administrator establishes the Working Group, the Administrator shall brief the appropriate committees of Congress on the progress made by the Working Group in carrying out the duties specified in subsection (c), recommendations of the Working Group, and the Administrator's efforts to implement such recommendations. (e) Definition of part 135 \nIn this section the term part 135 means part 135 of title 14, Code of Federal Regulations.", "id": "id6a939a4c-1eeb-4492-b623-48e6069471de", "header": "Enhancing processes for authorizing aircraft for service in commuter and on demand operations", "nested": [ { "text": "(a) Establishment of working group \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish a Part 135 Aircraft Conformity Working Group (in this section referred to as the Working Group ). The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing part 135 air carriers and operators in a timely manner and entering those aircraft into service.", "id": "ida2f042cf-d591-42cc-b375-a13a001e8b0c", "header": "Establishment of working group", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Working Group shall be comprised of representatives of the FAA, existing part 135 air carriers and operators, and associations or trade groups representing such class of air carriers or operators.", "id": "id2aa52dba-4264-48fc-904e-166cbcc9e4cb", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Working Group shall consider all aspects of the current FAA processes for ensuring aircraft conformity and make recommendations to enhance those processes, including with respect to— (1) methodologies for air carriers and operators to document and attest to aircraft conformity in accordance with the requirements of part 135; (2) streamlined protocols for part 135 operators to add an aircraft that was listed on another part 135 certificate immediately prior to moving to the new air carrier; and (3) changes to FAA policy and documentation necessary to implement the recommendations of the Working Group.", "id": "idfdcd5c8a-bc08-48a5-95e4-5f559e7c2525", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Congressional briefing \nNot later than 1 year after the date on which the Administrator establishes the Working Group, the Administrator shall brief the appropriate committees of Congress on the progress made by the Working Group in carrying out the duties specified in subsection (c), recommendations of the Working Group, and the Administrator's efforts to implement such recommendations.", "id": "id2b5aacca-2625-4759-90c9-30eae920f762", "header": "Congressional briefing", "nested": [], "links": [] }, { "text": "(e) Definition of part 135 \nIn this section the term part 135 means part 135 of title 14, Code of Federal Regulations.", "id": "id340e69d1-8efd-4ad7-8aae-be1702c7fdc7", "header": "Definition of part 135", "nested": [], "links": [] } ], "links": [] }, { "text": "324. Tower marking compliance \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on implementation of the requirements of section 2110 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) (as amended by section 576 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 , 132 Stat. 3391)). (b) Requirements \nThe briefing required by subsection (a) shall include the following: (1) A description of, and timeframe for, the Administrator’s development of requirements to file notice of construction of meteorological evaluation towers and other renewable energy projects under the notice of proposed rulemaking RIN 2120-AK77. (2) A description of the FAA’s use of existing publicly accessible databases to collect and make available information about certain structures that are required to, or voluntarily, file notice with the FAA. (3) For the period beginning on July 15, 2016, and ending on the date the briefing required by subsection (a) is provided, a list of aircraft accidents during such period that are associated with covered towers (as such term is defined in section 2110(b)(1)(A) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) that are not marked in accordance with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL).", "id": "id4f368f2a-8828-4d6f-94e7-2f67fc92228c", "header": "Tower marking compliance", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on implementation of the requirements of section 2110 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) (as amended by section 576 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 , 132 Stat. 3391)).", "id": "idd13b2558-7c78-4b40-8085-33ebfa9a023a", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "(b) Requirements \nThe briefing required by subsection (a) shall include the following: (1) A description of, and timeframe for, the Administrator’s development of requirements to file notice of construction of meteorological evaluation towers and other renewable energy projects under the notice of proposed rulemaking RIN 2120-AK77. (2) A description of the FAA’s use of existing publicly accessible databases to collect and make available information about certain structures that are required to, or voluntarily, file notice with the FAA. (3) For the period beginning on July 15, 2016, and ending on the date the briefing required by subsection (a) is provided, a list of aircraft accidents during such period that are associated with covered towers (as such term is defined in section 2110(b)(1)(A) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44718 note) that are not marked in accordance with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL).", "id": "idbc61d685-31b6-4815-ba85-bc7f54413d37", "header": "Requirements", "nested": [], "links": [ { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" } ] } ], "links": [ { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "49 U.S.C. 44718", "legal-doc": "usc", "parsable-cite": "usc/49/44718" } ] }, { "text": "325. Administrative authority for civil penalties \nSection 46301(d) of title 49, United States Code, is amended— (1) in paragraph (4), by striking subparagraph (A) and inserting the following: (A) the amount in controversy is more than— (i) $400,000 if the violation was committed by any person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024 ; (ii) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024 ; (iii) $10,000,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024 ; (iv) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024 ; or (v) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024 ; ; (2) by striking paragraph (8) and inserting the following: (8) The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is— (A) $400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024 ; (B) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024 ; (C) $10,000,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024 ; (D) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024 ; or (E) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024. ; and (3) by adding at the end the following: (10) The maximum amounts authorized in clauses (iii) through (v) of paragraph (4)(A) and in subparagraphs (C) through (E) of paragraph (8) of this subsection shall be adjusted for inflation no less frequently than every 5 years..", "id": "ida69a60bc-ca18-4cee-85d2-e623f419037e", "header": "Administrative authority for civil penalties", "nested": [], "links": [] }, { "text": "326. Civil penalties for whistleblower protection program violations \nSection 46301(d)(2) of title 49, United States Code, is amended by inserting subchapter III of chapter 421, before chapter 441.", "id": "idbd2107e0-abdb-48be-b24e-b67de3844685", "header": "Civil penalties for whistleblower protection program violations", "nested": [], "links": [] }, { "text": "327. Flight service stations \n(a) Repeal \nSection 44514 of title 49, United States Code, and the item relating to that section in the analysis for chapter 445 of such title 49 are repealed. (b) Conforming amendment \nSection 106(g)(1)(D) of title 49, United States Code, is amended by striking 44514,.", "id": "idd96fdacf-e795-4897-a94e-d9377a778677", "header": "Flight service stations", "nested": [ { "text": "(a) Repeal \nSection 44514 of title 49, United States Code, and the item relating to that section in the analysis for chapter 445 of such title 49 are repealed.", "id": "id3584f79d-793b-4ac8-9157-423e26e6659b", "header": "Repeal", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 106(g)(1)(D) of title 49, United States Code, is amended by striking 44514,.", "id": "id1f108f43-2d8e-4806-885a-199c62d07442", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "328. Technical assistance agreements \nSection 40104(b) of title 49, United States Code, is amended by adding at the end the following new paragraphs: (3) State-to-State agreements \nThe Administrator shall promote efficient delivery of bilateral and multilateral engagement and technical assistance by waiving the requirement for State-to-State agreements for the provision of technical assistance and training if the Administrator determines that— (A) a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and (B) the engagement is to provide inherently governmental technical assistance and training. (4) Definition \nIn this subsection, the term inherently governmental technical assistance and training means technical assistance and training that— (A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters; (B) must be accomplished using agency expertise and authority; and (C) relates to— (i) international aviation safety assessment technical reviews and technical assistance; (ii) aerodrome safety and certification; (iii) aviation system certification activities based on Federal Aviation Administration regulations and requirements; (iv) cybersecurity efforts to protect United States aviation ecosystem components and facilities; (v) operation and maintenance of air navigation system equipment, procedures, and personnel; or (vi) related training and exercises in support of aviation safety, efficiency, and security..", "id": "id7d5e4b85-8c6d-4cf1-9db5-57c7844acb9c", "header": "Technical assistance agreements", "nested": [], "links": [] }, { "text": "329. Restoration of authority \n(a) In general \nChapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following: 40119. Security and research and development activities \n(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure safety, security, and efficiency. (b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of the Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (c) Transfer of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government.. (b) Effective date \nThe amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if it had never been repealed by the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3186). (c) Conforming amendments \n(1) Chapter 401 analysis \nThe analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following: 40119. Security and research and development activities.. (2) Other amendments \nSection 44912(d)(2)(A)(iii) of title 49, United States Code, is amended by striking safety and inserting security.", "id": "idfaeae4de-7465-4741-92c7-f461a88f3a31", "header": "Restoration of authority", "nested": [ { "text": "(a) In general \nChapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following: 40119. Security and research and development activities \n(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure safety, security, and efficiency. (b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of the Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (c) Transfer of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government..", "id": "id3217c21f-4405-4cfc-9edd-7c901c7ff684", "header": "In general", "nested": [], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if it had never been repealed by the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3186).", "id": "idedcd8a7e-f034-4f2f-bc03-e26b310e704e", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "(c) Conforming amendments \n(1) Chapter 401 analysis \nThe analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following: 40119. Security and research and development activities.. (2) Other amendments \nSection 44912(d)(2)(A)(iii) of title 49, United States Code, is amended by striking safety and inserting security.", "id": "id56440eb2-47bd-4683-83c5-847d8a11e523", "header": "Conforming amendments", "nested": [], "links": [ { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" } ] } ], "links": [ { "text": "Chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "chapter 401", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/401" }, { "text": "section 40118", "legal-doc": "usc", "parsable-cite": "usc/49/40118" } ] }, { "text": "40119. Security and research and development activities \n(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure safety, security, and efficiency. (b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of the Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. (c) Transfer of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government.", "id": "id30f3bdc1-3f6d-4109-b282-4200a2ac3c0e", "header": "Security and research and development activities", "nested": [ { "text": "(a) General requirements \nThe Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure safety, security, and efficiency.", "id": "ided847b12-4bbc-4fe0-b216-28ac5140b047", "header": "General requirements", "nested": [], "links": [] }, { "text": "(b) Disclosure \n(1) Regulations prohibiting disclosure \nNotwithstanding the establishment of the Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would— (A) be an unwarranted invasion of personal privacy; (B) reveal a trade secret or privileged or confidential commercial or financial information; or (C) be detrimental to transportation safety. (2) Disclosure to Congress \nParagraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. (3) Sensitive security information \nNothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— (A) to conceal a violation of law, inefficiency, or administrative error; (B) to prevent embarrassment to a person, organization, or agency; (C) to restrain competition; or (D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. (4) Law enforcement disclosure \nSection 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.", "id": "idfbe0b267-523f-49e3-b9d6-357c78ff6315", "header": "Disclosure", "nested": [], "links": [] }, { "text": "(c) Transfer of duties and powers prohibited \nExcept as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government.", "id": "id55227d5b-2cd8-4570-826e-134f6c2b94b9", "header": "Transfer of duties and powers prohibited", "nested": [], "links": [] } ], "links": [] }, { "text": "330. Tarmac operations monitoring study \n(a) In general \nThe Director of the Bureau of Transportation Statistics (referred to in this section as the Director ), in consultation with other offices within the Office of the Secretary of Transportation and the FAA, shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports in the United States. (b) Objectives \nThe objectives of the study conducted under subsection (a) shall include: (1) Determining the current state of ground source data coverage at airports in the United States. (2) Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies. (3) Conducting data collection through a pilot program and developing ground-based tarmac delay statistics. (4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions. (c) Pilot program \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Director shall establish a pilot program for the purposes of collecting data and developing ground-based tarmac delay statistics or other relevant statistics with respect to airports in the United States. (2) Requirements \nThe pilot program established under paragraph (1) shall— (A) include up to 6 airports that the Director determines reflect a diversity of factors, including geography, size, and air traffic; (B) terminate not more than 3 years after the date of enactment of this section; and (C) be subject to any guidelines issued by the Director. (d) Report \nNot later than 4 years after the date of enactment of this section, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.", "id": "ida04409b7-7346-4009-8a3e-540fe3ee823b", "header": "Tarmac operations monitoring study", "nested": [ { "text": "(a) In general \nThe Director of the Bureau of Transportation Statistics (referred to in this section as the Director ), in consultation with other offices within the Office of the Secretary of Transportation and the FAA, shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports in the United States.", "id": "idf832b29b-e907-4453-b6e1-66f89e5d2a64", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Objectives \nThe objectives of the study conducted under subsection (a) shall include: (1) Determining the current state of ground source data coverage at airports in the United States. (2) Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies. (3) Conducting data collection through a pilot program and developing ground-based tarmac delay statistics. (4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.", "id": "idf1a2ba33-ddb9-452f-800c-2a83f2d706d5", "header": "Objectives", "nested": [], "links": [] }, { "text": "(c) Pilot program \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Director shall establish a pilot program for the purposes of collecting data and developing ground-based tarmac delay statistics or other relevant statistics with respect to airports in the United States. (2) Requirements \nThe pilot program established under paragraph (1) shall— (A) include up to 6 airports that the Director determines reflect a diversity of factors, including geography, size, and air traffic; (B) terminate not more than 3 years after the date of enactment of this section; and (C) be subject to any guidelines issued by the Director.", "id": "idcabdc748-b1b0-4181-8601-b91b7be146d0", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 4 years after the date of enactment of this section, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.", "id": "id7c3358f1-1815-480a-b393-21336c6ceab1", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "331. GAO report on cybersecurity of commercial aviation avionics \n(a) In general \nThe Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy. (b) Contents of the review \nThe review required by subsection (a) shall assess— (1) how onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery ; (2) how onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note); (3) how roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA; (4) how aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem; and (5) the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities. (c) Report required \nNot later than 1 year after the date of the enactment of this section, the Comptroller General shall submit a report containing the results of the review required by this section to— (1) the appropriate committees of Congress; (2) the Committee on Homeland Security of the House of Representatives; and (3) the Committee on Homeland Security and Government Affairs of the Senate.", "id": "idfb8a8d89-a5a2-4075-8cb7-a89a527d1870", "header": "GAO report on cybersecurity of commercial aviation avionics", "nested": [ { "text": "(a) In general \nThe Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy.", "id": "id8df2538c-2c75-4343-a8c2-5cbbafdb2a0f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents of the review \nThe review required by subsection (a) shall assess— (1) how onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery ; (2) how onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note); (3) how roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA; (4) how aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem; and (5) the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.", "id": "id7bf575eb-e30e-48aa-af86-bba317559e3f", "header": "Contents of the review", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "(c) Report required \nNot later than 1 year after the date of the enactment of this section, the Comptroller General shall submit a report containing the results of the review required by this section to— (1) the appropriate committees of Congress; (2) the Committee on Homeland Security of the House of Representatives; and (3) the Committee on Homeland Security and Government Affairs of the Senate.", "id": "id90af8b2e-4aa2-4ece-b59c-8f20f901742e", "header": "Report required", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "332. Securing aircraft avionics systems \nSection 506(a) of the FAA Reauthorization Act of 2018 ( 42 U.S.C. 44704 note) is amended— (1) in the matter preceding paragraph (1), by striking consider, where appropriate, revising and inserting revise, where appropriate, existing ; (2) in paragraph (1), by striking and after the semicolon; (3) in paragraph (2), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (3) to require that software-based systems and equipment, including aircraft flight critical systems, be verified to ensure the software-based systems and equipment have not been compromised by unauthorized external and internal access..", "id": "id86646374-8ef5-4bd3-9026-6f7180429736", "header": "Securing aircraft avionics systems", "nested": [], "links": [ { "text": "42 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/42/44704" } ] }, { "text": "333. Maintenance data availability \n(a) In general \nThe Administrator shall assign to the Aviation Rulemaking Advisory Committee the task of— (1) performing a comprehensive review of previous and current FAA regulations and related internal and external guidance material related to instructions for continued airworthiness (in this section referred to as ICA ); and (2) developing and submitting to the Administrator recommendations for guidance or regulatory changes to— (A) clarify the obligations of design approval holders to develop and make ICA available; (B) create methods to identify and provide access to ICA; and (C) create mechanisms to accept complaints, resolve disputes, and enforce obligations. (b) Report to Congress \nNot later than 1 year after receiving the recommendations under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that describes such recommendations and the Administrator's plan, if any, to implement such recommendations.", "id": "id56fd6db3-cc06-43a3-9d64-407669f15071", "header": "Maintenance data availability", "nested": [ { "text": "(a) In general \nThe Administrator shall assign to the Aviation Rulemaking Advisory Committee the task of— (1) performing a comprehensive review of previous and current FAA regulations and related internal and external guidance material related to instructions for continued airworthiness (in this section referred to as ICA ); and (2) developing and submitting to the Administrator recommendations for guidance or regulatory changes to— (A) clarify the obligations of design approval holders to develop and make ICA available; (B) create methods to identify and provide access to ICA; and (C) create mechanisms to accept complaints, resolve disputes, and enforce obligations.", "id": "ide8c74451-d715-45be-8286-20e87afc23f6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report to Congress \nNot later than 1 year after receiving the recommendations under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that describes such recommendations and the Administrator's plan, if any, to implement such recommendations.", "id": "id92ea0e02-d868-44d6-9b4b-8a2eeebac08d", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "334. Study on airworthiness standards compliance \n(a) Study \nThe Administrator shall conduct a study on the safety consequences of a transport airplane design approved by a domestic or foreign aviation manufacturer failing to comply with the applicable airworthiness standards. The study shall identify— (1) each final airworthiness directive applicable to transport airplanes that was issued by the FAA in the 2-year period prior to the date of enactment of this section to address unsafe conditions resulting from the approval of designs that were non-compliant with an applicable airworthiness standard; and (2) for each such airworthiness directive— (A) the airworthiness standard with which the affected products failed to comply, as well as the resulting unsafe condition and whether such condition resulted in an accident; (B) the methods by which the noncompliance was discovered and brought to the attention of the FAA; (C) an analysis of whether the method used by the applicant to show compliance was acceptable and whether other compliance methods would have identified the noncompliance during the type certification process; (D) the date of approval of the relevant type design and the date of issuance of the airworthiness directive; (E) any corrective action mandated to address the identified unsafe condition; (F) the period of time specified for the incorporation of the corrective action, during which the affected products were allowed to operate before the unsafe condition was corrected; and (G) the total cost of compliance estimated in the final rule adopting the airworthiness directive. (b) Coordination \nIn conducting the study under subsection (a), the Administrator shall coordinate with, and solicit comments from, union representatives of the aviation safety engineers involved in the development of airworthiness directives. (c) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) the results of the study conducted under subsection (a); (2) a description of any root cause of unsafe conditions identified by such study, as well as an identification of any action required to address any such root cause; (3) the union representative comments solicited under subsection (b); and (4) any other recommendations for legislative or administrative action determined appropriate by the Administrator. (d) Definition of transport airplane \nFor purposes of this section, the term transport airplane has the meaning given such term in FAA Notice N 8900.649, titled Use of Air Carrier Pilots During Flight Standardization Board Evaluations for Transport Airplanes (issued December 23, 2022).", "id": "idffa54ce1-8e3c-4c81-916b-23e8b4dcf876", "header": "Study on airworthiness standards compliance", "nested": [ { "text": "(a) Study \nThe Administrator shall conduct a study on the safety consequences of a transport airplane design approved by a domestic or foreign aviation manufacturer failing to comply with the applicable airworthiness standards. The study shall identify— (1) each final airworthiness directive applicable to transport airplanes that was issued by the FAA in the 2-year period prior to the date of enactment of this section to address unsafe conditions resulting from the approval of designs that were non-compliant with an applicable airworthiness standard; and (2) for each such airworthiness directive— (A) the airworthiness standard with which the affected products failed to comply, as well as the resulting unsafe condition and whether such condition resulted in an accident; (B) the methods by which the noncompliance was discovered and brought to the attention of the FAA; (C) an analysis of whether the method used by the applicant to show compliance was acceptable and whether other compliance methods would have identified the noncompliance during the type certification process; (D) the date of approval of the relevant type design and the date of issuance of the airworthiness directive; (E) any corrective action mandated to address the identified unsafe condition; (F) the period of time specified for the incorporation of the corrective action, during which the affected products were allowed to operate before the unsafe condition was corrected; and (G) the total cost of compliance estimated in the final rule adopting the airworthiness directive.", "id": "idd1449af2-4402-47a8-a0f1-89df0bb4c0f2", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Coordination \nIn conducting the study under subsection (a), the Administrator shall coordinate with, and solicit comments from, union representatives of the aviation safety engineers involved in the development of airworthiness directives.", "id": "id34cd3af6-a576-4649-997b-3824c24edc8f", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) the results of the study conducted under subsection (a); (2) a description of any root cause of unsafe conditions identified by such study, as well as an identification of any action required to address any such root cause; (3) the union representative comments solicited under subsection (b); and (4) any other recommendations for legislative or administrative action determined appropriate by the Administrator.", "id": "ide53635c9-b124-446a-ad89-32df3ae8abd4", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(d) Definition of transport airplane \nFor purposes of this section, the term transport airplane has the meaning given such term in FAA Notice N 8900.649, titled Use of Air Carrier Pilots During Flight Standardization Board Evaluations for Transport Airplanes (issued December 23, 2022).", "id": "id39a068ca-eee1-4d99-bd1c-11663a5924ad", "header": "Definition of transport airplane", "nested": [], "links": [] } ], "links": [] }, { "text": "335. Fire protection standards \n(a) Internal regulatory review team \n(1) Establishment \nNot later than 60 days after the date of enactment of this section, the Administrator shall establish an internal regulatory review team (in this section referred to as the Team ). (2) Review \n(A) In general \nNot later than 180 days after the date on which the Team is established, the Team shall conduct a review of foreign airworthiness standards and guidance for firewalls to determine best practices that should be adopted by the FAA and submit to the Administrator a report on the findings of such review. (B) Requirements \nIn conducting the review, the Team shall— (i) identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and evaluation criteria for such tests, including the use of certification by analysis where substantially similar designs have passed burn tests; (ii) assess the safety implications for any products imported into the United States that do not comply with the FAA’s firewall requirements; and (iii) consult with industry stakeholders to the maximum extent practicable. (b) Duties of the Administrator \nThe Administrator shall— (1) not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the FAA’s Significant Standards List based on such findings; and (2) not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "idd463e556-ed6d-4bff-9655-6d25161156c8", "header": "Fire protection standards", "nested": [ { "text": "(a) Internal regulatory review team \n(1) Establishment \nNot later than 60 days after the date of enactment of this section, the Administrator shall establish an internal regulatory review team (in this section referred to as the Team ). (2) Review \n(A) In general \nNot later than 180 days after the date on which the Team is established, the Team shall conduct a review of foreign airworthiness standards and guidance for firewalls to determine best practices that should be adopted by the FAA and submit to the Administrator a report on the findings of such review. (B) Requirements \nIn conducting the review, the Team shall— (i) identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and evaluation criteria for such tests, including the use of certification by analysis where substantially similar designs have passed burn tests; (ii) assess the safety implications for any products imported into the United States that do not comply with the FAA’s firewall requirements; and (iii) consult with industry stakeholders to the maximum extent practicable.", "id": "idc4950584-36d7-47e9-bbde-731dc543195a", "header": "Internal regulatory review team", "nested": [], "links": [] }, { "text": "(b) Duties of the Administrator \nThe Administrator shall— (1) not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the FAA’s Significant Standards List based on such findings; and (2) not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "idf7db3116-a3d5-45b7-b039-f26e6e3f7617", "header": "Duties of the Administrator", "nested": [], "links": [] } ], "links": [] }, { "text": "336. Cabin air safety \n(a) Deadline for submissions to Congress \nNot later than 60 days after the date of enactment of this section, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and submit to the appropriate Congressional committees the following: (1) The study by the Airliner Cabin Environmental Research Center of Excellence on bleed air required by subsection (c) of such section. (2) The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required by subsection (d) of such section. (b) Rulemaking \nNot later than 1 year after such date of enactment, the Administrator may issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations, with respect to incidents onboard aircraft involving oil and hydraulic fluid fume events. The rulemaking shall include, as necessary, the study and report required under subsection (a) and may include the following: (1) Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving smoke or fume events. (2) A standardized FAA form and system for reporting incidents involving smoke or fume events onboard aircraft. (3) The development of investigative procedures for the FAA to follow after receipt of a report of an incident involving an oil and hydraulic fluid event onboard aircraft in which at least 1 passenger or crew member required medical attention as a result of the incident. (4) Installation onboard aircraft of detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.", "id": "id6017c626-a09e-417c-83d4-fdcd37ea3b28", "header": "Cabin air safety", "nested": [ { "text": "(a) Deadline for submissions to Congress \nNot later than 60 days after the date of enactment of this section, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and submit to the appropriate Congressional committees the following: (1) The study by the Airliner Cabin Environmental Research Center of Excellence on bleed air required by subsection (c) of such section. (2) The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required by subsection (d) of such section.", "id": "ida04f394a-da53-4902-8172-1fa71c851c5a", "header": "Deadline for submissions to Congress", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "(b) Rulemaking \nNot later than 1 year after such date of enactment, the Administrator may issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations, with respect to incidents onboard aircraft involving oil and hydraulic fluid fume events. The rulemaking shall include, as necessary, the study and report required under subsection (a) and may include the following: (1) Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving smoke or fume events. (2) A standardized FAA form and system for reporting incidents involving smoke or fume events onboard aircraft. (3) The development of investigative procedures for the FAA to follow after receipt of a report of an incident involving an oil and hydraulic fluid event onboard aircraft in which at least 1 passenger or crew member required medical attention as a result of the incident. (4) Installation onboard aircraft of detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.", "id": "id17b4afb1-2d6d-4661-aaf2-c843ab50d202", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "337. Airport air safety \nThe Administrator shall evaluate whether there are impacts to travelers due to poor air quality and bleed air inside Washington Dulles International Airport.", "id": "id6094d148-8e12-4114-bfae-dd55d8627d46", "header": "Airport air safety", "nested": [], "links": [] }, { "text": "338. Aircraft interchange agreement limitations \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator shall revise section 121.569 of title 14, Code of Federal Regulations, to include each of the provisions described in subsection (b). (b) Provisions described \nThe provisions described in this subsection are the following: (1) A 30-day limit on foreign aircraft interchange agreements. (2) A minimum break between foreign aircraft interchange renewals of 90 days. (3) A limit of no more than 1 foreign aircraft interchange agreement between 2 airlines. (4) A limit of no more than 2 foreign aircraft on the interchange agreement.", "id": "idc7ea68df-fe6d-46d8-8435-efd3b395399a", "header": "Aircraft interchange agreement limitations", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator shall revise section 121.569 of title 14, Code of Federal Regulations, to include each of the provisions described in subsection (b).", "id": "id28ae1663-ef49-450f-b829-a18bf0474a34", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Provisions described \nThe provisions described in this subsection are the following: (1) A 30-day limit on foreign aircraft interchange agreements. (2) A minimum break between foreign aircraft interchange renewals of 90 days. (3) A limit of no more than 1 foreign aircraft interchange agreement between 2 airlines. (4) A limit of no more than 2 foreign aircraft on the interchange agreement.", "id": "id5f28cd7e-455c-4afe-b49c-75b62ff14e37", "header": "Provisions described", "nested": [], "links": [] } ], "links": [] }, { "text": "339. Wildfire suppression \n(a) In general \nTo ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, not later than 18 months after the date of enactment of this section, the Administrator shall promulgate an interim final rule under which— (1) an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire; (2) the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and (3) the noise standards described in part 36 of such title 14 shall not apply to such an operation. (b) Surplus military aircraft \nIn promulgating any rule under subsection (a), the Administrator shall not enable any aircraft of a type that has been manufactured in accordance with the requirements of, and accepted for use by, any branch of the United States Military and has been later modified to be used for wildfire suppression operations. (c) Conforming amendments to FAA documents \nIn promulgating an interim final rule under subsection (a), the Administrator shall amend FAA Order 8110.56, Restricted Category Type Certification (dated February 27, 2006), as well as any corresponding policy or guidance material, to reflect the requirements of subsection (a). (d) Savings provision \nNothing in this section shall be construed to limit the Administrator’s authority to take action otherwise authorized by law to protect aviation safety or passenger safety. (e) Definitions \nFor purposes of this section: (1) Covered aircraft \nThe term covered aircraft means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency. (2) Firefighters \nThe term firefighters means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.", "id": "id4078ea8d-8d6e-4ebf-a92e-2e5123639eb4", "header": "Wildfire suppression", "nested": [ { "text": "(a) In general \nTo ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, not later than 18 months after the date of enactment of this section, the Administrator shall promulgate an interim final rule under which— (1) an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire; (2) the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and (3) the noise standards described in part 36 of such title 14 shall not apply to such an operation.", "id": "id57ecc1c2-0c64-4aba-9096-c57097f7013b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Surplus military aircraft \nIn promulgating any rule under subsection (a), the Administrator shall not enable any aircraft of a type that has been manufactured in accordance with the requirements of, and accepted for use by, any branch of the United States Military and has been later modified to be used for wildfire suppression operations.", "id": "idd1026487-fc6c-435a-b0b6-981f146a4618", "header": "Surplus military aircraft", "nested": [], "links": [] }, { "text": "(c) Conforming amendments to FAA documents \nIn promulgating an interim final rule under subsection (a), the Administrator shall amend FAA Order 8110.56, Restricted Category Type Certification (dated February 27, 2006), as well as any corresponding policy or guidance material, to reflect the requirements of subsection (a).", "id": "id67bc42b1-680f-439d-8188-83cf7f1ed089", "header": "Conforming amendments to FAA documents", "nested": [], "links": [] }, { "text": "(d) Savings provision \nNothing in this section shall be construed to limit the Administrator’s authority to take action otherwise authorized by law to protect aviation safety or passenger safety.", "id": "id1218caa4-ccfd-4bcf-a178-5f8bb0c833ba", "header": "Savings provision", "nested": [], "links": [] }, { "text": "(e) Definitions \nFor purposes of this section: (1) Covered aircraft \nThe term covered aircraft means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency. (2) Firefighters \nThe term firefighters means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.", "id": "idd6652869-782b-4054-b355-94bc8bbed864", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "340. Study on impacts of temperature in aircraft cabins \n(a) Study \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a 1-year study on the health and safety impacts, with respect to passengers and crewmembers during each season in which the study is conducted, of the temperature of a covered aircraft cabin falling outside of a temperature between 65 and 85 degrees Fahrenheit during all phases of flight operation. (2) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with the FAA Civil Aerospace Medical Institute, air carriers operating under part 121 of title 14, Code of Federal Regulations, and applicable aviation labor organizations. (3) Flight operation definition \nFor purposes of paragraph (1), the term flight operation means the period beginning on the moment an individual boards the covered aircraft with the intention of work and duty related to the flight until such time as all such individuals have disembarked from the covered aircraft. (b) Reports \n(1) To the Administrator \nNot later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Administrator a report on the results of such study, together with recommendations determined appropriate by the National Academies. (2) To Congress \nNot later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report describing the results of the study required by subsection (a), together with recommendations for further action deemed appropriate by the Administrator. (c) Definition of covered aircraft \nFor purposes of this section, the term covered aircraft means an aircraft operated under part 121 of title 14, Code of Federal Regulations.", "id": "idfe5ba667-b4f3-4ab0-a4b3-2a349600fcda", "header": "Study on impacts of temperature in aircraft cabins", "nested": [ { "text": "(a) Study \n(1) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a 1-year study on the health and safety impacts, with respect to passengers and crewmembers during each season in which the study is conducted, of the temperature of a covered aircraft cabin falling outside of a temperature between 65 and 85 degrees Fahrenheit during all phases of flight operation. (2) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with the FAA Civil Aerospace Medical Institute, air carriers operating under part 121 of title 14, Code of Federal Regulations, and applicable aviation labor organizations. (3) Flight operation definition \nFor purposes of paragraph (1), the term flight operation means the period beginning on the moment an individual boards the covered aircraft with the intention of work and duty related to the flight until such time as all such individuals have disembarked from the covered aircraft.", "id": "ide3012aae-8346-4e47-8ff5-4c1cdfb01773", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) To the Administrator \nNot later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Administrator a report on the results of such study, together with recommendations determined appropriate by the National Academies. (2) To Congress \nNot later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report describing the results of the study required by subsection (a), together with recommendations for further action deemed appropriate by the Administrator.", "id": "id29c7bfcf-a4bd-4bd4-ad01-88e132ceb563", "header": "Reports", "nested": [], "links": [] }, { "text": "(c) Definition of covered aircraft \nFor purposes of this section, the term covered aircraft means an aircraft operated under part 121 of title 14, Code of Federal Regulations.", "id": "idfc1d22ee-ccae-4ea9-a5c3-20b7673f89b4", "header": "Definition of covered aircraft", "nested": [], "links": [] } ], "links": [] }, { "text": "341. Part 135 pilot supplemental oxygen requirement \nNot later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to only apply to aircraft operating at altitudes above flight level 410. In the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board.", "id": "id6b3e89b3-9339-4f25-937f-9116d63df5cf", "header": "Part 135 pilot supplemental oxygen requirement", "nested": [], "links": [] }, { "text": "342. Crewmember pumping guidance \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall— (1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and (2) ensure that complying with the advisory circular will not require an air carrier or foreign air carrier to incur significant expense, such as through the addition of an extra crewmember in response to providing a break, removal or retrofitting of seats on the aircraft, or modification or retrofitting of an aircraft. (b) Definitions \nIn this section: (1) Crewmember \nThe term crewmember has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations. (2) Critical phases of flight \nThe term critical phases of flight has the meaning given such term in section 121.542 of title 14, Code of Federal Regulations. (3) Part 121 \nThe term Part 121 means part 121 of title 14, Code of Federal Regulations. (c) Aviation safety \nNothing in this section shall limit the Administrator’s authority over aviation safety under subtitle VII of title 49, United States Code.", "id": "id9b3e2c8c-997d-4d4b-b1e4-dc4ecb529c2b", "header": "Crewmember pumping guidance", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall— (1) consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and (2) ensure that complying with the advisory circular will not require an air carrier or foreign air carrier to incur significant expense, such as through the addition of an extra crewmember in response to providing a break, removal or retrofitting of seats on the aircraft, or modification or retrofitting of an aircraft.", "id": "id2ae5d499-78b5-4897-973e-dbf794ac9811", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Crewmember \nThe term crewmember has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations. (2) Critical phases of flight \nThe term critical phases of flight has the meaning given such term in section 121.542 of title 14, Code of Federal Regulations. (3) Part 121 \nThe term Part 121 means part 121 of title 14, Code of Federal Regulations.", "id": "id0ad3983e-fc01-42bf-8af8-7a2811fb499f", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Aviation safety \nNothing in this section shall limit the Administrator’s authority over aviation safety under subtitle VII of title 49, United States Code.", "id": "idaab32882-602f-41c6-8156-e3eaf2fb1b07", "header": "Aviation safety", "nested": [], "links": [] } ], "links": [] }, { "text": "343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act \n(a) Oversight of organization designation authorization unit members \nSection 44741 of title 49, United States Code, is amended— (1) in subsection (f)(2), in the matter preceding subparagraph (A), by striking September 30, 2023 and inserting September 30, 2028 ; and (2) in subsection (j), by striking 2023 and inserting 2028. (b) Integrated project teams \nSection 108(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028. (c) Appeals of certification decisions \nSection 44704(g)(1)(C)(ii) of title 49, United States Code, is amended by striking calendar year 2025 and inserting calendar year 2028. (d) Professional development, skills enhancement, continuing education and training \nSection 44519(c) of title 49, United States Code, is amended by striking 2023 and inserting 2028. (e) Voluntary safety reporting program \nSection 113(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028. (f) Changed product rule \nSection 117(b)(1) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028. (g) Domestic and international pilot training \nSection 119(f)(3) of division V of the Consolidated Appropriations Act, 2021 is amended by striking 2023 and inserting 2028. (h) Oversight of FAA compliance program \nSection 122 of division V of the Consolidated Appropriations Act, 2021 is amended— (1) in subsection (c)(4), by striking October 1, 2023 and inserting October 1, 2028 ; and (2) in subsection (d), by striking 2023 and inserting 2028. (i) National air grant fellowship program \nSection 131(d) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 40101 note) is amended by striking 2025 and inserting 2028.", "id": "id953d3320-f2bc-43ee-8ce5-b461373351e4", "header": "Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act", "nested": [ { "text": "(a) Oversight of organization designation authorization unit members \nSection 44741 of title 49, United States Code, is amended— (1) in subsection (f)(2), in the matter preceding subparagraph (A), by striking September 30, 2023 and inserting September 30, 2028 ; and (2) in subsection (j), by striking 2023 and inserting 2028.", "id": "id52aa3c88-42e0-42b6-9fba-6c04ba1c413b", "header": "Oversight of organization designation authorization unit members", "nested": [], "links": [] }, { "text": "(b) Integrated project teams \nSection 108(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028.", "id": "ide54df66c-e3d5-45bc-adb2-7d49f818c7c8", "header": "Integrated project teams", "nested": [], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] }, { "text": "(c) Appeals of certification decisions \nSection 44704(g)(1)(C)(ii) of title 49, United States Code, is amended by striking calendar year 2025 and inserting calendar year 2028.", "id": "idbcbd5f39-7b0c-4830-93a0-bf64c842ab90", "header": "Appeals of certification decisions", "nested": [], "links": [] }, { "text": "(d) Professional development, skills enhancement, continuing education and training \nSection 44519(c) of title 49, United States Code, is amended by striking 2023 and inserting 2028.", "id": "idae16af46-c17e-4683-a2e6-69597d06d6d2", "header": "Professional development, skills enhancement, continuing education and training", "nested": [], "links": [] }, { "text": "(e) Voluntary safety reporting program \nSection 113(f) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028.", "id": "id77280113-61db-4394-acbd-215ef38822ca", "header": "Voluntary safety reporting program", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "(f) Changed product rule \nSection 117(b)(1) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44704 note) is amended by striking fiscal year 2023 and inserting fiscal year 2028.", "id": "id3b140dee-097b-490e-b725-1349b45e9574", "header": "Changed product rule", "nested": [], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" } ] }, { "text": "(g) Domestic and international pilot training \nSection 119(f)(3) of division V of the Consolidated Appropriations Act, 2021 is amended by striking 2023 and inserting 2028.", "id": "idaf317e84-b66b-4a9d-9c4e-471113b292fa", "header": "Domestic and international pilot training", "nested": [], "links": [] }, { "text": "(h) Oversight of FAA compliance program \nSection 122 of division V of the Consolidated Appropriations Act, 2021 is amended— (1) in subsection (c)(4), by striking October 1, 2023 and inserting October 1, 2028 ; and (2) in subsection (d), by striking 2023 and inserting 2028.", "id": "idfe7f1325-3048-40d2-82e3-2f3e0052e509", "header": "Oversight of FAA compliance program", "nested": [], "links": [] }, { "text": "(i) National air grant fellowship program \nSection 131(d) of division V of the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 40101 note) is amended by striking 2025 and inserting 2028.", "id": "id36899ac3-f29b-45de-b487-076e46ccb947", "header": "National air grant fellowship program", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] } ], "links": [ { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" }, { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" }, { "text": "49 U.S.C. 44704", "legal-doc": "usc", "parsable-cite": "usc/49/44704" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "344. Report on the compliance of foreign regulators with Bilateral Aviation Safety Agreements \n(a) Study \n(1) In general \nThe Administrator shall conduct a study on the extent to which foreign regulators are complying with Bilateral Aviation Safety Agreements, including agreements on honoring Federal Aviation Administration certified aircraft, parts, and systems. (2) Requirements \nThe study conducted under paragraph (1) shall include— (A) the identification of, and the tracking of concerns related to, foreign regulators that fail to comply with the spirit of Bilateral Aviation Safety Agreements; (B) an analysis of the effect that noncompliance with such Agreements by foreign regulators has on manufacturers and supply chains; (C) a description of the steps the Administrator is taking to enforce such Agreements; and (D) other items determined appropriate by the Administrator. (b) Report \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislation as the Administrator determines appropriate.", "id": "id413bc74064324458a2af9ee4b8b8060c", "header": "Report on the compliance of foreign regulators with Bilateral Aviation Safety Agreements", "nested": [ { "text": "(a) Study \n(1) In general \nThe Administrator shall conduct a study on the extent to which foreign regulators are complying with Bilateral Aviation Safety Agreements, including agreements on honoring Federal Aviation Administration certified aircraft, parts, and systems. (2) Requirements \nThe study conducted under paragraph (1) shall include— (A) the identification of, and the tracking of concerns related to, foreign regulators that fail to comply with the spirit of Bilateral Aviation Safety Agreements; (B) an analysis of the effect that noncompliance with such Agreements by foreign regulators has on manufacturers and supply chains; (C) a description of the steps the Administrator is taking to enforce such Agreements; and (D) other items determined appropriate by the Administrator.", "id": "id663623d5db00405c980e4482a2f4061a", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislation as the Administrator determines appropriate.", "id": "id37f08a2665044619b16fe76b88b8e3bf", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "345. Study on FAA use of mandatory Equal Access to Justice Act waivers \n(a) In general \nThe Comptroller General shall conduct a study on the Administrator’s use of waivers of rights that may arise under section 504 of title 5, United States Code, or section 2412 of title 28, United States Code, as a condition for the settlement of any proceedings to amend, modify, suspend, or revoke an airman certificate or to impose a civil penalty on a flight engineer, mechanic, pilot, or repairman (or an individual acting in that capacity). Such study shall consider— (1) the frequency of the Administrator’s use of waivers described in this subsection; (2) the benefits and consequences of the use of such waivers to both the Administrator and the certificate holder; and (3) the effects of a prohibition on using such waivers. (b) Cooperation with study \nThe Administrator shall cooperate with the Comptroller General’s requests for information to complete the study described in subsection (a). (c) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id44fd380521a347a5b17c220b99f6f22d", "header": "Study on FAA use of mandatory Equal Access to Justice Act waivers", "nested": [ { "text": "(a) In general \nThe Comptroller General shall conduct a study on the Administrator’s use of waivers of rights that may arise under section 504 of title 5, United States Code, or section 2412 of title 28, United States Code, as a condition for the settlement of any proceedings to amend, modify, suspend, or revoke an airman certificate or to impose a civil penalty on a flight engineer, mechanic, pilot, or repairman (or an individual acting in that capacity). Such study shall consider— (1) the frequency of the Administrator’s use of waivers described in this subsection; (2) the benefits and consequences of the use of such waivers to both the Administrator and the certificate holder; and (3) the effects of a prohibition on using such waivers.", "id": "id8c3f9d0b603e40be9388aca95653f062", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Cooperation with study \nThe Administrator shall cooperate with the Comptroller General’s requests for information to complete the study described in subsection (a).", "id": "id13292de5887b48adaf496c70c5240827", "header": "Cooperation with study", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id83eac7af12e14310862ec6c8d363d554", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "346. Sense of Congress regarding mandated contents of onboard emergency medical kits \nIt is the sense of Congress that— (1) a regularly scheduled panel of experts should reexamine and provide an updated list of mandated contents of onboard emergency medical kits that is thorough and practical, keeping passenger safety and wellbeing paramount; and (2) such panel should consider including on the list of mandated contents of such medical kits Naloxone or another overdose reversal medication.", "id": "id10411129c8514ab5b4698f3ea174e571", "header": "Sense of Congress regarding mandated contents of onboard emergency medical kits", "nested": [], "links": [] }, { "text": "347. Passenger aircraft first aid and emergency medical kit equipment and training \nThe FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note) is amended by striking section 307 and inserting the following: 307. Emergency medical equipment on passenger aircraft \n(a) First aid and emergency medical kit equipment and training \nNot later than 2 years after the date of enactment of the FAA Reauthorization Act of 2024 , the Administrator shall issue a notice of proposed rulemaking regarding first aid and emergency medical kit equipment and training required for flight crewmembers as provided in part 121 of title 14, Code of Federal Regulations, applicable to all certificate holders operating passenger aircraft under that part. (b) Regular review \nNot later than 5 years after the issuance of the final rule under subsection (a), and every 5 years thereafter, the Administrator shall evaluate and revise, if appropriate, the first aid and emergency medical kit equipment and training required for flight crewmembers, as well as any required training for flight crewmembers regarding the content, location, and function of such kit..", "id": "id68060c35b76c49e6abccdb2e8b1ffc36", "header": "Passenger aircraft first aid and emergency medical kit equipment and training", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "307. Emergency medical equipment on passenger aircraft \n(a) First aid and emergency medical kit equipment and training \nNot later than 2 years after the date of enactment of the FAA Reauthorization Act of 2024 , the Administrator shall issue a notice of proposed rulemaking regarding first aid and emergency medical kit equipment and training required for flight crewmembers as provided in part 121 of title 14, Code of Federal Regulations, applicable to all certificate holders operating passenger aircraft under that part. (b) Regular review \nNot later than 5 years after the issuance of the final rule under subsection (a), and every 5 years thereafter, the Administrator shall evaluate and revise, if appropriate, the first aid and emergency medical kit equipment and training required for flight crewmembers, as well as any required training for flight crewmembers regarding the content, location, and function of such kit.", "id": "id3f645e8e61c54a8e8c9e97dc6a93c2b8", "header": "Emergency medical equipment on passenger aircraft", "nested": [ { "text": "(a) First aid and emergency medical kit equipment and training \nNot later than 2 years after the date of enactment of the FAA Reauthorization Act of 2024 , the Administrator shall issue a notice of proposed rulemaking regarding first aid and emergency medical kit equipment and training required for flight crewmembers as provided in part 121 of title 14, Code of Federal Regulations, applicable to all certificate holders operating passenger aircraft under that part.", "id": "id99818cb945584d2699d65c06284ad816", "header": "First aid and emergency medical kit equipment and training", "nested": [], "links": [] }, { "text": "(b) Regular review \nNot later than 5 years after the issuance of the final rule under subsection (a), and every 5 years thereafter, the Administrator shall evaluate and revise, if appropriate, the first aid and emergency medical kit equipment and training required for flight crewmembers, as well as any required training for flight crewmembers regarding the content, location, and function of such kit.", "id": "idadbdc6aa06e64f7a88b79674e4338951", "header": "Regular review", "nested": [], "links": [] } ], "links": [] }, { "text": "348. Runway traffic alerting technology \n(a) Requirement \nNot later than 1 year after the date of enactment of this Act, the Aviation Rulemaking Committee of the FAA shall review and submit recommendations to the Administrator regarding whether transport airplanes should be equipped with runway traffic alerting technology that reduces the risk of collision on the runway with other traffic by providing the flight crew with both aural alerts and text alert messages. (b) Definition \nIn this section, the term transport airplane means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight (MTOW) above 12,500 pounds or an all-cargo or combi derivative of such an airplane.", "id": "idAE91F629BCF84E3185F981B77BAA6E20", "header": "Runway traffic alerting technology", "nested": [ { "text": "(a) Requirement \nNot later than 1 year after the date of enactment of this Act, the Aviation Rulemaking Committee of the FAA shall review and submit recommendations to the Administrator regarding whether transport airplanes should be equipped with runway traffic alerting technology that reduces the risk of collision on the runway with other traffic by providing the flight crew with both aural alerts and text alert messages.", "id": "id58ac325018c04393a032d62c13689e53", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Definition \nIn this section, the term transport airplane means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight (MTOW) above 12,500 pounds or an all-cargo or combi derivative of such an airplane.", "id": "ide7328d332b8b4f3a81b16caae5cd57c1", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "349. Runway landing safety technology \n(a) Requirement \nNot later than 1 year after the date of enactment of this Act, the Aviation Rulemaking Committee of the FAA shall review and submit recommendations to the Administrator regarding whether transport airplanes should be equipped with a system that— (1) while airborne, provides a clear and timely alert to the flight crew if the system-calculated required landing distance exceeds the landing distance available; and (2) after touch-down, provides a clear and timely alert to the flight crew if increased deceleration is required to bring the aircraft to a safe stop before the end of the runway. (b) Definition \nIn this section, the term transport airplane means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight (MTOW) above 12,500 pounds or an all-cargo or combi derivative of such an airplane.", "id": "id5AF8154CF2804A3EAFAA2A6E6FA03EB3", "header": "Runway landing safety technology", "nested": [ { "text": "(a) Requirement \nNot later than 1 year after the date of enactment of this Act, the Aviation Rulemaking Committee of the FAA shall review and submit recommendations to the Administrator regarding whether transport airplanes should be equipped with a system that— (1) while airborne, provides a clear and timely alert to the flight crew if the system-calculated required landing distance exceeds the landing distance available; and (2) after touch-down, provides a clear and timely alert to the flight crew if increased deceleration is required to bring the aircraft to a safe stop before the end of the runway.", "id": "id817ADEFCAEED4C04989D9A68153E754B", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Definition \nIn this section, the term transport airplane means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight (MTOW) above 12,500 pounds or an all-cargo or combi derivative of such an airplane.", "id": "id028BF0326D9C4BE5B4CD20E75F44E994", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "350. Hawaii Air Noise and Safety Task Force \n(a) Participation \nThe FAA shall participate as a technical advisor in the air noise and safety task force established by State legislation in the State of Hawaii. (b) Rulemaking \nNot later than 18 months after the date of the first meeting of the task force described in subsection (a), the Administrator shall— (1) issue an intent to proceed with proposed rulemaking; (2) take other action sufficient to carry out feasible, consensus recommendations; or (3) issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination. (c) Considerations \nIn determining whether to proceed with a proposed rulemaking or other action under subsection (b) and, if applicable, in developing the proposed rule or carrying out the other action, the Administrator shall consider the findings and consensus recommendations of the task force described in subsection (a). (d) Authorities \nThe Administrator, in issuing the rule or carrying out the other action described in subsection (b), may take the following actions in the State of Hawaii: (1) Set minimum altitudes for commercial air tours for the purpose of noise reduction, provided that such minimums do not negatively impact safety conditions. (2) Set time-of-day restrictions on commercial air tours for the purpose of reducing noise disruptions, provided that such restrictions do not negatively impact safety conditions. (3) Set limits on the number of flights in a certain area per unit of time. (4) Require the use of quiet aircraft technology by commercial air tour operators conducting commercial air tours in the State of Hawaii. (5) Prohibit hovering or circling in certain or all areas in the State of Hawaii. (6) Prohibit commercial air tours in certain or all areas in the State of Hawaii. (7) Establish certain required routes for commercial air tours in certain or all areas in the State of Hawaii. (8) Establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints. (e) Definitions \nIn this section: (1) Commercial air tour \nThe term commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where the purpose of the flight is sightseeing. (2) Commercial air tour operator \nThe term commercial air tour operator means any person who conducts a commercial air tour.", "id": "idf4a9a02c0eea4ae5adc76922aef74f2a", "header": "Hawaii Air Noise and Safety Task Force", "nested": [ { "text": "(a) Participation \nThe FAA shall participate as a technical advisor in the air noise and safety task force established by State legislation in the State of Hawaii.", "id": "idea7d6ab910e840d8ae7159338007708f", "header": "Participation", "nested": [], "links": [] }, { "text": "(b) Rulemaking \nNot later than 18 months after the date of the first meeting of the task force described in subsection (a), the Administrator shall— (1) issue an intent to proceed with proposed rulemaking; (2) take other action sufficient to carry out feasible, consensus recommendations; or (3) issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination.", "id": "idcddab0cc409f4e12b941c0497af8409a", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn determining whether to proceed with a proposed rulemaking or other action under subsection (b) and, if applicable, in developing the proposed rule or carrying out the other action, the Administrator shall consider the findings and consensus recommendations of the task force described in subsection (a).", "id": "id3219f6ebcdfd4369b6f00eb0b9a95f30", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Authorities \nThe Administrator, in issuing the rule or carrying out the other action described in subsection (b), may take the following actions in the State of Hawaii: (1) Set minimum altitudes for commercial air tours for the purpose of noise reduction, provided that such minimums do not negatively impact safety conditions. (2) Set time-of-day restrictions on commercial air tours for the purpose of reducing noise disruptions, provided that such restrictions do not negatively impact safety conditions. (3) Set limits on the number of flights in a certain area per unit of time. (4) Require the use of quiet aircraft technology by commercial air tour operators conducting commercial air tours in the State of Hawaii. (5) Prohibit hovering or circling in certain or all areas in the State of Hawaii. (6) Prohibit commercial air tours in certain or all areas in the State of Hawaii. (7) Establish certain required routes for commercial air tours in certain or all areas in the State of Hawaii. (8) Establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints.", "id": "id9ce86d2bbc574f3aaac9b001b053f53e", "header": "Authorities", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Commercial air tour \nThe term commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where the purpose of the flight is sightseeing. (2) Commercial air tour operator \nThe term commercial air tour operator means any person who conducts a commercial air tour.", "id": "id7005347e92f142d28c1be327425325e5", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "351. Improved safety in rural areas \n(a) In general \nSubtitle A of title III of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note) is amended by striking section 322 and inserting the following: 322. Improved safety in rural areas \n(a) In general \nThe Administrator shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, to operate under instrument flight rules (in this section referred to as IFR ) to a destination in a noncontiguous State that has a published instrument approach, but that does not have a Meteorological Aerodrome Report (in this section referred to as METAR ), and then to conduct an instrument approach at that destination if— (1) a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival; (2) upon arrival and prior to commencing the approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and (3) in the event the destination weather observation is below minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan. (b) Application template \n(1) In general \nThe Administrator shall develop an application template with standardized, specific approval criteria to enable FAA inspectors to evaluate the application of an air carrier objectively. (2) Requirements \nThe template required by paragraph (1) shall include an area for an air carrier to describe— (A) how any non-certified human observations will be conducted; and (B) how such observations will be communicated— (i) to air carriers prior to dispatch; and (ii) to pilots prior to approach. (3) Response to application \n(A) Timeline \nThe Administrator shall ensure— (i) that the FAA has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and (ii) in the event the FAA cannot respond within 30 days, that the FAA informs the air carrier of the expected response time with respect to the application of the air carrier. (B) Rejection \nIn the event that the FAA rejects an application of an air carrier, the FAA shall inform the air carrier of the specific criteria that were the cause for rejection.. (b) Effective date \nThe amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this section.", "id": "id9e105b3757014a80b5462c8b5b9845a2", "header": "Improved safety in rural areas", "nested": [ { "text": "(a) In general \nSubtitle A of title III of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44701 note) is amended by striking section 322 and inserting the following: 322. Improved safety in rural areas \n(a) In general \nThe Administrator shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, to operate under instrument flight rules (in this section referred to as IFR ) to a destination in a noncontiguous State that has a published instrument approach, but that does not have a Meteorological Aerodrome Report (in this section referred to as METAR ), and then to conduct an instrument approach at that destination if— (1) a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival; (2) upon arrival and prior to commencing the approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and (3) in the event the destination weather observation is below minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan. (b) Application template \n(1) In general \nThe Administrator shall develop an application template with standardized, specific approval criteria to enable FAA inspectors to evaluate the application of an air carrier objectively. (2) Requirements \nThe template required by paragraph (1) shall include an area for an air carrier to describe— (A) how any non-certified human observations will be conducted; and (B) how such observations will be communicated— (i) to air carriers prior to dispatch; and (ii) to pilots prior to approach. (3) Response to application \n(A) Timeline \nThe Administrator shall ensure— (i) that the FAA has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and (ii) in the event the FAA cannot respond within 30 days, that the FAA informs the air carrier of the expected response time with respect to the application of the air carrier. (B) Rejection \nIn the event that the FAA rejects an application of an air carrier, the FAA shall inform the air carrier of the specific criteria that were the cause for rejection..", "id": "idb7c74630aaf74b9c92a95d5d61d56845", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this section.", "id": "id76a9fa9169ab49449e9e689643184e37", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "322. Improved safety in rural areas \n(a) In general \nThe Administrator shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, to operate under instrument flight rules (in this section referred to as IFR ) to a destination in a noncontiguous State that has a published instrument approach, but that does not have a Meteorological Aerodrome Report (in this section referred to as METAR ), and then to conduct an instrument approach at that destination if— (1) a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival; (2) upon arrival and prior to commencing the approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and (3) in the event the destination weather observation is below minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan. (b) Application template \n(1) In general \nThe Administrator shall develop an application template with standardized, specific approval criteria to enable FAA inspectors to evaluate the application of an air carrier objectively. (2) Requirements \nThe template required by paragraph (1) shall include an area for an air carrier to describe— (A) how any non-certified human observations will be conducted; and (B) how such observations will be communicated— (i) to air carriers prior to dispatch; and (ii) to pilots prior to approach. (3) Response to application \n(A) Timeline \nThe Administrator shall ensure— (i) that the FAA has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and (ii) in the event the FAA cannot respond within 30 days, that the FAA informs the air carrier of the expected response time with respect to the application of the air carrier. (B) Rejection \nIn the event that the FAA rejects an application of an air carrier, the FAA shall inform the air carrier of the specific criteria that were the cause for rejection.", "id": "id5bde23c940e34f709657d9c7ce7bc5d7", "header": "Improved safety in rural areas", "nested": [ { "text": "(a) In general \nThe Administrator shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations, to operate under instrument flight rules (in this section referred to as IFR ) to a destination in a noncontiguous State that has a published instrument approach, but that does not have a Meteorological Aerodrome Report (in this section referred to as METAR ), and then to conduct an instrument approach at that destination if— (1) a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival; (2) upon arrival and prior to commencing the approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and (3) in the event the destination weather observation is below minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan.", "id": "ida9ff67e0febd4ee49e1b2b2358630868", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application template \n(1) In general \nThe Administrator shall develop an application template with standardized, specific approval criteria to enable FAA inspectors to evaluate the application of an air carrier objectively. (2) Requirements \nThe template required by paragraph (1) shall include an area for an air carrier to describe— (A) how any non-certified human observations will be conducted; and (B) how such observations will be communicated— (i) to air carriers prior to dispatch; and (ii) to pilots prior to approach. (3) Response to application \n(A) Timeline \nThe Administrator shall ensure— (i) that the FAA has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and (ii) in the event the FAA cannot respond within 30 days, that the FAA informs the air carrier of the expected response time with respect to the application of the air carrier. (B) Rejection \nIn the event that the FAA rejects an application of an air carrier, the FAA shall inform the air carrier of the specific criteria that were the cause for rejection.", "id": "id3fc65ca0ccfa4925a798efaf861bbd96", "header": "Application template", "nested": [], "links": [] } ], "links": [] }, { "text": "352. Alaska aviation safety initiative \n(a) In general \nBeginning on the date that is 1 year after the date of enactment of this section, and annually thereafter through fiscal year 2028, the Administrator shall submit to the committees of relevant jurisdiction of Congress a report on the FAA Alaska Aviation Safety Initiative (in this section referred to as the FAASI ), including an itemized description of how the FAA budget meets the goals of the FAASI. (b) GAO study on Alaska aviation safety \n(1) Study \nThe Comptroller General shall conduct a study to— (A) examine the effectiveness of the FAASI to improve aviation safety, service, and infrastructure; and (B) identify challenges within the FAA to accomplishing safety improvements. (2) Report \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the committees of relevant jurisdiction of Congress a report on the findings of the study under paragraph (1), together with recommendations for such legislative or administrative action as the Comptroller General deems appropriate. (c) Committees of relevant jurisdiction of Congress definition \nIn this section, the term committees of relevant jurisdiction of Congress means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Transportation and Infrastructure of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.", "id": "idb48facb5bc6d491089495e95fbd7671c", "header": "Alaska aviation safety initiative", "nested": [ { "text": "(a) In general \nBeginning on the date that is 1 year after the date of enactment of this section, and annually thereafter through fiscal year 2028, the Administrator shall submit to the committees of relevant jurisdiction of Congress a report on the FAA Alaska Aviation Safety Initiative (in this section referred to as the FAASI ), including an itemized description of how the FAA budget meets the goals of the FAASI.", "id": "idd722490ed7484d02911c97c7ecfe3bc0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) GAO study on Alaska aviation safety \n(1) Study \nThe Comptroller General shall conduct a study to— (A) examine the effectiveness of the FAASI to improve aviation safety, service, and infrastructure; and (B) identify challenges within the FAA to accomplishing safety improvements. (2) Report \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the committees of relevant jurisdiction of Congress a report on the findings of the study under paragraph (1), together with recommendations for such legislative or administrative action as the Comptroller General deems appropriate.", "id": "idf5d19a3190de41c2af1cd761ead917fd", "header": "GAO study on Alaska aviation safety", "nested": [], "links": [] }, { "text": "(c) Committees of relevant jurisdiction of Congress definition \nIn this section, the term committees of relevant jurisdiction of Congress means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Transportation and Infrastructure of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.", "id": "id054c239af3b146a0aabd642c7ffad70f", "header": "Committees of relevant jurisdiction of Congress definition", "nested": [], "links": [] } ], "links": [] }, { "text": "353. Reducing turbulence on part 121 aircraft operations \nNot later than 1 year after the date of enactment of this section, the Administrator shall review the recommendations made by the Chair of the National Transportation Safety Board to the Administrator contained in the safety research report titled Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121 , issued on August 10, 2021 (NTSB/SS–21/01) and provide an update to the appropriate committees of Congress if there are any actions the Administrator plans to take based on the recommendations in the report.", "id": "HE0F8A704C3094140921650C09A146E41", "header": "Reducing turbulence on part 121 aircraft operations", "nested": [], "links": [] }, { "text": "354. Enhanced qualification program for restricted airline transport pilot certificate \n(a) Program \n(1) In general \nNot later than 6 months after the date of enactment of this section, the Administrator shall establish the requirements for a program to be known as the Enhanced Qualification Program (in this section referred to as the Program ) under which— (A) qualified air carriers are certified by the Administrator to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution under part 141 or part 142 of title 14, Code of Federal Regulations, that is under contract with the qualified air carrier; and (B) qualified instructors and evaluators provide enhanced training to eligible pilots pursuant to the curriculum requirements under paragraph (4). (2) Qualified instructors and evaluators \nUnder the Program— (A) all testing and training shall be performed by qualified instructors; and (B) all evaluations shall be performed by qualified evaluators. (3) Pilot assessment \nUnder the Program, the Administrator shall establish guidelines for an assessment that prospective pilots are required to pass in order to participate in the training under the Program. Such assessment shall include an evaluation of the pilot's aptitude, ability, and readiness for operation of transport category aircraft. (4) Program curriculum \nUnder the Program, the Administrator shall establish requirements for the curriculum to be provided under the Program. Such curriculum shall include— (A) a nationally standardized, non-air carrier or aircraft-specific training curriculum which shall— (i) ensure prospective pilots have appropriate knowledge at the commercial pilot certificate, multi-engine rating, and instrument rating level; (ii) introduce the pilots to concepts associated with air carrier operations; (iii) meet all requirements for an ATP Certification Training Program under part 61.156 or part 142 of title 14, Code of Federal Regulations; and (iv) include a course of instruction designed to prepare the prospective pilot to take the ATP Multiengine Airplane Knowledge Test; (B) an aircraft-specific training curriculum, developed by the air carrier using objectives and learning standards developed by the Administrator, which shall— (i) only be administered to prospective pilots who have completed the requirements under subparagraph (A); (ii) resemble a type rating training curriculum that includes aircraft ground and flight training that culminates in— (I) the completion of a maneuvers evaluation that incorporates elements of a type rating practical test; or (II) at the discretion of the air carrier, an actual type rating practical test resulting in the issuance of a type rating for the specific aircraft; and (iii) ensure the prospective pilot has an adequate understanding and working knowledge of transport category aircraft automation and autoflight systems; and (C) air carrier-specific procedures using objectives and learning standards developed by the Administrator to further expand on the concepts described in subparagraphs (A) and (B), which shall— (i) only be administered to prospective pilots who have completed requirements under subparagraphs (A) and (B) and an ATP Multiengine Airplane Knowledge Test; (ii) include instructions on air carrier checklist usage and standard operating procedures; and (iii) integrate aircraft-specific training in appropriate flight simulation training devices representing the specific aircraft type, including complete crew resource management and scenario-based training. (5) Application and certification \nUnder the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such process shall include a review to ensure that the training provided by the air carrier will meet the requirements of this section, including— (A) the assessment requirements under paragraph (3); (B) the curriculum requirements under paragraph (4); (C) the requirements for qualified instructors under subsection (d)(5); and (D) the requirements for eligible pilots under subsection (d)(2). (6) Data \nUnder the Program, the Administrator shall require that each qualified air carrier participating in the Program collect and submit to the Administrator such data from the Program that the Administrator determines is appropriate for the Administrator to provide for oversight of the Program. (7) Regular inspection \nUnder the Program, the Administrator shall provide for the regular inspection of qualified air carriers certified under paragraph (5) to ensure that the air carrier continues to meet the requirements under the Program. (b) Regulations \nThe Administrator may issue regulations or guidance as determined necessary to carry out the Program. (c) Clarification regarding required flight hours \nThe provisions of this section shall have no effect on the total flight hours required under part 61.159 of title 14, Code of Federal Regulations, to receive an airline transport pilot certificate, or the Administrator’s authority under section 217(d) of the Airline Safety and Federal Aviation Administration Extension Act of 2010 ( 49 U.S.C. 44701 note) (as in effect on the date of enactment of this section). (d) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Eligible pilot \nThe term eligible pilot means a pilot that— (A) has— (i) graduated from a United States Armed Forces undergraduate pilot training school; (ii) obtained a degree with an aviation major from an institution of higher education (as defined in part 61.1 of title 14, Code of Federal Regulations) that has been issued a letter of authorization by the Administrator under part 61.169 of such title 14; or (iii) completed flight and ground training for a commercial pilot certificate in the airplane category and an airplane instrument rating at a certified training institution under part 141 of such title 14; (B) has a current commercial pilot certificate under part 61.123 of such title 14, with airplane category multi-engine and instrument ratings under part 61.129 of such title 14; and (C) meets the pilot assessment requirements under subsection (a)(3). (3) Qualified air carrier \nThe term qualified air carrier means an air carrier that has been issued a part 119 operating certificate for conducting operations under part 121 of title 14, Code of Federal Regulations. (4) Qualified evaluator \nThe term qualified evaluator means an individual that meets the requirements for a training center evaluator under part 142.55 of title 14, Code of Federal Regulations, or for check airmen under part 121.411 of such title 14. (5) Qualified instructor \nThe term qualified instructor means an individual that— (A) is qualified in accordance with the minimum training requirements for an ATP Certification Training Program under paragraphs (1) through (3) of part 121.410(b) of title 14, Code of Federal Regulations; (B) if the instructor is a flight instructor, is qualified in accordance with part 121.410(b)(4) of such title 14; (C) if the instructor is administering type rating practical tests, is qualified as an appropriate examiner for such rating; (D) received training in threat and error management, facilitation, and risk mitigation determined appropriate by the Administrator; and (E) meets any other requirement determined appropriate by the Administrator.", "id": "idfeb4f449bac64e9399d613f62b026d61", "header": "Enhanced qualification program for restricted airline transport pilot certificate", "nested": [ { "text": "(a) Program \n(1) In general \nNot later than 6 months after the date of enactment of this section, the Administrator shall establish the requirements for a program to be known as the Enhanced Qualification Program (in this section referred to as the Program ) under which— (A) qualified air carriers are certified by the Administrator to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution under part 141 or part 142 of title 14, Code of Federal Regulations, that is under contract with the qualified air carrier; and (B) qualified instructors and evaluators provide enhanced training to eligible pilots pursuant to the curriculum requirements under paragraph (4). (2) Qualified instructors and evaluators \nUnder the Program— (A) all testing and training shall be performed by qualified instructors; and (B) all evaluations shall be performed by qualified evaluators. (3) Pilot assessment \nUnder the Program, the Administrator shall establish guidelines for an assessment that prospective pilots are required to pass in order to participate in the training under the Program. Such assessment shall include an evaluation of the pilot's aptitude, ability, and readiness for operation of transport category aircraft. (4) Program curriculum \nUnder the Program, the Administrator shall establish requirements for the curriculum to be provided under the Program. Such curriculum shall include— (A) a nationally standardized, non-air carrier or aircraft-specific training curriculum which shall— (i) ensure prospective pilots have appropriate knowledge at the commercial pilot certificate, multi-engine rating, and instrument rating level; (ii) introduce the pilots to concepts associated with air carrier operations; (iii) meet all requirements for an ATP Certification Training Program under part 61.156 or part 142 of title 14, Code of Federal Regulations; and (iv) include a course of instruction designed to prepare the prospective pilot to take the ATP Multiengine Airplane Knowledge Test; (B) an aircraft-specific training curriculum, developed by the air carrier using objectives and learning standards developed by the Administrator, which shall— (i) only be administered to prospective pilots who have completed the requirements under subparagraph (A); (ii) resemble a type rating training curriculum that includes aircraft ground and flight training that culminates in— (I) the completion of a maneuvers evaluation that incorporates elements of a type rating practical test; or (II) at the discretion of the air carrier, an actual type rating practical test resulting in the issuance of a type rating for the specific aircraft; and (iii) ensure the prospective pilot has an adequate understanding and working knowledge of transport category aircraft automation and autoflight systems; and (C) air carrier-specific procedures using objectives and learning standards developed by the Administrator to further expand on the concepts described in subparagraphs (A) and (B), which shall— (i) only be administered to prospective pilots who have completed requirements under subparagraphs (A) and (B) and an ATP Multiengine Airplane Knowledge Test; (ii) include instructions on air carrier checklist usage and standard operating procedures; and (iii) integrate aircraft-specific training in appropriate flight simulation training devices representing the specific aircraft type, including complete crew resource management and scenario-based training. (5) Application and certification \nUnder the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such process shall include a review to ensure that the training provided by the air carrier will meet the requirements of this section, including— (A) the assessment requirements under paragraph (3); (B) the curriculum requirements under paragraph (4); (C) the requirements for qualified instructors under subsection (d)(5); and (D) the requirements for eligible pilots under subsection (d)(2). (6) Data \nUnder the Program, the Administrator shall require that each qualified air carrier participating in the Program collect and submit to the Administrator such data from the Program that the Administrator determines is appropriate for the Administrator to provide for oversight of the Program. (7) Regular inspection \nUnder the Program, the Administrator shall provide for the regular inspection of qualified air carriers certified under paragraph (5) to ensure that the air carrier continues to meet the requirements under the Program.", "id": "id60a6b0c1d47a499cbc8e5bfde5361ee9", "header": "Program", "nested": [], "links": [] }, { "text": "(b) Regulations \nThe Administrator may issue regulations or guidance as determined necessary to carry out the Program.", "id": "id69f753e83b6141d0aa8bbde5f320e083", "header": "Regulations", "nested": [], "links": [] }, { "text": "(c) Clarification regarding required flight hours \nThe provisions of this section shall have no effect on the total flight hours required under part 61.159 of title 14, Code of Federal Regulations, to receive an airline transport pilot certificate, or the Administrator’s authority under section 217(d) of the Airline Safety and Federal Aviation Administration Extension Act of 2010 ( 49 U.S.C. 44701 note) (as in effect on the date of enactment of this section).", "id": "idb283ac85ec2b43e49705d195f85a602f", "header": "Clarification regarding required flight hours", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "(d) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Eligible pilot \nThe term eligible pilot means a pilot that— (A) has— (i) graduated from a United States Armed Forces undergraduate pilot training school; (ii) obtained a degree with an aviation major from an institution of higher education (as defined in part 61.1 of title 14, Code of Federal Regulations) that has been issued a letter of authorization by the Administrator under part 61.169 of such title 14; or (iii) completed flight and ground training for a commercial pilot certificate in the airplane category and an airplane instrument rating at a certified training institution under part 141 of such title 14; (B) has a current commercial pilot certificate under part 61.123 of such title 14, with airplane category multi-engine and instrument ratings under part 61.129 of such title 14; and (C) meets the pilot assessment requirements under subsection (a)(3). (3) Qualified air carrier \nThe term qualified air carrier means an air carrier that has been issued a part 119 operating certificate for conducting operations under part 121 of title 14, Code of Federal Regulations. (4) Qualified evaluator \nThe term qualified evaluator means an individual that meets the requirements for a training center evaluator under part 142.55 of title 14, Code of Federal Regulations, or for check airmen under part 121.411 of such title 14. (5) Qualified instructor \nThe term qualified instructor means an individual that— (A) is qualified in accordance with the minimum training requirements for an ATP Certification Training Program under paragraphs (1) through (3) of part 121.410(b) of title 14, Code of Federal Regulations; (B) if the instructor is a flight instructor, is qualified in accordance with part 121.410(b)(4) of such title 14; (C) if the instructor is administering type rating practical tests, is qualified as an appropriate examiner for such rating; (D) received training in threat and error management, facilitation, and risk mitigation determined appropriate by the Administrator; and (E) meets any other requirement determined appropriate by the Administrator.", "id": "idd23a11b54a4440b3873fc8b8b47f4595", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "355. Reauthorization of the National Transportation Safety Board \nSection 1118(a) of title 49, United States Code, is amended to read as follows: (a) In general \nThere are authorized to be appropriated for the purposes of this chapter, $140,000,000 for fiscal year 2024, and $145,000,000 for each of fiscal years 2025 through 2028. Such sums shall remain available until expended..", "id": "id704d93de75a449609fa66ec7133c19c8", "header": "Reauthorization of the National Transportation Safety Board", "nested": [], "links": [] }, { "text": "401. NextGen accountability task force \n(a) Establishment \nThe Administrator shall establish a task force, to be known as the NextGen Accountability Task Force (referred to in this section as the Task Force ) to provide recommendations on the most effective operational metrics that can be used to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the Next Generation Air Transportation System (NextGen) project. (b) Membership \n(1) In general \nThe Task Force shall be composed of, at a minimum, representatives from— (A) the FAA; (B) trade associations representing avionics manufacturers; (C) trade associations representing air carriers; (D) trade associations representing business or general aviation operators; (E) labor organizations representing air traffic controllers; and (F) any other interested parties that the Administrator determines may provide expertise to and assist the Task Force in fulfilling its obligations. (2) Appointment \nThe Administrator shall appoint each member of the Task Force. (3) Vacancies \nA vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (c) Duties \nThe Task Force shall — (1) leverage current metrics used by the FAA to quantify the benefits of NextGen technology and investments; (2) validate current and establish additional metrics for the FAA to track national airspace system throughput and savings due to NextGen investments by calculating a weighted average by distance, on a per flight basis— (A) reduction and cumulative savings of track miles and time savings; (B) reduction and cumulative savings of emissions and fuel burn; (C) reduction of aircraft operation time; and (D) any other metrics that the Administrator determines may provide quantifiable benefits for operators in the national airspace system; and (3) validate current and establish metrics for the FAA to track and assess fleet equipage across operators in the national airspace system including— (A) percentage of aircraft equipped with NextGen avionics equipment as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020; (B) quantified costs and benefits for an operator to properly equip with baseline NextGen avionics equipment over the aircraft’s lifecycle; and (C) cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators. (d) Report \nNot later than 270 days after the date of enactment of this section, the Task Force shall submit to the Administrator a report with its findings and recommendations and metrics developed pursuant to subsections (a) and (c). (e) Public display \nNot later than 180 days after receiving the report required under subsection (d), the Administrator shall establish a website of the FAA that can be used to present, track, and update through 2030— (1) the metrics recommended and established by the Task Force on a quarterly and annual basis depending on the metric; and (2) the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator declares the completion of NextGen implementation. (f) Federal Advisory Committee Act \nChapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ), shall not apply to the Task Force. (g) Sunset \nThe Task Force shall terminate on the date on which the Administrator receives the report required under subsection (d).", "id": "id49c20e12-6418-4045-a531-39702c8b4690", "header": "NextGen accountability task force", "nested": [ { "text": "(a) Establishment \nThe Administrator shall establish a task force, to be known as the NextGen Accountability Task Force (referred to in this section as the Task Force ) to provide recommendations on the most effective operational metrics that can be used to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the Next Generation Air Transportation System (NextGen) project.", "id": "idada7e53e-09c8-47c2-b0b3-52ed7ebf2fb1", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) In general \nThe Task Force shall be composed of, at a minimum, representatives from— (A) the FAA; (B) trade associations representing avionics manufacturers; (C) trade associations representing air carriers; (D) trade associations representing business or general aviation operators; (E) labor organizations representing air traffic controllers; and (F) any other interested parties that the Administrator determines may provide expertise to and assist the Task Force in fulfilling its obligations. (2) Appointment \nThe Administrator shall appoint each member of the Task Force. (3) Vacancies \nA vacancy in the Task Force shall be filled in the manner in which the original appointment was made.", "id": "id6f86efa2-bf62-4f25-914f-5a9ea5509f2f", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Task Force shall — (1) leverage current metrics used by the FAA to quantify the benefits of NextGen technology and investments; (2) validate current and establish additional metrics for the FAA to track national airspace system throughput and savings due to NextGen investments by calculating a weighted average by distance, on a per flight basis— (A) reduction and cumulative savings of track miles and time savings; (B) reduction and cumulative savings of emissions and fuel burn; (C) reduction of aircraft operation time; and (D) any other metrics that the Administrator determines may provide quantifiable benefits for operators in the national airspace system; and (3) validate current and establish metrics for the FAA to track and assess fleet equipage across operators in the national airspace system including— (A) percentage of aircraft equipped with NextGen avionics equipment as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020; (B) quantified costs and benefits for an operator to properly equip with baseline NextGen avionics equipment over the aircraft’s lifecycle; and (C) cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators.", "id": "id33ea85c9-31e7-4a9a-a0b0-1c852c725600", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 270 days after the date of enactment of this section, the Task Force shall submit to the Administrator a report with its findings and recommendations and metrics developed pursuant to subsections (a) and (c).", "id": "id001d6d3f-89e2-4ddd-9cf7-f18273d2f537", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Public display \nNot later than 180 days after receiving the report required under subsection (d), the Administrator shall establish a website of the FAA that can be used to present, track, and update through 2030— (1) the metrics recommended and established by the Task Force on a quarterly and annual basis depending on the metric; and (2) the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator declares the completion of NextGen implementation.", "id": "id48fd7857-9a02-4356-bbaf-f4bb1a1a3c97", "header": "Public display", "nested": [], "links": [] }, { "text": "(f) Federal Advisory Committee Act \nChapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ), shall not apply to the Task Force.", "id": "id999d55da-8caf-43e0-9072-d5e8bc9dc471", "header": "Federal Advisory Committee Act", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(g) Sunset \nThe Task Force shall terminate on the date on which the Administrator receives the report required under subsection (d).", "id": "id4bd4cb16-72e3-47bf-ad73-c84175f6d12e", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "402. Use of advanced surveillance in oceanic airspace \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop a plan to— (1) coordinate with counterparts at air navigation service providers in airspace that is adjacent to United States airspace or international airspace delegated to the United States to— (A) adopt reduced separation standards in oceanic airspace; (B) implement procedures that will permit user preferred routes to increase fuel efficiency and reduce greenhouse gas emissions; and (C) exercise leadership in setting global standards by harmonizing the safety and efficiency of air traffic operations in airspace neighboring any airspace delegated to the United States; and (2) utilize Automatic Dependent Surveillance-Broadcast (ADS-B) relay service within United States airspace or international airspace delegated to the United States for— (A) positive air traffic control, including separation of aircraft by implementing the ICAO Advanced Surveillance-Enhanced Procedural Separation standard; (B) air traffic flow management; (C) search and rescue; (D) accident investigation; and (E) data analytics. (b) Report \nNot later than 120 days after the date on which the Administrator completes development of the plan required by subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that— (1) details the actions the Administrator shall take to implement the plan, including specifying the required technical system upgrades, operational procedure modifications, new training requirements, and a transition plan; (2) details a schedule with milestones for implementation of the use of advanced surveillance systems or services and coordination of such use with international air service navigation providers; and (3) describes any anticipated safety enhancements, fuel and operating cost savings, and reduction in carbon emissions of aircraft operating through airspace in which such advanced surveillance systems or services are used.", "id": "idf0fbeeda-0b02-45cb-a6cc-542096718553", "header": "Use of advanced surveillance in oceanic airspace", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop a plan to— (1) coordinate with counterparts at air navigation service providers in airspace that is adjacent to United States airspace or international airspace delegated to the United States to— (A) adopt reduced separation standards in oceanic airspace; (B) implement procedures that will permit user preferred routes to increase fuel efficiency and reduce greenhouse gas emissions; and (C) exercise leadership in setting global standards by harmonizing the safety and efficiency of air traffic operations in airspace neighboring any airspace delegated to the United States; and (2) utilize Automatic Dependent Surveillance-Broadcast (ADS-B) relay service within United States airspace or international airspace delegated to the United States for— (A) positive air traffic control, including separation of aircraft by implementing the ICAO Advanced Surveillance-Enhanced Procedural Separation standard; (B) air traffic flow management; (C) search and rescue; (D) accident investigation; and (E) data analytics.", "id": "idee75ae5f-f7dd-4c1f-bb9a-c26be5042926", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 120 days after the date on which the Administrator completes development of the plan required by subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that— (1) details the actions the Administrator shall take to implement the plan, including specifying the required technical system upgrades, operational procedure modifications, new training requirements, and a transition plan; (2) details a schedule with milestones for implementation of the use of advanced surveillance systems or services and coordination of such use with international air service navigation providers; and (3) describes any anticipated safety enhancements, fuel and operating cost savings, and reduction in carbon emissions of aircraft operating through airspace in which such advanced surveillance systems or services are used.", "id": "id6ed0688f-cf74-46de-8bdc-9ef6af996011", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "403. GPS monitoring pilot program \n(a) Establishment \nThe Administrator shall conduct a pilot program to evaluate technologies to detect, measure, and locate disrupting sources of interference to the GPS Standard Positioning Service in order to mitigate the impacts on air commerce and other related government and civilian functions within the air traffic management ecosystem. (b) Evaluation of technologies \n(1) Types of technologies \nThe pilot program shall evaluate commercially available technologies, as well as technologies under development by the FAA, the Department of Transportation, the Department of Defense, the Department of Homeland Security, and the National Aeronautics and Space Administration. (2) Scope \nThe pilot program shall consider technologies that have both physical electronics equipment and software components, as well as technologies with only software components. (c) Number of evaluation sites \nThe pilot program shall evaluate technologies for the purposes described in subsection (a) at not less than 5, and not more than 7, airports unless the Administrator determines that additional evaluation sites are needed to carry out the pilot program. (d) Location of evaluation sites \n(1) In general \nThe pilot program shall be conducted at each of the following types of airports: (A) A primary airport in Class B airspace. (B) A primary airport in Class C airspace. (C) A primary airport in Class D airspace. (D) An airport in Class E airspace. (E) A Joint-Use Airport. (2) Documented interference \nIn determining whether an airport should be an evaluation site for the pilot program, the Administrator shall consider airports described in paragraph (1) that have experienced documented instances of interference to the GPS Standard Positioning Service during the 5-year period ending with the date of enactment of this section. (e) Private sector participation \nThe Administrator shall collaborate with the private sector, including providers of technology that can cost-effectively implement a capability to potentially mitigate the impacts of GPS Standard Positioning Service interference on air commerce. (f) Congressional briefings \nBeginning 12 months after the date of enactment of this section, and annually thereafter until the date on which the report required by subsection (g) is submitted, the Administrator shall provide the appropriate committees of Congress with a briefing summarizing the status of, and findings from, the pilot program. (g) Report \nNot later than 180 days after the date on which the pilot program is terminated, the Administrator shall provide a report to the appropriate committees of Congress on the results of the pilot program. (h) GPS Standard Positioning Service defined \nIn this section, the term GPS Standard Positioning Service has the meaning given such term in section 2281(d)(2) of title 10, United States Code.", "id": "id284f23f3-ba1f-4e74-956f-dfef9db5064b", "header": "GPS monitoring pilot program", "nested": [ { "text": "(a) Establishment \nThe Administrator shall conduct a pilot program to evaluate technologies to detect, measure, and locate disrupting sources of interference to the GPS Standard Positioning Service in order to mitigate the impacts on air commerce and other related government and civilian functions within the air traffic management ecosystem.", "id": "idbc4af099-5e31-45f3-8d07-bf3645d1f4c5", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Evaluation of technologies \n(1) Types of technologies \nThe pilot program shall evaluate commercially available technologies, as well as technologies under development by the FAA, the Department of Transportation, the Department of Defense, the Department of Homeland Security, and the National Aeronautics and Space Administration. (2) Scope \nThe pilot program shall consider technologies that have both physical electronics equipment and software components, as well as technologies with only software components.", "id": "ide565bf35-c166-4230-83ab-a2919a726303", "header": "Evaluation of technologies", "nested": [], "links": [] }, { "text": "(c) Number of evaluation sites \nThe pilot program shall evaluate technologies for the purposes described in subsection (a) at not less than 5, and not more than 7, airports unless the Administrator determines that additional evaluation sites are needed to carry out the pilot program.", "id": "iddb1ec457-3c3d-4bd7-b095-3d8936626e10", "header": "Number of evaluation sites", "nested": [], "links": [] }, { "text": "(d) Location of evaluation sites \n(1) In general \nThe pilot program shall be conducted at each of the following types of airports: (A) A primary airport in Class B airspace. (B) A primary airport in Class C airspace. (C) A primary airport in Class D airspace. (D) An airport in Class E airspace. (E) A Joint-Use Airport. (2) Documented interference \nIn determining whether an airport should be an evaluation site for the pilot program, the Administrator shall consider airports described in paragraph (1) that have experienced documented instances of interference to the GPS Standard Positioning Service during the 5-year period ending with the date of enactment of this section.", "id": "idb83eb4ee-0399-40b1-be1c-14ce30d2704f", "header": "Location of evaluation sites", "nested": [], "links": [] }, { "text": "(e) Private sector participation \nThe Administrator shall collaborate with the private sector, including providers of technology that can cost-effectively implement a capability to potentially mitigate the impacts of GPS Standard Positioning Service interference on air commerce.", "id": "id5b8c5c4e-1857-4c83-9d51-f934d8ecbe98", "header": "Private sector participation", "nested": [], "links": [] }, { "text": "(f) Congressional briefings \nBeginning 12 months after the date of enactment of this section, and annually thereafter until the date on which the report required by subsection (g) is submitted, the Administrator shall provide the appropriate committees of Congress with a briefing summarizing the status of, and findings from, the pilot program.", "id": "id67127193-58bc-4bbc-80ce-5c58f7369456", "header": "Congressional briefings", "nested": [], "links": [] }, { "text": "(g) Report \nNot later than 180 days after the date on which the pilot program is terminated, the Administrator shall provide a report to the appropriate committees of Congress on the results of the pilot program.", "id": "id298aa550-fc65-4dfd-9bf1-6e2df79f7309", "header": "Report", "nested": [], "links": [] }, { "text": "(h) GPS Standard Positioning Service defined \nIn this section, the term GPS Standard Positioning Service has the meaning given such term in section 2281(d)(2) of title 10, United States Code.", "id": "id042da619-1fd9-46de-9c31-1145d455557d", "header": "GPS Standard Positioning Service defined", "nested": [], "links": [] } ], "links": [] }, { "text": "404. Runway safety technologies \n(a) Study \nThe Administrator shall conduct a study of runway safety incidents and accidents at airports in the United States and identify technologies that may prevent or reduce the risk of such incidents and accidents. (b) Report \nNot later than 9 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a) that includes the following: (1) Recommendations for preventative measures, including process changes and identification of available technologies, to mitigate the risks of runway safety incidents and accidents at or near airports in the United States. (2) Recommendations for additional airports in the United States, based on a risk-based analysis, that would be viable candidates for installation of runway safety technologies. (3) The FAA's timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by the Airport Surface Detection System - Model X (ASDE-X) and the Airport Surface Surveillance Capability (ASSC) legacy surveillance systems, and implementing runway safety technologies at airports currently without surface surveillance systems, as needed to improve runway safety. (4) An explanation of the decision-making process used by the FAA to determine whether to introduce runway safety technologies, like ASDE-X, ASSC, or other appropriate surface surveillance systems, at additional airports. (c) Briefings \nFollowing the submission of the report under subsection (b) and annually thereafter, the Administrator shall brief the appropriate committees of Congress on the progress of the action plan under subsection (b)(3), including on the— (1) status of implementing new surface surveillance systems at additional airports; and (2) justification for delaying or not implementing additional surface surveillance systems at airports identified by the Administrator under subsection (b)(2).", "id": "id99012e69-7ad8-4fa9-bba7-ae38139d95a6", "header": "Runway safety technologies", "nested": [ { "text": "(a) Study \nThe Administrator shall conduct a study of runway safety incidents and accidents at airports in the United States and identify technologies that may prevent or reduce the risk of such incidents and accidents.", "id": "id40e357c4-48b8-4c04-91c7-066070cbf941", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 9 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a) that includes the following: (1) Recommendations for preventative measures, including process changes and identification of available technologies, to mitigate the risks of runway safety incidents and accidents at or near airports in the United States. (2) Recommendations for additional airports in the United States, based on a risk-based analysis, that would be viable candidates for installation of runway safety technologies. (3) The FAA's timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by the Airport Surface Detection System - Model X (ASDE-X) and the Airport Surface Surveillance Capability (ASSC) legacy surveillance systems, and implementing runway safety technologies at airports currently without surface surveillance systems, as needed to improve runway safety. (4) An explanation of the decision-making process used by the FAA to determine whether to introduce runway safety technologies, like ASDE-X, ASSC, or other appropriate surface surveillance systems, at additional airports.", "id": "idd7d5eb0b-22e2-4034-90fb-69af0d3be88c", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Briefings \nFollowing the submission of the report under subsection (b) and annually thereafter, the Administrator shall brief the appropriate committees of Congress on the progress of the action plan under subsection (b)(3), including on the— (1) status of implementing new surface surveillance systems at additional airports; and (2) justification for delaying or not implementing additional surface surveillance systems at airports identified by the Administrator under subsection (b)(2).", "id": "idecc66ebf-31e1-4069-a55c-088bd9e7596f", "header": "Briefings", "nested": [], "links": [] } ], "links": [] }, { "text": "405. Flight profile optimization \n(a) Pilot program \n(1) Establishment \nNot later than 90 days after the date of enactment of this section, the Administrator shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as FPO ) into the FAA's trajectory based-operations air traffic flow management system. (2) Considerations \nIn establishing the pilot program under paragraph (1), the Administrator shall consider the following: (A) The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and a diverse range of aircraft and advanced aviation aircraft. (B) The extent to which developed FPO capabilities may achieve environmental benefits and time savings. (C) The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the FAA’s performance in carrying out air traffic flow management system development projects. (D) Any other information the Administrator deems appropriate. (3) Application \nTo be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. (4) Maximum amount \nA grant awarded under the program shall not exceed $2,000,000 to a single air traffic flow management technology provider. (b) Briefing to Congress \nNot later than 180 days after the establishment of the pilot program under subsection (a), and annually thereafter until the termination of the pilot program, the Administrator shall brief the appropriate committees of Congress on the progress of the pilot program under this section, including any implementation challenges of the program, detailed metrics of the program, and any suggested action to achieve the adoption of FPO. (c) Definition of trajectory-based operations \nThe term trajectory-based operations means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.", "id": "id15cdb949-aa35-4b0d-8221-68e2474c68d1", "header": "Flight profile optimization", "nested": [ { "text": "(a) Pilot program \n(1) Establishment \nNot later than 90 days after the date of enactment of this section, the Administrator shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as FPO ) into the FAA's trajectory based-operations air traffic flow management system. (2) Considerations \nIn establishing the pilot program under paragraph (1), the Administrator shall consider the following: (A) The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and a diverse range of aircraft and advanced aviation aircraft. (B) The extent to which developed FPO capabilities may achieve environmental benefits and time savings. (C) The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the FAA’s performance in carrying out air traffic flow management system development projects. (D) Any other information the Administrator deems appropriate. (3) Application \nTo be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. (4) Maximum amount \nA grant awarded under the program shall not exceed $2,000,000 to a single air traffic flow management technology provider.", "id": "id095b56de-7545-484f-aafe-3f0a0899f69a", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Briefing to Congress \nNot later than 180 days after the establishment of the pilot program under subsection (a), and annually thereafter until the termination of the pilot program, the Administrator shall brief the appropriate committees of Congress on the progress of the pilot program under this section, including any implementation challenges of the program, detailed metrics of the program, and any suggested action to achieve the adoption of FPO.", "id": "id8e67d3b1-0df9-4d03-a42f-12d9169b76a8", "header": "Briefing to Congress", "nested": [], "links": [] }, { "text": "(c) Definition of trajectory-based operations \nThe term trajectory-based operations means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.", "id": "id1b45ea26-008b-42e3-8d31-545bf0880bef", "header": "Definition of trajectory-based operations", "nested": [], "links": [] } ], "links": [] }, { "text": "406. STARS remote surveillance displays \n(a) Certification \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall define minimum performance and technical requirements in order to provide a mechanism to certify a commercial radar display capable of displaying primary and secondary radar targets for use by controllers in FAA Contract Tower program towers. (2) STARS \nWith respect to a Standard Terminal Automation Replacement System or any equivalent system procured directly from an original equipment manufacturer (in this section referred to as an OEM ), the Administrator shall move expeditiously to certify such systems for Federal contract towers and identify such systems by issuing an advisory circular regarding the certification of such systems. (3) Minimum equipment list \nThe FAA may add Standard Terminal Automation Replacement System equipment to the minimum level of equipage necessary for Federal contract towers to perform their function, as applicable. (b) Installation and maintenance \nNot later than December 31, 2025, the Administrator shall allow airports to— (1) procure, install, and maintain a Standard Terminal Automation Replacement System or any equivalent system through the FAA; or (2) purchase a Standard Terminal Automation Replacement System or any equivalent system and installation and maintenance services directly from an OEM.", "id": "id6aa718bb-5694-40f1-a00d-b8b87e10d5be", "header": "STARS remote surveillance displays", "nested": [ { "text": "(a) Certification \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall define minimum performance and technical requirements in order to provide a mechanism to certify a commercial radar display capable of displaying primary and secondary radar targets for use by controllers in FAA Contract Tower program towers. (2) STARS \nWith respect to a Standard Terminal Automation Replacement System or any equivalent system procured directly from an original equipment manufacturer (in this section referred to as an OEM ), the Administrator shall move expeditiously to certify such systems for Federal contract towers and identify such systems by issuing an advisory circular regarding the certification of such systems. (3) Minimum equipment list \nThe FAA may add Standard Terminal Automation Replacement System equipment to the minimum level of equipage necessary for Federal contract towers to perform their function, as applicable.", "id": "id6080fd3e-8f27-4c92-950b-2e6f1abf452a", "header": "Certification", "nested": [], "links": [] }, { "text": "(b) Installation and maintenance \nNot later than December 31, 2025, the Administrator shall allow airports to— (1) procure, install, and maintain a Standard Terminal Automation Replacement System or any equivalent system through the FAA; or (2) purchase a Standard Terminal Automation Replacement System or any equivalent system and installation and maintenance services directly from an OEM.", "id": "id2ff35b70-2575-4424-ba42-9e20d46d4269", "header": "Installation and maintenance", "nested": [], "links": [] } ], "links": [] }, { "text": "407. Audit of legacy systems \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall initiate an audit of all legacy systems to determine their level of operational risk, functionality, security, and compatibility with current and future technology. (b) Scope of audit \nThe audit required by subsection (a)— (1) shall be conducted by an independent third-party contractor or a Federally funded research and development center (FFRDC) selected by the Administrator; (2) shall include an assessment of whether a legacy system is outdated, insufficient, unsafe, or unstable, as defined in subsection (f); and (3) with respect to any legacy systems identified in the audit as outdated, insufficient, unsafe, or unstable, shall include— (A) an analysis of the operational risks associated with using such legacy systems; (B) recommendations for replacement or enhancement of such legacy systems; and (C) an analysis of any potential impact on aviation safety and efficiency. (c) Deadline \nNot later than December 31, 2025, the audit required by subsection (a) shall be completed. (d) Report \nNot later than 180 days after the audit required by subsection (a) is completed, the Administrator shall provide a report to the appropriate committees of Congress on the audit's findings and recommendations, including— (1) an inventory of the legacy systems in use; (2) an assessment of the operational condition of the legacy systems in use; and (3) the average age of in-service legacy systems and, for each legacy system in use, the intended design life of the system, by type. (e) Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems \n(1) In general \nNot later than 120 days after the date on which the Administrator provides the report required by subsection (d), the Administrator shall initiate a plan, in coordination with industry, to accelerate drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required by subsection (a) as outdated, insufficient, unsafe, or unstable. (2) Priorities \nThe Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to air safety and the costs associated with the replacement or enhancement of such legacy systems. (3) Collaboration \nThe Administrator shall work with industry to develop a plan to replace or enhance the identified legacy systems within a reasonable timeframe. (4) Progress updates \nThe Administrator shall provide the appropriate committees of Congress with semi-annual updates on the progress made in replacing or enhancing the identified legacy systems. (f) Definitions \nIn this section: (1) Industry \nThe term industry means the aviation industry, limited to organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization (ICAO) standards. (2) Legacy systems \nThe term legacy systems means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure owned by the FAA that were deployed prior to the year 2000, including the Notice to Air Missions (NOTAM) system. (3) Outdated, insufficient, unsafe, or unstable \nThe term outdated, insufficient, unsafe, or unstable means a legacy system for which the likelihood of failure creates a risk to air safety or security due to the legacy system's age, ability to be cost-effectively maintained, or any other factors that may compromise the performance or security of the legacy system. Such term includes a legacy system with a risk of a single point of failure or that lacks sufficient back-up capability in the event of a failure.", "id": "id357bc5e9-fa6b-46da-b382-2ce00f9519ea", "header": "Audit of legacy systems", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall initiate an audit of all legacy systems to determine their level of operational risk, functionality, security, and compatibility with current and future technology.", "id": "idc4ddf4a3-60b7-44a2-aaca-a8e0c2164c63", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Scope of audit \nThe audit required by subsection (a)— (1) shall be conducted by an independent third-party contractor or a Federally funded research and development center (FFRDC) selected by the Administrator; (2) shall include an assessment of whether a legacy system is outdated, insufficient, unsafe, or unstable, as defined in subsection (f); and (3) with respect to any legacy systems identified in the audit as outdated, insufficient, unsafe, or unstable, shall include— (A) an analysis of the operational risks associated with using such legacy systems; (B) recommendations for replacement or enhancement of such legacy systems; and (C) an analysis of any potential impact on aviation safety and efficiency.", "id": "idf75d08aa-7d53-4f34-a56e-f1cc7ddde6de", "header": "Scope of audit", "nested": [], "links": [] }, { "text": "(c) Deadline \nNot later than December 31, 2025, the audit required by subsection (a) shall be completed.", "id": "idd8791507-a7d4-498a-9ec0-9308aec7a2c3", "header": "Deadline", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 180 days after the audit required by subsection (a) is completed, the Administrator shall provide a report to the appropriate committees of Congress on the audit's findings and recommendations, including— (1) an inventory of the legacy systems in use; (2) an assessment of the operational condition of the legacy systems in use; and (3) the average age of in-service legacy systems and, for each legacy system in use, the intended design life of the system, by type.", "id": "id4daa97f0-34ac-4de7-9bfb-778927361736", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems \n(1) In general \nNot later than 120 days after the date on which the Administrator provides the report required by subsection (d), the Administrator shall initiate a plan, in coordination with industry, to accelerate drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required by subsection (a) as outdated, insufficient, unsafe, or unstable. (2) Priorities \nThe Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to air safety and the costs associated with the replacement or enhancement of such legacy systems. (3) Collaboration \nThe Administrator shall work with industry to develop a plan to replace or enhance the identified legacy systems within a reasonable timeframe. (4) Progress updates \nThe Administrator shall provide the appropriate committees of Congress with semi-annual updates on the progress made in replacing or enhancing the identified legacy systems.", "id": "id41a4fef7-dc79-4d3a-a165-71ee0dbdcfcf", "header": "Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Industry \nThe term industry means the aviation industry, limited to organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization (ICAO) standards. (2) Legacy systems \nThe term legacy systems means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure owned by the FAA that were deployed prior to the year 2000, including the Notice to Air Missions (NOTAM) system. (3) Outdated, insufficient, unsafe, or unstable \nThe term outdated, insufficient, unsafe, or unstable means a legacy system for which the likelihood of failure creates a risk to air safety or security due to the legacy system's age, ability to be cost-effectively maintained, or any other factors that may compromise the performance or security of the legacy system. Such term includes a legacy system with a risk of a single point of failure or that lacks sufficient back-up capability in the event of a failure.", "id": "id7f8544ab-43e7-456b-8365-d652894daec2", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "408. Aeronautical mobile communications services \n(a) Satellite voice communications services \nThe Administrator shall evaluate the addition of satellite voice communication services (referred to in this section as SatVoice ) to the Aeronautical Mobile Communications program (in this section referred to as the AMCS program ) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace. (b) Analysis and implementation procedures \nNot later than 120 days after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and stated implementation procedures for SatVoice instructions over the FAA’s controlled oceanic and remote continental airspace regions. (c) Requirements \nThe analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following: (1) Network and protocol testing and integration with satellite service providers. (2) Operational testing with aircraft to identify and resolve performance issues. (3) Collaboration with the International Civil Aviation Organization in defining Satcom Standards and Recommended Practices (SARPs), which shall include an RCP-130 performance standard as well as SatVoice standards. (4) Training of radio operators on new operation procedures and protocols. (5) A phased implementation plan for incorporating SatVoice services into the AMCS program. (6) The estimated cost of the implementation procedures for relevant stakeholders. (d) HF/VHF minimum equipage \nThe addition of SatVoice capability as an added means of communication in oceanic and remote continental airspace shall in no way affect the current HF/VHF equipage requirement for communications in such airspace. The Administrator shall maintain existing HF/VHF services as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.", "id": "id10472eb0-dedd-4fcb-ab4c-256ad852a0b1", "header": "Aeronautical mobile communications services", "nested": [ { "text": "(a) Satellite voice communications services \nThe Administrator shall evaluate the addition of satellite voice communication services (referred to in this section as SatVoice ) to the Aeronautical Mobile Communications program (in this section referred to as the AMCS program ) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace.", "id": "id3fd5a2ec-5076-41ec-9ce4-7474caf2e7ab", "header": "Satellite voice communications services", "nested": [], "links": [] }, { "text": "(b) Analysis and implementation procedures \nNot later than 120 days after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and stated implementation procedures for SatVoice instructions over the FAA’s controlled oceanic and remote continental airspace regions.", "id": "id2c158341-b33c-439e-a97e-debd13b15f4c", "header": "Analysis and implementation procedures", "nested": [], "links": [] }, { "text": "(c) Requirements \nThe analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following: (1) Network and protocol testing and integration with satellite service providers. (2) Operational testing with aircraft to identify and resolve performance issues. (3) Collaboration with the International Civil Aviation Organization in defining Satcom Standards and Recommended Practices (SARPs), which shall include an RCP-130 performance standard as well as SatVoice standards. (4) Training of radio operators on new operation procedures and protocols. (5) A phased implementation plan for incorporating SatVoice services into the AMCS program. (6) The estimated cost of the implementation procedures for relevant stakeholders.", "id": "id71c90c94-b5a3-4f9a-8b27-2a16359b9fd9", "header": "Requirements", "nested": [], "links": [] }, { "text": "(d) HF/VHF minimum equipage \nThe addition of SatVoice capability as an added means of communication in oceanic and remote continental airspace shall in no way affect the current HF/VHF equipage requirement for communications in such airspace. The Administrator shall maintain existing HF/VHF services as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.", "id": "idf9031379-1725-4b02-82f1-9d5fa6357a69", "header": "HF/VHF minimum equipage", "nested": [], "links": [] } ], "links": [] }, { "text": "409. Low-altitude routes for vertical flight \n(a) Sense of Congress \nIt is the sense of Congress that the national airspace system requires additional rotorcraft, including advanced air mobility aircraft, low-altitude instrument flight rules routes leveraging advances in performance based navigation to operate on direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic. (b) Low-altitude rotorcraft instrument flight routes \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall initiate a rulemaking process to— (A) incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure; and (B) prioritize the development of new helicopter area navigation (RNAV) instrument flight rules routes, acting through notice and comment rulemaking, as part of the United States air traffic service route (ATS) structure that utilize performance based navigation, such as Global Positioning System (GPS) and Global Navigation Satellite System (GNSS) equipment. (2) Consultation \nIn carrying out the rulemaking process under paragraph (1), the Administrator shall consult with— (A) stakeholders in the airport, heliport, rotorcraft manufacturer, rotorcraft operator, general aviation operator, commercial air carrier, and performance based navigation technology manufacturer sectors; (B) the United States Helicopter Safety Team; and (C) other stakeholders determined appropriate by the Administrator.", "id": "id60c6f462-db91-45d9-9ca8-18da1d5ef873", "header": "Low-altitude routes for vertical flight", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the national airspace system requires additional rotorcraft, including advanced air mobility aircraft, low-altitude instrument flight rules routes leveraging advances in performance based navigation to operate on direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic.", "id": "id471e738e-496d-4caa-b8b3-403a3b99ca9a", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Low-altitude rotorcraft instrument flight routes \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall initiate a rulemaking process to— (A) incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure; and (B) prioritize the development of new helicopter area navigation (RNAV) instrument flight rules routes, acting through notice and comment rulemaking, as part of the United States air traffic service route (ATS) structure that utilize performance based navigation, such as Global Positioning System (GPS) and Global Navigation Satellite System (GNSS) equipment. (2) Consultation \nIn carrying out the rulemaking process under paragraph (1), the Administrator shall consult with— (A) stakeholders in the airport, heliport, rotorcraft manufacturer, rotorcraft operator, general aviation operator, commercial air carrier, and performance based navigation technology manufacturer sectors; (B) the United States Helicopter Safety Team; and (C) other stakeholders determined appropriate by the Administrator.", "id": "idcca8a866-84ce-4636-b49a-0dff3dadb69b", "header": "Low-altitude rotorcraft instrument flight routes", "nested": [], "links": [] } ], "links": [] }, { "text": "410. ADS-B out equipage study; Vehicle-to-Vehicle link program \n(a) Study and briefing on ADS-B out equipage \n(1) Study \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study to determine— (A) the number of aircraft registered in the United States and other devices operating in the airspace of the United States that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment; (B) the requirements for and impact of expanding the dual-link architecture that is used below an altitude of FL180 to any altitude below the current radar floor; (C) the costs and benefits of equipage; and (D) the cost and benefits of any accommodation made for aircraft with inoperable ADS-B out equipment. (2) Annual briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter through 2025, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1), including any updates thereof. (b) Vehicle-to-Vehicle link program \nNot later than 270 days after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance Vehicle-to-Vehicle link programs that— (1) enable the real-time digital exchange of key information between nearby aircraft; and (2) are not reliant on ground infrastructure or air-to-ground communication links.", "id": "idb5d03266-8874-43af-8295-248d1d115437", "header": "ADS-B out equipage study; Vehicle-to-Vehicle link program", "nested": [ { "text": "(a) Study and briefing on ADS-B out equipage \n(1) Study \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study to determine— (A) the number of aircraft registered in the United States and other devices operating in the airspace of the United States that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment; (B) the requirements for and impact of expanding the dual-link architecture that is used below an altitude of FL180 to any altitude below the current radar floor; (C) the costs and benefits of equipage; and (D) the cost and benefits of any accommodation made for aircraft with inoperable ADS-B out equipment. (2) Annual briefings \nNot later than 1 year after the date of enactment of this section, and annually thereafter through 2025, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1), including any updates thereof.", "id": "idc643541b-d6c7-4382-93ea-c64d99507db3", "header": "Study and briefing on ADS-B out equipage", "nested": [], "links": [] }, { "text": "(b) Vehicle-to-Vehicle link program \nNot later than 270 days after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance Vehicle-to-Vehicle link programs that— (1) enable the real-time digital exchange of key information between nearby aircraft; and (2) are not reliant on ground infrastructure or air-to-ground communication links.", "id": "idfcbcdfaa-59d6-42fd-90db-5988456f8632", "header": "Vehicle-to-Vehicle link program", "nested": [], "links": [] } ], "links": [] }, { "text": "411. Extension of enhanced air traffic services pilot program \nSection 547 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40103 note) is amended— (1) by striking subsection (d) and inserting the following: (d) Definitions \n(1) Certain Next Gen avionics \nThe term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020. (2) Preferential basis \nThe term preferential basis means prioritizing aircraft equipped with certain NextGen avionics by providing them more efficient service, shorter queuing, or priority clearances to the maximum extent possible without reducing overall capacity or safety of the national airspace system. ; and (2) in subsection (e), by striking March 8, 2024 and inserting September 30, 2028.", "id": "id1a9e84c5-14d5-4301-b841-98756b8481cc", "header": "Extension of enhanced air traffic services pilot program", "nested": [], "links": [ { "text": "49 U.S.C. 40103", "legal-doc": "usc", "parsable-cite": "usc/49/40103" } ] }, { "text": "412. NextGen equipage plan \n(a) Plan \n(1) In general \nThe Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics in the active commercial and regional fleet of the national airspace system. (2) Contents \nThe plan required under paragraph (1) shall, at a minimum, evaluate and consider recommendations to— (A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage across the active fleet for commercial and regional aircraft; (B) identify any remaining barriers for operators to properly equip with certain NextGen avionics, including any methods to address such barriers; (C) provide for the use of the best methods to highlight and enhance the benefits realizable by operators equipping with certain NextGen avionics; and (D) include any equipage guidelines and regulations the Administrator deems necessary and appropriate. (3) Consultation \nIn developing the plan under paragraph (1), the Administrator shall consult with representatives from— (A) trade associations representing air carriers; (B) trade associations representing avionics manufacturers; (C) labor organizations representing air traffic controllers; and (D) any other representatives the Administrator determines appropriate. (b) Submission of plan \nNot later than 1 year after the date of enactment of this section, the Administrator shall consider the recommendations under subsection (a) and submit to the appropriate committees of Congress the plan required under subsection (a). (c) Rulemaking \nNot later than 180 days after the date on which the plan required under subsection (a) is submitted to the appropriate committees of Congress under subsection (b), the Administrator shall, if the Administrator determines appropriate, initiate a rulemaking proceeding to address one or more of the recommendations contained in the plan. (d) Definition \nIn this section the term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.", "id": "idd5076ba6-d827-4de7-816e-78b674af86fd", "header": "NextGen equipage plan", "nested": [ { "text": "(a) Plan \n(1) In general \nThe Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics in the active commercial and regional fleet of the national airspace system. (2) Contents \nThe plan required under paragraph (1) shall, at a minimum, evaluate and consider recommendations to— (A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage across the active fleet for commercial and regional aircraft; (B) identify any remaining barriers for operators to properly equip with certain NextGen avionics, including any methods to address such barriers; (C) provide for the use of the best methods to highlight and enhance the benefits realizable by operators equipping with certain NextGen avionics; and (D) include any equipage guidelines and regulations the Administrator deems necessary and appropriate. (3) Consultation \nIn developing the plan under paragraph (1), the Administrator shall consult with representatives from— (A) trade associations representing air carriers; (B) trade associations representing avionics manufacturers; (C) labor organizations representing air traffic controllers; and (D) any other representatives the Administrator determines appropriate.", "id": "id53a09683-77cd-4881-af68-10d66bb2d0c8", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Submission of plan \nNot later than 1 year after the date of enactment of this section, the Administrator shall consider the recommendations under subsection (a) and submit to the appropriate committees of Congress the plan required under subsection (a).", "id": "id11160260-3da7-4c56-b7a5-88748d16dcb0", "header": "Submission of plan", "nested": [], "links": [] }, { "text": "(c) Rulemaking \nNot later than 180 days after the date on which the plan required under subsection (a) is submitted to the appropriate committees of Congress under subsection (b), the Administrator shall, if the Administrator determines appropriate, initiate a rulemaking proceeding to address one or more of the recommendations contained in the plan.", "id": "id389dc45f-a7cb-4f46-97b6-88e809e3ce29", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(d) Definition \nIn this section the term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.", "id": "id6d39e582-307b-4fdf-bbdf-9e003f829fb8", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "413. Performance based navigation report and utilization plan \n(a) Report on performance based navigation \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall publish on the website of the FAA a progress report on the utilization, implementation, and operational benefits of performance based navigation (in this section referred to as PBN ) procedures of the FAA within the national airspace system. (2) Contents \nThe report shall include, at a minimum, a detailed implementation plan with respect to the recommendations made by— (A) the PBN Clarification Ad Hoc Team, NextGen Advisory Committee (in this section referred to as the NAC ) Task 19-4 Report completed in November 2020; (B) the Final Report of the Major Air Carrier Performance Based Navigation (PBN) Way Forward Workgroup for the FAA’s PBN Clarification Tasking to the NAC dated June 2020; (C) the NAC Subcommittee Update on Opportunities dated June 2020; (D) the Barriers to Established on Required Navigation Performance Procedures dated November 2019; and (E) the FAA Reauthorization Act of 2018, Section 547 Enhanced Air Traffic Services, NAC Task 20-3 Report dated March 2021. (b) Utilization action plan \n180 days after the completion of the report under subsection (a), the Administrator shall, in consultation with representatives of air traffic controllers, develop an action plan to utilize PBN as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system. (c) Briefing \nNot later than 1 year after the development of the action plan under subsection (b), and annually thereafter, the Administrator shall submit to appropriate committees of Congress a report on the implementation of the action plan, including the utilization rate of PBN as a primary means of navigation.", "id": "ide6da0bb4-24ba-4cee-a61c-e0ad50ba8e83", "header": "Performance based navigation report and utilization plan", "nested": [ { "text": "(a) Report on performance based navigation \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall publish on the website of the FAA a progress report on the utilization, implementation, and operational benefits of performance based navigation (in this section referred to as PBN ) procedures of the FAA within the national airspace system. (2) Contents \nThe report shall include, at a minimum, a detailed implementation plan with respect to the recommendations made by— (A) the PBN Clarification Ad Hoc Team, NextGen Advisory Committee (in this section referred to as the NAC ) Task 19-4 Report completed in November 2020; (B) the Final Report of the Major Air Carrier Performance Based Navigation (PBN) Way Forward Workgroup for the FAA’s PBN Clarification Tasking to the NAC dated June 2020; (C) the NAC Subcommittee Update on Opportunities dated June 2020; (D) the Barriers to Established on Required Navigation Performance Procedures dated November 2019; and (E) the FAA Reauthorization Act of 2018, Section 547 Enhanced Air Traffic Services, NAC Task 20-3 Report dated March 2021.", "id": "ida9d5befe-f1e7-4bdd-8ade-b10e9cded5f1", "header": "Report on performance based navigation", "nested": [], "links": [] }, { "text": "(b) Utilization action plan \n180 days after the completion of the report under subsection (a), the Administrator shall, in consultation with representatives of air traffic controllers, develop an action plan to utilize PBN as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system.", "id": "idfc402829-8190-45b2-a84f-2835482fb556", "header": "Utilization action plan", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 1 year after the development of the action plan under subsection (b), and annually thereafter, the Administrator shall submit to appropriate committees of Congress a report on the implementation of the action plan, including the utilization rate of PBN as a primary means of navigation.", "id": "id2ff5cbc4-20ed-4db4-9f77-8651ebbec369", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "414. Air traffic control facility realignment study \n(a) Examination \n(1) In general \nNot later than 180 days after the date of enactment, the Administrator shall contract with a Federally funded research and development center to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management. (2) Contents \nThe examination shall: (A) Evaluate the potential efficiencies that may result from a reorganization. (B) Identify whether certain areas prone to congestion or staff shortages would benefit from enhanced flexibilities. (C) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment. (3) Consultation \nIn carrying out this section, the Federally funded research and development center shall consult with representatives of labor organizations representing air traffic control system employees of the FAA. (b) Reports \n(1) To the Administrator \nNot later than September 30, 2025, the Federally funded research and development center shall submit to the Administrator a report regarding the examination under subsection (a), along with recommendations related to consolidation or reorganization of FAA-owned air traffic control work facilities and locations. (2) To Congress \n(A) Briefing \nNot later than 60 days after receiving the recommendations under paragraph (1), the Administrator shall brief the appropriate committees of Congress. (B) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study under subsection (a) and any recommendations related to consolidation or reorganization of FAA-owned air traffic control work facilities and locations.", "id": "id82d8159d062a439b97cf6b217381d065", "header": "Air traffic control facility realignment study", "nested": [ { "text": "(a) Examination \n(1) In general \nNot later than 180 days after the date of enactment, the Administrator shall contract with a Federally funded research and development center to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management. (2) Contents \nThe examination shall: (A) Evaluate the potential efficiencies that may result from a reorganization. (B) Identify whether certain areas prone to congestion or staff shortages would benefit from enhanced flexibilities. (C) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment. (3) Consultation \nIn carrying out this section, the Federally funded research and development center shall consult with representatives of labor organizations representing air traffic control system employees of the FAA.", "id": "id1c0b3ebc92944d938b2dfd846d5bf1d9", "header": "Examination", "nested": [], "links": [] }, { "text": "(b) Reports \n(1) To the Administrator \nNot later than September 30, 2025, the Federally funded research and development center shall submit to the Administrator a report regarding the examination under subsection (a), along with recommendations related to consolidation or reorganization of FAA-owned air traffic control work facilities and locations. (2) To Congress \n(A) Briefing \nNot later than 60 days after receiving the recommendations under paragraph (1), the Administrator shall brief the appropriate committees of Congress. (B) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study under subsection (a) and any recommendations related to consolidation or reorganization of FAA-owned air traffic control work facilities and locations.", "id": "idd5a5429be2824602adb0e44326495c75", "header": "Reports", "nested": [], "links": [] } ], "links": [] }, { "text": "415. Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures \nNot later than 6 months after the date of enactment of this section, the Administrator shall update FAA standards to allow distribution and use of the Capstone Restricted Routes and Terminal Procedures by modern Wide Area Augmentation System (WAAS) equipped navigation equipment. The updated FAA standards shall provide a means for allowing modifications and continued development of new routes and procedures proposed by air carriers operating such routes.", "id": "idf343d14311d445cd907bdbce1526f860", "header": "Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures", "nested": [], "links": [] }, { "text": "416. Protection of safe and efficient use of airspace at airports \n(a) Airspace review process requirements \nThe Administrator shall consider the following additional factors in the evaluation of cumulative impacts when making a determination of hazard or no hazard, or objection or no objection, as applicable, under part 77 of title 14, Code of Federal Regulations, regarding proposed construction or alteration within 3 miles of the runway ends and runway centerlines (as depicted in the airport’s FAA-approved Airport Layout Plan (ALP)) on any land not owned by any such airport: (1) The accumulation and spacing of structures or other obstructions that might constrain radar or communication capabilities, thereby reducing an airport’s capacity, flight procedure minimums or availability, or aircraft takeoff or landing capabilities. (2) Safety risks of lasers, lights, or light sources inclusive of lighted billboards and screens, affixed to structures, that may pose hazards to air navigation. (3) Water features or hazardous wildlife attractants, as defined by the FAA. (4) Impacts to visual flight rule (VFR) traffic patterns for both fixed and rotary wing aircraft, inclusive of special VFR procedures established by Letters of Agreement between air traffic facilities, the airport, and flight operators. (5) Impacts to FAA-funded airport improvement projects, improvements depicted on or described in FAA-approved Airport Layout Plans and master plans, and preservation of the navigable airspace necessary for achieving the objectives and utilization of these projects and plans. (b) Required information \nA notice submitted under part 77 of title 14, Code of Federal Regulations, shall include the following: (1) Actual designs of an entire project and property, without regard to whether a proposed construction or alteration within 3 miles of the airport’s runway ends and runway centerlines as depicted in the FAA-approved Airport Layout Plan is limited to a singular location on a property. (2) If there are any changes or addition of equipment, such as cranes used to construct a building, to such designs after submission of such a notice, all information included with the notice submitted before such change or addition shall be resubmitted, along with information regarding the change or addition. (c) Expiration \nUnless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. If expired, such determinations are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation. (d) Authority to consolidate OEI surface criteria \nThe Administrator may develop a single set of One Engine Inoperative (OEI) surface criteria that is specific to an airport. The Administrator shall consult with the airport operator and flight operators that use such airport, on the development of such surface criteria. (e) Development of policies to protect OEI surfaces \nNot later than 6 months after the date of enactment of this section, the Administrator shall brief Congress regarding the status of the FAA’s efforts to protect OEI surfaces from encroachment at United States certificated and Federally obligated airports, including the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) processes. (f) Authority to consult with other agencies \nThe Administrator may consult with other Federal, State, or local agencies as necessary to carry out the requirements of this section. (g) Applicability \nThis section shall only apply to an airport in a county adjacent to 2 States with converging intersecting cross runway operations within 12 nautical miles of an Air Force base.", "id": "ida3897168598a4e63b92686da42e5d0a5", "header": "Protection of safe and efficient use of airspace at airports", "nested": [ { "text": "(a) Airspace review process requirements \nThe Administrator shall consider the following additional factors in the evaluation of cumulative impacts when making a determination of hazard or no hazard, or objection or no objection, as applicable, under part 77 of title 14, Code of Federal Regulations, regarding proposed construction or alteration within 3 miles of the runway ends and runway centerlines (as depicted in the airport’s FAA-approved Airport Layout Plan (ALP)) on any land not owned by any such airport: (1) The accumulation and spacing of structures or other obstructions that might constrain radar or communication capabilities, thereby reducing an airport’s capacity, flight procedure minimums or availability, or aircraft takeoff or landing capabilities. (2) Safety risks of lasers, lights, or light sources inclusive of lighted billboards and screens, affixed to structures, that may pose hazards to air navigation. (3) Water features or hazardous wildlife attractants, as defined by the FAA. (4) Impacts to visual flight rule (VFR) traffic patterns for both fixed and rotary wing aircraft, inclusive of special VFR procedures established by Letters of Agreement between air traffic facilities, the airport, and flight operators. (5) Impacts to FAA-funded airport improvement projects, improvements depicted on or described in FAA-approved Airport Layout Plans and master plans, and preservation of the navigable airspace necessary for achieving the objectives and utilization of these projects and plans.", "id": "idb868beb40072497b9ae2cb891fe14214", "header": "Airspace review process requirements", "nested": [], "links": [] }, { "text": "(b) Required information \nA notice submitted under part 77 of title 14, Code of Federal Regulations, shall include the following: (1) Actual designs of an entire project and property, without regard to whether a proposed construction or alteration within 3 miles of the airport’s runway ends and runway centerlines as depicted in the FAA-approved Airport Layout Plan is limited to a singular location on a property. (2) If there are any changes or addition of equipment, such as cranes used to construct a building, to such designs after submission of such a notice, all information included with the notice submitted before such change or addition shall be resubmitted, along with information regarding the change or addition.", "id": "id57a9a44a35de4f0fb27491c263dd7d30", "header": "Required information", "nested": [], "links": [] }, { "text": "(c) Expiration \nUnless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. If expired, such determinations are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation.", "id": "id7a6b0b62b0f347fe9d0693c77f9b8ff1", "header": "Expiration", "nested": [], "links": [] }, { "text": "(d) Authority to consolidate OEI surface criteria \nThe Administrator may develop a single set of One Engine Inoperative (OEI) surface criteria that is specific to an airport. The Administrator shall consult with the airport operator and flight operators that use such airport, on the development of such surface criteria.", "id": "idec6ca62d8f4b4ddea47ac09914d664f2", "header": "Authority to consolidate OEI surface criteria", "nested": [], "links": [] }, { "text": "(e) Development of policies to protect OEI surfaces \nNot later than 6 months after the date of enactment of this section, the Administrator shall brief Congress regarding the status of the FAA’s efforts to protect OEI surfaces from encroachment at United States certificated and Federally obligated airports, including the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) processes.", "id": "id47cb812f52bb4c638dea5f296c5f60d7", "header": "Development of policies to protect OEI surfaces", "nested": [], "links": [] }, { "text": "(f) Authority to consult with other agencies \nThe Administrator may consult with other Federal, State, or local agencies as necessary to carry out the requirements of this section.", "id": "id83ba5c4a69d24734a12d3f14fdf01daa", "header": "Authority to consult with other agencies", "nested": [], "links": [] }, { "text": "(g) Applicability \nThis section shall only apply to an airport in a county adjacent to 2 States with converging intersecting cross runway operations within 12 nautical miles of an Air Force base.", "id": "id90bb81ae37894443af5af2a5b357aeb3", "header": "Applicability", "nested": [], "links": [] } ], "links": [] }, { "text": "417. ASOS/AWOS service report dashboard \n(a) In general \nThe applicable Administrators shall work in collaboration to collect the real-time service status of all automated surface observation systems/automated weather observing systems (in this section referred to as ASOS/AWOS ). (b) Availability of results \n(1) In general \nThe applicable Administrators shall make available on a publicly available internet website the following: (A) The service status of all ASOS/AWOS. (B) Any actions to repair or replace ASOS/AWOS that are out of service due to technical or weather-related events, including an estimated timeline to return the systems to service. (C) A portal on such publicly available internet website for the reporting of ASOS/AWOS outages to be utilized by commercial aviation, airports, and other industry interests as determined by the applicable Administrators. (2) Data files \nThe Administrators described in subsection (a) shall make available the underlying data in paragraph (1) for each ASOS/AWOS in a machine-readable format. (c) Applicable Administrators \nIn this section, the term applicable Administrators means— (1) the Administrator of the Federal Aviation Administration; and (2) the Administrator of the National Oceanic and Atmospheric Administration.", "id": "id8e6a5525623f44ea89797e1d3f425d26", "header": "ASOS/AWOS service report dashboard", "nested": [ { "text": "(a) In general \nThe applicable Administrators shall work in collaboration to collect the real-time service status of all automated surface observation systems/automated weather observing systems (in this section referred to as ASOS/AWOS ).", "id": "idd86c80664fc74fbca6dd3158618c8412", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Availability of results \n(1) In general \nThe applicable Administrators shall make available on a publicly available internet website the following: (A) The service status of all ASOS/AWOS. (B) Any actions to repair or replace ASOS/AWOS that are out of service due to technical or weather-related events, including an estimated timeline to return the systems to service. (C) A portal on such publicly available internet website for the reporting of ASOS/AWOS outages to be utilized by commercial aviation, airports, and other industry interests as determined by the applicable Administrators. (2) Data files \nThe Administrators described in subsection (a) shall make available the underlying data in paragraph (1) for each ASOS/AWOS in a machine-readable format.", "id": "idfc562e4bd6864d5ea32e48cc55fbd5c8", "header": "Availability of results", "nested": [], "links": [] }, { "text": "(c) Applicable Administrators \nIn this section, the term applicable Administrators means— (1) the Administrator of the Federal Aviation Administration; and (2) the Administrator of the National Oceanic and Atmospheric Administration.", "id": "id9302fbf8400c4c7ba136322306fd15dd", "header": "Applicable Administrators", "nested": [], "links": [] } ], "links": [] }, { "text": "418. Upgrading and replacing aging air traffic systems \n(a) Study \n(1) In general \nPursuant to the authority of authorized expenditures in section 48101(c)(1) of title 49, United States Code, not later than 60 days after the date of enactment of this Act, the Administrator shall enter into an agreement with a qualified organization to conduct a study to assess the need for upgrades to or replacement of existing automated surface observation systems/automated weather observing systems (in this section referred to as ASOS/AWOS ). (2) Contents \nThe study conducted under paragraph (1) shall include an analysis of— (A) the age of each ASOS/AWOS; (B) the number of days in the immediate preceding calendar year that each ASOS/AWOS was not able to accurately communicate or disseminate data for any period of time; (C) impacts of extreme severe weather on ASOS/AWOS outages; (D) the effective coverage of the existing ASOS/AWOS; (E) detailed upgrade requirements for each existing ASOS/AWOS, including an assessment of whether replacement would be the most cost-effective recommendation; (F) prior maintenance expenditures for each existing ASOS/AWOS; (G) a description of all upgrades or replacements made by the FAA to ASOS/AWOS prior to the date of enactment of this Act; (H) impacts of an outage or break in service in the FAA Telecommunications Infrastructure; and (I) any other area determined appropriate by the Administrator. (b) Report \nNot later than 18 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a). Such report shall include— (1) a plan for executing upgrades to or replacements of existing ASOS/AWOS; (2) a plan for converting and upgrading existing ASOS/AWOS communications to the FAA Telecommunications Infrastructure; (3) an assessment of the use of unmonitored Navigational Aids (NAVAIDs) to allow for alternate airport planning for commercial and cargo aviation to limit ASOS/AWOS service disruptions; (4) an evaluation of additional alternative methods of compliance for obtaining weather elements that would be as sufficient as current data received through ASOS/AWOS; and (5) any other item determined appropriate by the Administrator. (c) Application \nThe study under subsection (a) and the report under subsection (b) shall only address ASOS/AWOS located in non-contiguous States.", "id": "id118d90218ed54940813b8c5f025e21d0", "header": "Upgrading and replacing aging air traffic systems", "nested": [ { "text": "(a) Study \n(1) In general \nPursuant to the authority of authorized expenditures in section 48101(c)(1) of title 49, United States Code, not later than 60 days after the date of enactment of this Act, the Administrator shall enter into an agreement with a qualified organization to conduct a study to assess the need for upgrades to or replacement of existing automated surface observation systems/automated weather observing systems (in this section referred to as ASOS/AWOS ). (2) Contents \nThe study conducted under paragraph (1) shall include an analysis of— (A) the age of each ASOS/AWOS; (B) the number of days in the immediate preceding calendar year that each ASOS/AWOS was not able to accurately communicate or disseminate data for any period of time; (C) impacts of extreme severe weather on ASOS/AWOS outages; (D) the effective coverage of the existing ASOS/AWOS; (E) detailed upgrade requirements for each existing ASOS/AWOS, including an assessment of whether replacement would be the most cost-effective recommendation; (F) prior maintenance expenditures for each existing ASOS/AWOS; (G) a description of all upgrades or replacements made by the FAA to ASOS/AWOS prior to the date of enactment of this Act; (H) impacts of an outage or break in service in the FAA Telecommunications Infrastructure; and (I) any other area determined appropriate by the Administrator.", "id": "id2d5e915fc1a84636a6eba80ebe2f1b2c", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 18 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a). Such report shall include— (1) a plan for executing upgrades to or replacements of existing ASOS/AWOS; (2) a plan for converting and upgrading existing ASOS/AWOS communications to the FAA Telecommunications Infrastructure; (3) an assessment of the use of unmonitored Navigational Aids (NAVAIDs) to allow for alternate airport planning for commercial and cargo aviation to limit ASOS/AWOS service disruptions; (4) an evaluation of additional alternative methods of compliance for obtaining weather elements that would be as sufficient as current data received through ASOS/AWOS; and (5) any other item determined appropriate by the Administrator.", "id": "idd595efb848f14c9fb7f62ccdd13b4aa1", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Application \nThe study under subsection (a) and the report under subsection (b) shall only address ASOS/AWOS located in non-contiguous States.", "id": "id94bea593d579468480608637aad5f458", "header": "Application", "nested": [], "links": [] } ], "links": [] }, { "text": "419. Washington, D.C. Metropolitan Area Special Flight Rules Area \n(a) Submission of plan to Congress \nNot later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Homeland Security and the Secretary of Defense, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a plan for the Special Flight Rules Area and the Flight Restricted Zone. (b) Contents of plan \nThe plan described in subsection (a) shall outline specific proposed changes to the Special Flight Rules Area and the Flight Restricted Zone that will decrease operational impacts and improve general aviation access to airports in the National Capital Region that are currently impacted by the Special Flight Rules Area and the Flight Restricted Zone. (c) Briefing \nNot later than 180 days after the date of enactment of this Act, the Administrator shall provide to the committees of Congress described in subsection (a) a briefing on the feasibility (including any associated costs) of— (1) installing equipment that allows a pilot to communicate with air traffic control using a VHF radio for the purposes of receiving an instrument flight rules ( IFR ) clearance, activating a DC FRZ flight plan, or activating a DC SFRA flight plan (as applicable) at— (A) non-towered airports in the Flight Restricted Zone; and (B) airports in the Special Flight Rules Area that do not have the communications equipment described in this paragraph; (2) allowing a pilot approved by the Transportation Security Administration in accordance with section 1562.3 of title 49, Code of Federal Regulations, to electronically file a DC FRZ flight plan or IFR flight plan that departs from, or arrives at, an airport in the Flight Restricted Zone; and (3) allowing a pilot to electronically file a standard VFR flight plan that departs from, or arrives at, an airport in the Special Flight Rules Area or Flight Restricted Zone. (d) Definitions \nIn this section: (1) DC FRZ flight plan; DC SFRA flight plan \nThe terms DC FRZ flight plan and DC SFRA flight plan have the meanings given those terms in section 93.335 of title 14, Code of Federal Regulations. (2) Standard VFR flight plan \nThe term standard VFR flight plan means a VFR flight plan (as such term is described in section 91.153 of title 14, Code of Federal Regulations) that includes search and rescue services.", "id": "id80d14ec59227452eb15953e671f3dab2", "header": "Washington, D.C. Metropolitan Area Special Flight Rules Area", "nested": [ { "text": "(a) Submission of plan to Congress \nNot later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Homeland Security and the Secretary of Defense, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a plan for the Special Flight Rules Area and the Flight Restricted Zone.", "id": "id88c55bec66234705aa455166a95831bb", "header": "Submission of plan to Congress", "nested": [], "links": [] }, { "text": "(b) Contents of plan \nThe plan described in subsection (a) shall outline specific proposed changes to the Special Flight Rules Area and the Flight Restricted Zone that will decrease operational impacts and improve general aviation access to airports in the National Capital Region that are currently impacted by the Special Flight Rules Area and the Flight Restricted Zone.", "id": "ida2bf5a8b53a7464db5be6090878aed75", "header": "Contents of plan", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 180 days after the date of enactment of this Act, the Administrator shall provide to the committees of Congress described in subsection (a) a briefing on the feasibility (including any associated costs) of— (1) installing equipment that allows a pilot to communicate with air traffic control using a VHF radio for the purposes of receiving an instrument flight rules ( IFR ) clearance, activating a DC FRZ flight plan, or activating a DC SFRA flight plan (as applicable) at— (A) non-towered airports in the Flight Restricted Zone; and (B) airports in the Special Flight Rules Area that do not have the communications equipment described in this paragraph; (2) allowing a pilot approved by the Transportation Security Administration in accordance with section 1562.3 of title 49, Code of Federal Regulations, to electronically file a DC FRZ flight plan or IFR flight plan that departs from, or arrives at, an airport in the Flight Restricted Zone; and (3) allowing a pilot to electronically file a standard VFR flight plan that departs from, or arrives at, an airport in the Special Flight Rules Area or Flight Restricted Zone.", "id": "idcc487df9eb10471591ad0dedecd4794c", "header": "Briefing", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) DC FRZ flight plan; DC SFRA flight plan \nThe terms DC FRZ flight plan and DC SFRA flight plan have the meanings given those terms in section 93.335 of title 14, Code of Federal Regulations. (2) Standard VFR flight plan \nThe term standard VFR flight plan means a VFR flight plan (as such term is described in section 91.153 of title 14, Code of Federal Regulations) that includes search and rescue services.", "id": "id63f4b5bba9db4163a516f30c5733bf5c", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "501. Aviation workforce development grants \n(a) In general \nSection 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce. ; (2) in subsection (b)— (A) in paragraph (1), by striking 2023 each place it appears and inserting 2028 ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph: (2) Additional funding \nIn addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated— (A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); (B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); and (C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3). ; (D) in paragraph (3), as redesignated by subparagraph (B), by inserting (or, in the case of fiscal years 2024 through 2028, $1,000,000) after $500,000 ; and (E) by adding at the end the following: (4) Set aside for technical assistance \nThe Secretary, in consultation with the Secretary of Education, may set aside up to 2 percent of the funds appropriated to carry out this section for each of fiscal years 2024 through 2028 to provide technical assistance to accredited institutions of higher education and post-secondary vocational institutions applying for a project grant under this section. (5) Consideration for certain applicants \nIn reviewing and selecting applications for grants under the programs established under subsection (a), the Secretary may give consideration to applicants that— (A) provide an assurance— (i) to use grant funds to encourage the participation of populations that are underrepresented in the aviation industry, including women, minorities, and individuals in economically disadvantaged geographic areas and rural communities, including to address the workforce needs of rural and regional airports; or (ii) to strengthen aviation programs at a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) )), a public institution of higher education, or a public postsecondary vocational institution. ; (3) in subsection (c)— (A) in paragraph (1)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), after ( 20 U.S.C. 1001 )) ; (B) in paragraph (2)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), after ( 20 U.S.C. 1001 )) ; and (C) by adding at the end the following new paragraph: (3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, or a credible applicant for such a certificate as determined by the Secretary; (B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (C) a State or local governmental entity. ; (4) by striking subsection (d) and inserting the following: (d) Eligible projects \nFor purposes of a program established under subsection (a), an eligible project is a project— (1) to create and deliver a program designed to provide high school students and students at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (2) to support the professional development of teachers and other educators implementing a program described in paragraph (1); (3) to establish new educational programs that teach technical skills used by aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including purchasing equipment, or to improve existing such programs; (4) to establish scholarships or registered apprenticeships for individuals pursuing employment as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (5) to support outreach about careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)) to— (A) students enrolled at a primary, secondary, or post-secondary school or a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); or (B) communities underrepresented in the applicable industry, including women, minorities, and individuals in economically disadvantaged geographic areas and rural communities; (6) to support educational opportunities in both urban and rural areas; (7) to support transition to careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including for veterans and members of the Armed Forces; or (8) to otherwise enhance or expand the aircraft pilot, aerospace engineer, unmanned aircraft system operator workforces, aviation maintenance technical worker, or aviation manufacturing technical worker workforces. ; (5) in subsection (e) (A) in paragraph (1)— (i) by inserting aviation manufacturers, after repair stations, and (ii) by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) give priority to applicants who partner with, or establish links between, secondary schools and post-secondary schools and who work collaboratively or participate in industry or sector partnerships. ; and (6) by adding at the end the following new subsection: (f) Consultation with the Secretary of Education \nThe Secretary may consult with the Secretary of Education in— (1) developing the design of the grant application under this section; (2) reviewing and selecting applications for grants for eligible projects under this section; and (3) establishing considerations regarding program quality and measurement of student outcomes.. (b) Conforming amendment \nSection 48105 of title 49, United States Code, is amended— (1) in paragraph (4), by striking 2023 and inserting 2028 ; and (2) by striking paragraph (5). (c) National strategic plan for aviation workforce development \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including— (A) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and (B) any situation or condition that warrants special attention by the Federal Government. (2) Requirements \nThe national strategic plan established under paragraph (1) shall— (A) take into account the activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such national strategic plan; (B) include recommendations for how the Federal Government can conduct outreach to historically underserved communities in the development of the aviation talent pipeline as part of the national strategic plan; and (C) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan.", "id": "idd64d8dc3-aabe-4e11-be58-513f8372f9e2", "header": "Aviation workforce development grants", "nested": [ { "text": "(a) In general \nSection 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce. ; (2) in subsection (b)— (A) in paragraph (1), by striking 2023 each place it appears and inserting 2028 ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph: (2) Additional funding \nIn addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated— (A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); (B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); and (C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3). ; (D) in paragraph (3), as redesignated by subparagraph (B), by inserting (or, in the case of fiscal years 2024 through 2028, $1,000,000) after $500,000 ; and (E) by adding at the end the following: (4) Set aside for technical assistance \nThe Secretary, in consultation with the Secretary of Education, may set aside up to 2 percent of the funds appropriated to carry out this section for each of fiscal years 2024 through 2028 to provide technical assistance to accredited institutions of higher education and post-secondary vocational institutions applying for a project grant under this section. (5) Consideration for certain applicants \nIn reviewing and selecting applications for grants under the programs established under subsection (a), the Secretary may give consideration to applicants that— (A) provide an assurance— (i) to use grant funds to encourage the participation of populations that are underrepresented in the aviation industry, including women, minorities, and individuals in economically disadvantaged geographic areas and rural communities, including to address the workforce needs of rural and regional airports; or (ii) to strengthen aviation programs at a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) )), a public institution of higher education, or a public postsecondary vocational institution. ; (3) in subsection (c)— (A) in paragraph (1)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), after ( 20 U.S.C. 1001 )) ; (B) in paragraph (2)(B), by inserting , a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), after ( 20 U.S.C. 1001 )) ; and (C) by adding at the end the following new paragraph: (3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, or a credible applicant for such a certificate as determined by the Secretary; (B) an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and (C) a State or local governmental entity. ; (4) by striking subsection (d) and inserting the following: (d) Eligible projects \nFor purposes of a program established under subsection (a), an eligible project is a project— (1) to create and deliver a program designed to provide high school students and students at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (2) to support the professional development of teachers and other educators implementing a program described in paragraph (1); (3) to establish new educational programs that teach technical skills used by aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including purchasing equipment, or to improve existing such programs; (4) to establish scholarships or registered apprenticeships for individuals pursuing employment as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)); (5) to support outreach about careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)) to— (A) students enrolled at a primary, secondary, or post-secondary school or a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); or (B) communities underrepresented in the applicable industry, including women, minorities, and individuals in economically disadvantaged geographic areas and rural communities; (6) to support educational opportunities in both urban and rural areas; (7) to support transition to careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including for veterans and members of the Armed Forces; or (8) to otherwise enhance or expand the aircraft pilot, aerospace engineer, unmanned aircraft system operator workforces, aviation maintenance technical worker, or aviation manufacturing technical worker workforces. ; (5) in subsection (e) (A) in paragraph (1)— (i) by inserting aviation manufacturers, after repair stations, and (ii) by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) give priority to applicants who partner with, or establish links between, secondary schools and post-secondary schools and who work collaboratively or participate in industry or sector partnerships. ; and (6) by adding at the end the following new subsection: (f) Consultation with the Secretary of Education \nThe Secretary may consult with the Secretary of Education in— (1) developing the design of the grant application under this section; (2) reviewing and selecting applications for grants for eligible projects under this section; and (3) establishing considerations regarding program quality and measurement of student outcomes..", "id": "id46775a69-a395-4e87-998f-bd0bb0d05714", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" } ] }, { "text": "(b) Conforming amendment \nSection 48105 of title 49, United States Code, is amended— (1) in paragraph (4), by striking 2023 and inserting 2028 ; and (2) by striking paragraph (5).", "id": "ide1cadcff-833a-4da7-9160-4fb7ec8dc514", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) National strategic plan for aviation workforce development \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including— (A) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and (B) any situation or condition that warrants special attention by the Federal Government. (2) Requirements \nThe national strategic plan established under paragraph (1) shall— (A) take into account the activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such national strategic plan; (B) include recommendations for how the Federal Government can conduct outreach to historically underserved communities in the development of the aviation talent pipeline as part of the national strategic plan; and (C) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan.", "id": "id6822cd45-c3b2-4e5b-ad7a-ff6f3a80fb46", "header": "National strategic plan for aviation workforce development", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" } ] }, { "text": "502. Women in Aviation Advisory Committee \n(a) Establishment \nThere is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the Committee ). (b) Membership \n(1) Composition \n(A) In general \nSubject to subparagraph (C), the Committee shall be composed of up to 16 members appointed by the Secretary, including representatives from the following: (i) Passenger and cargo air carriers operating under part 121 of title 14, Code of Federal Regulations. (ii) Aircraft manufacturers and aerospace companies. (iii) Nonprofit organizations within the aviation industry, including at least 1 State aviation agency. (iv) Airport operators and employees. (v) Aviation business associations. (vi) Engineering business associations. (vii) United States Air Force Auxiliary, Civil Air Patrol. (viii) Institutions of higher education and aviation trade schools. (ix) The Department of Labor. (x) The Department of Education. (xi) Nonprofit labor organizations representing aviation workers, including organizations representing aviation maintenance workers and pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations. (xii) The FAA. (B) Date \nThe appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section. (C) Ex officio members \nThe Secretary shall appoint 1 member from the Office of Civil Rights of the FAA to serve in an ex officio capacity. (2) Subcommittees \nThe Committee may establish subcommittees as the Committee determines appropriate. (3) Chair; subcommittee chairs \nThe Committee— (A) shall select a Chair from among the members of the Committee; and (B) may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate. (4) Term of service \n(A) In general \nEach member of the Committee shall serve until the termination date described in subsection (e). (B) Successors \n(i) Death or resignation \nIf a member of the Committee dies or resigns during their term of service, the Secretary shall designate a successor for the unexpired term of such member. (ii) Expired term \nAny member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary. (5) Administrative support \nThe Secretary shall furnish the Committee logistical and administrative support to enable the Committee to perform its duties. (6) Compensation \nEach member of the Committee shall serve without compensation. (c) Duties \n(1) Advisory role \nThe Committee— (A) shall advise the Secretary and the Administrator on matters related to promoting women in the aviation industry, including education, training, recruitment, retention, and career advancement; (B) shall review and update the recommendations directed to FAA and non-FAA entities produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and recommend how to engage with those entities to improve the implementation of such recommendations; (C) shall coordinate with the Department of Transportation Office of Civil Rights and the FAA's Federal Women's Program to not duplicate the objectives of such program; and (D) shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee. (2) Reports \n(A) Annual report \nNot later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary, and the Administrator a report that contains a detailed statement of the Committee's recommendations under subparagraphs (A) and (B) of paragraph (1), together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate. (B) Additional reports \nThe Committee may submit to Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruiting, retaining, and advancing women in the aviation industry as the Committee determines appropriate. (d) Review of recommendations \nNot later than 60 days after the date on which the Secretary receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates— (1) which recommendations of the Committee that the Secretary has determined the Department of Transportation is able to address and provide an update regarding the implementation of such recommendations on an annual basis; and (2) which such recommendations the Secretary is not able to implement (including any recommendations for legislation) and a rationale for that determination. (e) Sunset \nThe Committee shall terminate on September 30, 2028.", "id": "id1515773f-5477-4969-833d-fdd005c585a1", "header": "Women in Aviation Advisory Committee", "nested": [ { "text": "(a) Establishment \nThere is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the Committee ).", "id": "id266d583f-a8ad-4c4b-b3a7-50285fa90c3f", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) Composition \n(A) In general \nSubject to subparagraph (C), the Committee shall be composed of up to 16 members appointed by the Secretary, including representatives from the following: (i) Passenger and cargo air carriers operating under part 121 of title 14, Code of Federal Regulations. (ii) Aircraft manufacturers and aerospace companies. (iii) Nonprofit organizations within the aviation industry, including at least 1 State aviation agency. (iv) Airport operators and employees. (v) Aviation business associations. (vi) Engineering business associations. (vii) United States Air Force Auxiliary, Civil Air Patrol. (viii) Institutions of higher education and aviation trade schools. (ix) The Department of Labor. (x) The Department of Education. (xi) Nonprofit labor organizations representing aviation workers, including organizations representing aviation maintenance workers and pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations. (xii) The FAA. (B) Date \nThe appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section. (C) Ex officio members \nThe Secretary shall appoint 1 member from the Office of Civil Rights of the FAA to serve in an ex officio capacity. (2) Subcommittees \nThe Committee may establish subcommittees as the Committee determines appropriate. (3) Chair; subcommittee chairs \nThe Committee— (A) shall select a Chair from among the members of the Committee; and (B) may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate. (4) Term of service \n(A) In general \nEach member of the Committee shall serve until the termination date described in subsection (e). (B) Successors \n(i) Death or resignation \nIf a member of the Committee dies or resigns during their term of service, the Secretary shall designate a successor for the unexpired term of such member. (ii) Expired term \nAny member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary. (5) Administrative support \nThe Secretary shall furnish the Committee logistical and administrative support to enable the Committee to perform its duties. (6) Compensation \nEach member of the Committee shall serve without compensation.", "id": "id09a25742-41f1-41de-9004-e0cd8c18e0bf", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \n(1) Advisory role \nThe Committee— (A) shall advise the Secretary and the Administrator on matters related to promoting women in the aviation industry, including education, training, recruitment, retention, and career advancement; (B) shall review and update the recommendations directed to FAA and non-FAA entities produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) and recommend how to engage with those entities to improve the implementation of such recommendations; (C) shall coordinate with the Department of Transportation Office of Civil Rights and the FAA's Federal Women's Program to not duplicate the objectives of such program; and (D) shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee. (2) Reports \n(A) Annual report \nNot later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary, and the Administrator a report that contains a detailed statement of the Committee's recommendations under subparagraphs (A) and (B) of paragraph (1), together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate. (B) Additional reports \nThe Committee may submit to Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruiting, retaining, and advancing women in the aviation industry as the Committee determines appropriate.", "id": "id75df5635-023d-4e36-8143-e75a7c88eca4", "header": "Duties", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "(d) Review of recommendations \nNot later than 60 days after the date on which the Secretary receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates— (1) which recommendations of the Committee that the Secretary has determined the Department of Transportation is able to address and provide an update regarding the implementation of such recommendations on an annual basis; and (2) which such recommendations the Secretary is not able to implement (including any recommendations for legislation) and a rationale for that determination.", "id": "id6f460a0d-738b-4da6-989c-f55d5a13d945", "header": "Review of recommendations", "nested": [], "links": [] }, { "text": "(e) Sunset \nThe Committee shall terminate on September 30, 2028.", "id": "id5cd05c49-aad7-4eb6-93b1-4f0708fe8010", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "503. Study of high school aviation maintenance training programs \n(a) Study \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Comptroller General shall initiate a study to assess the aviation maintenance technician workforce pipeline in the United States, as well as any barriers for students enrolled in high school aviation maintenance programs with respect to— (A) entering airframe and powerplant mechanic programs; or (B) accessing pathways to mechanic certification. (2) Contents \nThe study required under paragraph (1) shall assess the following: (A) The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs. (B) The extent to which high school aviation maintenance programs offer curricula that align with FAA mechanic airman certification standards. (C) The opportunities afforded to students enrolled in alternative or high school maintenance programs partnered with aviation maintenance technician schools (as described in section 147.15 of title 14, Code of Federal Regulations). (D) Alternate paths to a certificated aviation maintenance technician school for the fulfillment of the experience requirements described in section 65.75(c) of such title 14. (E) Any barriers to entry associated with— (i) developing and attaining the knowledge and experience requirements described in section 65.75 and section 147.31 of such title 14; or (ii) access to the mechanic certification process. (F) The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula that assist with building foundational knowledge and skills necessary to attain FAA mechanic certifications and associated ratings. (G) Any barriers to accessing the general knowledge test described in section 65.71(a)(3) of such title 14. (H) Whether allowing mechanic certificate applicants to take the general knowledge test prior to such applicants meeting the relevant experience requirements would present a safety risk. (I) Whether regulatory changes could reduce any barriers described in this paragraph. (b) Report \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report and briefing on the findings of the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Comptroller General deems appropriate.", "id": "id5223d7b3-7ff8-4887-87a2-ed6e7897150a", "header": "Study of high school aviation maintenance training programs", "nested": [ { "text": "(a) Study \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Comptroller General shall initiate a study to assess the aviation maintenance technician workforce pipeline in the United States, as well as any barriers for students enrolled in high school aviation maintenance programs with respect to— (A) entering airframe and powerplant mechanic programs; or (B) accessing pathways to mechanic certification. (2) Contents \nThe study required under paragraph (1) shall assess the following: (A) The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs. (B) The extent to which high school aviation maintenance programs offer curricula that align with FAA mechanic airman certification standards. (C) The opportunities afforded to students enrolled in alternative or high school maintenance programs partnered with aviation maintenance technician schools (as described in section 147.15 of title 14, Code of Federal Regulations). (D) Alternate paths to a certificated aviation maintenance technician school for the fulfillment of the experience requirements described in section 65.75(c) of such title 14. (E) Any barriers to entry associated with— (i) developing and attaining the knowledge and experience requirements described in section 65.75 and section 147.31 of such title 14; or (ii) access to the mechanic certification process. (F) The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula that assist with building foundational knowledge and skills necessary to attain FAA mechanic certifications and associated ratings. (G) Any barriers to accessing the general knowledge test described in section 65.71(a)(3) of such title 14. (H) Whether allowing mechanic certificate applicants to take the general knowledge test prior to such applicants meeting the relevant experience requirements would present a safety risk. (I) Whether regulatory changes could reduce any barriers described in this paragraph.", "id": "ide7da4830-0cfa-4055-85b3-fab61c87f239", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report and briefing on the findings of the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Comptroller General deems appropriate.", "id": "idd5071044-d17b-4a0f-9f28-8405b58622c4", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "504. Military aviation maintenance technicians rule \n(a) Streamlined certification for eligible military maintenance technicians \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, to— (1) create a military mechanic written competency test; and (2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate with airframe or powerplant ratings; and (3) allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the JSAMTCC ) evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a Designated Mechanic Examiner (in this section referred to as a DME ) for eligible military maintenance technicians. (b) Aeronautical knowledge subject areas \n(1) In general \nThe military mechanic written competency test and Airman Certification Standard described in subsection (a) shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards, as appropriate to the rating sought. (2) Identification of subject areas \nThe aeronautical knowledge subject areas shall be identified and recommended to the Administrator, in consultation with industry stakeholders, through the FAA Aviation Rulemaking Advisory Committee Airman Certification System Working Group. (c) Expansion of testing locations \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion. (d) Outreach and awareness \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding— (1) the services made available by the JSAMTCC; and (2) the military mechanic written competency test established under subsection (a). (e) Report \nNot later than 180 days after the date on which the Administrator issues the final rule under subsection (a), the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities carried out under this section, together with recommendations for such legislative or administrative action as the Administrator determines appropriate. (f) Eligible military maintenance technician defined \nFor purposes of this section, the term eligible military maintenance technician means an individual who is a current or former maintenance technician who was honorably discharged or has retired from the United States Armed Forces (as defined in section 101 of title 10, United States Code) and meets the following requirements: (1) The individual presents an official United States Armed Forces record confirming that the individual is or was a military aviation maintenance technician, holding an appropriate Military Occupational Specialty (MOS) Code, as determined by the Administrator, in coordination with the Secretary of Defense. (2) The individual presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.", "id": "id460e2f53-99ac-4206-86b1-35cf1e194824", "header": "Military aviation maintenance technicians rule", "nested": [ { "text": "(a) Streamlined certification for eligible military maintenance technicians \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, to— (1) create a military mechanic written competency test; and (2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate with airframe or powerplant ratings; and (3) allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the JSAMTCC ) evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a Designated Mechanic Examiner (in this section referred to as a DME ) for eligible military maintenance technicians.", "id": "id699e64bb-967f-472b-bbbe-56675b6013d1", "header": "Streamlined certification for eligible military maintenance technicians", "nested": [], "links": [] }, { "text": "(b) Aeronautical knowledge subject areas \n(1) In general \nThe military mechanic written competency test and Airman Certification Standard described in subsection (a) shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards, as appropriate to the rating sought. (2) Identification of subject areas \nThe aeronautical knowledge subject areas shall be identified and recommended to the Administrator, in consultation with industry stakeholders, through the FAA Aviation Rulemaking Advisory Committee Airman Certification System Working Group.", "id": "id35bacd59-35c8-4196-b50e-baa502126003", "header": "Aeronautical knowledge subject areas", "nested": [], "links": [] }, { "text": "(c) Expansion of testing locations \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion.", "id": "id7e236788-780f-4c7d-9d84-778ea771dcb2", "header": "Expansion of testing locations", "nested": [], "links": [] }, { "text": "(d) Outreach and awareness \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding— (1) the services made available by the JSAMTCC; and (2) the military mechanic written competency test established under subsection (a).", "id": "id5d81f197-d0e2-4db6-9d89-74507858ec62", "header": "Outreach and awareness", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than 180 days after the date on which the Administrator issues the final rule under subsection (a), the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities carried out under this section, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "idec241211-75d8-4170-9879-4520f1aeef7c", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Eligible military maintenance technician defined \nFor purposes of this section, the term eligible military maintenance technician means an individual who is a current or former maintenance technician who was honorably discharged or has retired from the United States Armed Forces (as defined in section 101 of title 10, United States Code) and meets the following requirements: (1) The individual presents an official United States Armed Forces record confirming that the individual is or was a military aviation maintenance technician, holding an appropriate Military Occupational Specialty (MOS) Code, as determined by the Administrator, in coordination with the Secretary of Defense. (2) The individual presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.", "id": "id8a8bd387-f71d-454b-9713-2518247fb925", "header": "Eligible military maintenance technician defined", "nested": [], "links": [] } ], "links": [] }, { "text": "505. Prohibition of remote dispatching \n(a) Amendments to prohibition \n(1) In general \nSection 44711(a) of title 49, United States Code, is amended— (A) in paragraph (9), by striking or after the semicolon; (B) by redesignating paragraph (10) as paragraph (11); and (C) by inserting after paragraph (9) the following new paragraph: (10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier; or. (2) Regulations \nNot later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations requiring persons and air carriers to comply with paragraph (10) of section 44711(a) of title 49, United States Code (as added by paragraph (1)). (3) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this section, without regard to whether the regulations required by paragraph (2) have been promulgated as of that date. (b) Aircraft dispatching \n(1) In general \nChapter 447 of title 49, United States Code, as amended by section 304(b), is amended by adding at the end the following new section: 44747. Aircraft dispatching \n(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times. (b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center. (c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.. (2) Clerical amendment \nThe analysis for chapter 447 of such title, as amended by section 304(b), is amended by inserting after the item relating to section 44746 the following: 44747. Aircraft dispatching..", "id": "idaa3d9ed1-26b8-44f3-9735-00770ec0ef57", "header": "Prohibition of remote dispatching", "nested": [ { "text": "(a) Amendments to prohibition \n(1) In general \nSection 44711(a) of title 49, United States Code, is amended— (A) in paragraph (9), by striking or after the semicolon; (B) by redesignating paragraph (10) as paragraph (11); and (C) by inserting after paragraph (9) the following new paragraph: (10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier; or. (2) Regulations \nNot later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations requiring persons and air carriers to comply with paragraph (10) of section 44711(a) of title 49, United States Code (as added by paragraph (1)). (3) Effective date \nThe amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this section, without regard to whether the regulations required by paragraph (2) have been promulgated as of that date.", "id": "iddf5faf29-8798-4ddd-a5e1-06cbb805f6a7", "header": "Amendments to prohibition", "nested": [], "links": [] }, { "text": "(b) Aircraft dispatching \n(1) In general \nChapter 447 of title 49, United States Code, as amended by section 304(b), is amended by adding at the end the following new section: 44747. Aircraft dispatching \n(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times. (b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center. (c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.. (2) Clerical amendment \nThe analysis for chapter 447 of such title, as amended by section 304(b), is amended by inserting after the item relating to section 44746 the following: 44747. Aircraft dispatching..", "id": "idd0ac6e1b-8828-4f32-bf92-c368858f1dc7", "header": "Aircraft dispatching", "nested": [], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] } ], "links": [ { "text": "Chapter 447", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/447" } ] }, { "text": "44747. Aircraft dispatching \n(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times. (b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center. (c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.", "id": "idfa45c4c3-a822-4661-9f84-4c78177ea2ee", "header": "Aircraft dispatching", "nested": [ { "text": "(a) In general \nEach air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times.", "id": "id93d8d14b-9892-4488-805f-a201d7037d69", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nAn air carrier shall ensure that each dispatch center and flight following center of the air carrier— (1) has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times; (2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and (3) includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center.", "id": "id0406d342-bc0b-412b-a63b-23da91ff00db", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Prohibition \n(1) In general \nSubject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier. (2) Emergency authority \nIn the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.", "id": "ide3d148cd-fe06-4eac-875d-adb5da57b435", "header": "Prohibition", "nested": [], "links": [] } ], "links": [] }, { "text": "506. Employee assault prevention and response plan standards and best practices \n(a) Sense of Congress \nIt is the sense of Congress that: (1) Each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall submit to the Administrator an Employee Assault Prevention and Response Plan pursuant to section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note). (2) Each such air carrier should have in place and deploy an Employee Assault Prevention and Response Plan to facilitate appropriate protocols, standards, and training to equip employees with best practices and the experience necessary to respond effectively to hostile situations and disruptive behavior and maintain a safe traveling experience. (b) Required briefing \nSection 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) is amended by adding at the end the following new subsection: (f) Briefing to Congress \nNot later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section..", "id": "idb044ae1b-25ea-4c26-b925-3bf2e4557b5b", "header": "Employee assault prevention and response plan standards and best practices", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that: (1) Each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall submit to the Administrator an Employee Assault Prevention and Response Plan pursuant to section 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note). (2) Each such air carrier should have in place and deploy an Employee Assault Prevention and Response Plan to facilitate appropriate protocols, standards, and training to equip employees with best practices and the experience necessary to respond effectively to hostile situations and disruptive behavior and maintain a safe traveling experience.", "id": "id2f8f664a-52ab-48cb-b791-e8aad6af1305", "header": "Sense of Congress", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "(b) Required briefing \nSection 551 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44903 note) is amended by adding at the end the following new subsection: (f) Briefing to Congress \nNot later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section..", "id": "idd34d4f2b-2b00-4d04-849d-f6e5b595b59e", "header": "Required briefing", "nested": [], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] } ], "links": [ { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" }, { "text": "49 U.S.C. 44903", "legal-doc": "usc", "parsable-cite": "usc/49/44903" } ] }, { "text": "507. Crewmember self-defense training \nSection 44918(a) of title 49, United States Code, is amended— (1) in paragraph (1), by inserting and unruly passenger behavior before the period at the end; (2) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) Recognize suspicious behavior and activities and determine the seriousness of any occurrence. ; (B) in subparagraph (D), by inserting , including training to defend against the use of edged or contact weapons before the period at the end; (C) by striking subparagraph (H) and inserting the following: (H) De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee. ; (D) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and (E) by inserting after subparagraph (H) the following: (I) Methods to subdue and restrain an active attacker. ; (3) by striking paragraph (4) and inserting the following: (4) Minimum standards \nNot later than 180 days after the date of enactment of the FAA Reauthorization Act of 2024 , the Administrator of the Transportation Security Administration, in consultation with the Federal Air Marshal Service and the Aviation Security Advisory Committee, shall establish minimum standards for— (A) the training provided under this subsection and for recurrent training; and (B) the individuals or entities providing such training. ; (4) in paragraph (6)— (A) in the first sentence— (i) by inserting and the Federal Air Marshal Service after consultation with the Administrator ; (ii) by striking and periodically shall and inserting and shall periodically ; and (iii) by inserting based on changes in the potential or actual threat conditions before the period at the end; and (B) in the third sentence, by inserting , including self-defense training expertise and experience before the period at the end; and (5) by adding at the end the following: (8) Air carrier accommodation \nAn air carrier with a crew member participating in the training program under this subsection shall provide a process through which each such crew member may obtain reasonable accommodations..", "id": "idf5ae634f-ad53-4c46-b551-8b7a21a25240", "header": "Crewmember self-defense training", "nested": [], "links": [] }, { "text": "508. Improving apron safety \n(a) Study and report on engine ingestion zone and jet blast zone accidents \n(1) Study \nThe Administrator shall conduct a study on ways to minimize or eliminate engine ingestion zone and jet blast zone accidents, including through— (A) improving markings on the apron to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport; (B) incorporating markings on aircraft to indicate the engine inlet danger zone, using hazard warning stripes, decals, or other measures; (C) limiting ground service personnel access to an aircraft until the engines of the aircraft are no longer running, the beacon on top of the aircraft has been turned off, the individual blades of the engine fan can be observed, and there is a notification from the flight deck crew confirming the engines are off (including the time for cool down, particularly for engines with low ground clearance); (D) improving aircraft engine design to prevent or minimize engine ingestion, such as the use of stationary inlet guide vanes or engine guarding; (E) improving the use of or requirements for Auxiliary Power Units (APUs) or electrical systems maintenance or incorporating changes to other systems or apron operation procedures to eliminate or minimize the length of time an aircraft engine runs (or is permitted to run) while the aircraft is at the gate or stopped on the ground; and (F) improving communication devices and requirements for operable radios and headsets. (2) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislative or administrative action as determined appropriate by the Administrator. (b) Improved training \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator may, as appropriate, develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews (including supervisory employees) that includes information on— (A) the specific dangers and consequences of entering engine ingestion or jet blast zones; (B) proper protocols to avoid entering an engine ingestion or jet blast zone; and (C) on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter. (2) Training regulations \nNot later than 180 days after the publication of the training and related educational materials described in paragraph (1), the Administrator may promulgate regulations to require any new, transferred, or current (as of the date of enactment of this section) employee of the FAA to receive the relevant engine ingestion and jet blast zone hazard training before such employee may perform work on the apron.", "id": "id8ecf9de6-36c0-4c5a-8c46-4ac6ff36b7d3", "header": "Improving apron safety", "nested": [ { "text": "(a) Study and report on engine ingestion zone and jet blast zone accidents \n(1) Study \nThe Administrator shall conduct a study on ways to minimize or eliminate engine ingestion zone and jet blast zone accidents, including through— (A) improving markings on the apron to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport; (B) incorporating markings on aircraft to indicate the engine inlet danger zone, using hazard warning stripes, decals, or other measures; (C) limiting ground service personnel access to an aircraft until the engines of the aircraft are no longer running, the beacon on top of the aircraft has been turned off, the individual blades of the engine fan can be observed, and there is a notification from the flight deck crew confirming the engines are off (including the time for cool down, particularly for engines with low ground clearance); (D) improving aircraft engine design to prevent or minimize engine ingestion, such as the use of stationary inlet guide vanes or engine guarding; (E) improving the use of or requirements for Auxiliary Power Units (APUs) or electrical systems maintenance or incorporating changes to other systems or apron operation procedures to eliminate or minimize the length of time an aircraft engine runs (or is permitted to run) while the aircraft is at the gate or stopped on the ground; and (F) improving communication devices and requirements for operable radios and headsets. (2) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislative or administrative action as determined appropriate by the Administrator.", "id": "id2ddb13fe-bb8f-4e68-b658-9bc9cc1acf3d", "header": "Study and report on engine ingestion zone and jet blast zone accidents", "nested": [], "links": [] }, { "text": "(b) Improved training \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator may, as appropriate, develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews (including supervisory employees) that includes information on— (A) the specific dangers and consequences of entering engine ingestion or jet blast zones; (B) proper protocols to avoid entering an engine ingestion or jet blast zone; and (C) on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter. (2) Training regulations \nNot later than 180 days after the publication of the training and related educational materials described in paragraph (1), the Administrator may promulgate regulations to require any new, transferred, or current (as of the date of enactment of this section) employee of the FAA to receive the relevant engine ingestion and jet blast zone hazard training before such employee may perform work on the apron.", "id": "id37b2a39a-9a22-4268-bcfe-fc11118d5b43", "header": "Improved training", "nested": [], "links": [] } ], "links": [] }, { "text": "509. Aviation Medical Innovation and Modernization Working Group \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall establish the Aviation Medical Innovation and Modernization Working Group (in this section referred to as the Working Group ) and appoint members of the Working Group in accordance with subsection (b). (b) Membership \n(1) Number \nThe members of the Working Group shall not exceed 20 individuals. (2) Composition \n(A) Federal Air Surgeon \nThe Federal Air Surgeon shall be a member of the Working Group and shall be the Chair of the Working Group. (B) Senior Aviation Medical Examiners \nIn addition to the Federal Air Surgeon, at least 8 members of the Working Group shall be individuals who are Senior Aviation Medical Examiners. (C) Other members \nIn addition to the Federal Air Surgeon and the members appointed under subparagraph (B), the remaining members shall be licensed medical physicians with substantial expertise in— (i) aerospace medicine; (ii) psychological medicine; (iii) neurological medicine; (iv) cardiovascular medicine; or (v) internal medicine. (D) Preference in appointments \nThe Administrator shall give preference to appointing members of the Working Group who are Aviation Medical Examiners or licensed medical physicians who have demonstrated research and expertise in aviation medical issues. (E) Use of subgroups \nThe Working Group Administrator may use subgroups to develop the recommendations under subsection (c). (c) Recommendations \nThe Working Group shall develop a report that includes recommendations with respect to the following areas: (1) Evaluation of the conditions an Aviation Medical Examiner can issue (CACI). (2) Improvements and reforms to the Special Issuance process, including whether, after initial medical certification by the FAA, renewals can be based on a medical evaluation and treatment plan by a pilot’s treating medical specialist with concurrence from the pilot’s Aviation Medical Examiner. (3) Development of an online medical portal administered by the FAA that— (A) adheres to cybersecurity protections and protocols; (B) authorizes Aviation Medical Examiners, pilots, or their designee, to securely share medical records; (C) provides timely updates for a pilot’s medical application and improves return to flying timelines; (D) provides pilots with the ability to submit additional information requested from the FAA; (E) includes the method to contact the reviewing office; and (F) such other requirements as the Working Group may recommend. (4) The use of technologies to address forms of red-green color blindness for pilots. (5) Improvements to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder protocols. (6) Improvements to neurology protocols, specifically, stroke, head injury, and known loss of consciousness. (7) Improvements to FAA mental health protocols, including, but not limited to, mental health conditions such as depression and anxiety, the use of medications for treating mental health conditions, and neurocognitive testing rules and applicability. (d) Report \nNot later than 1 year after the date on which the Working Group is established— (1) the Working Group shall submit the report developed in accordance with subsection (c) to the Administrator, along with recommendations for such legislation and administrative action as the Working Group determines appropriate; and (2) the Administrator shall submit such report and recommendations to the appropriate committees of Congress. (e) Actions by the Administrator \nThe Administrator may take such action as the Administrator determines appropriate to implement the recommendations in the report submitted under subsection (d). (f) Exemption from the Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Working Group. (g) Sunset \nThe Working Group shall terminate on the date on which the Working Group submits the report required by subsection (d).", "id": "id753de0d5-0bda-41e4-a77d-14e226c1c1b3", "header": "Aviation Medical Innovation and Modernization Working Group", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Administrator shall establish the Aviation Medical Innovation and Modernization Working Group (in this section referred to as the Working Group ) and appoint members of the Working Group in accordance with subsection (b).", "id": "id7d839a71-ebb1-48e8-9696-dee00401e47d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) Number \nThe members of the Working Group shall not exceed 20 individuals. (2) Composition \n(A) Federal Air Surgeon \nThe Federal Air Surgeon shall be a member of the Working Group and shall be the Chair of the Working Group. (B) Senior Aviation Medical Examiners \nIn addition to the Federal Air Surgeon, at least 8 members of the Working Group shall be individuals who are Senior Aviation Medical Examiners. (C) Other members \nIn addition to the Federal Air Surgeon and the members appointed under subparagraph (B), the remaining members shall be licensed medical physicians with substantial expertise in— (i) aerospace medicine; (ii) psychological medicine; (iii) neurological medicine; (iv) cardiovascular medicine; or (v) internal medicine. (D) Preference in appointments \nThe Administrator shall give preference to appointing members of the Working Group who are Aviation Medical Examiners or licensed medical physicians who have demonstrated research and expertise in aviation medical issues. (E) Use of subgroups \nThe Working Group Administrator may use subgroups to develop the recommendations under subsection (c).", "id": "id47c10059-4db3-48ce-8f05-f727698ca45b", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Recommendations \nThe Working Group shall develop a report that includes recommendations with respect to the following areas: (1) Evaluation of the conditions an Aviation Medical Examiner can issue (CACI). (2) Improvements and reforms to the Special Issuance process, including whether, after initial medical certification by the FAA, renewals can be based on a medical evaluation and treatment plan by a pilot’s treating medical specialist with concurrence from the pilot’s Aviation Medical Examiner. (3) Development of an online medical portal administered by the FAA that— (A) adheres to cybersecurity protections and protocols; (B) authorizes Aviation Medical Examiners, pilots, or their designee, to securely share medical records; (C) provides timely updates for a pilot’s medical application and improves return to flying timelines; (D) provides pilots with the ability to submit additional information requested from the FAA; (E) includes the method to contact the reviewing office; and (F) such other requirements as the Working Group may recommend. (4) The use of technologies to address forms of red-green color blindness for pilots. (5) Improvements to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder protocols. (6) Improvements to neurology protocols, specifically, stroke, head injury, and known loss of consciousness. (7) Improvements to FAA mental health protocols, including, but not limited to, mental health conditions such as depression and anxiety, the use of medications for treating mental health conditions, and neurocognitive testing rules and applicability.", "id": "id672fa0ff-2b92-48f9-bbc6-bc63ad924ac3", "header": "Recommendations", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 1 year after the date on which the Working Group is established— (1) the Working Group shall submit the report developed in accordance with subsection (c) to the Administrator, along with recommendations for such legislation and administrative action as the Working Group determines appropriate; and (2) the Administrator shall submit such report and recommendations to the appropriate committees of Congress.", "id": "id9dfb0ea5-07a6-4ec7-b31a-72b56e4f203c", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Actions by the Administrator \nThe Administrator may take such action as the Administrator determines appropriate to implement the recommendations in the report submitted under subsection (d).", "id": "idcbf94ea2-aec0-4160-9bdf-bbc2dd38b21a", "header": "Actions by the Administrator", "nested": [], "links": [] }, { "text": "(f) Exemption from the Federal Advisory Committee Act \nChapter 10 of title 5, United States Code, shall not apply to the Working Group.", "id": "id9adc6037-a744-4865-aad2-6a7c293753de", "header": "Exemption from the Federal Advisory Committee Act", "nested": [], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "(g) Sunset \nThe Working Group shall terminate on the date on which the Working Group submits the report required by subsection (d).", "id": "ide06263f3-5204-4f58-86bd-71234db84440", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" } ] }, { "text": "510. Airman Certification Standards \n(a) In general \nThe Administrator shall use the Aviation Rulemaking Advisory Committee Airman Certification System Working Group (in this section referred to as the Working Group ) to obtain industry recommendations on maintaining and updating Airman Certification Standards. (b) Duties \nIn carrying out its activities, the Working Group shall— (1) ensure that testing remains correlated and corresponds to current regulations, procedures, equipment, aviation infrastructure, and safety trends; (2) work with industry to solicit recommendations on airman certification and testing, including new, and revisions to existing, Airman Certification Standards guidance documents and airman tests; and (3) ensure other tasks carried out by the Working Group are addressed and completed in a timely and efficient manner.", "id": "idbff61e3c-f12b-4d84-87c5-22b2c08feaf3", "header": "Airman Certification Standards", "nested": [ { "text": "(a) In general \nThe Administrator shall use the Aviation Rulemaking Advisory Committee Airman Certification System Working Group (in this section referred to as the Working Group ) to obtain industry recommendations on maintaining and updating Airman Certification Standards.", "id": "id8cea41fd-9150-4692-a0d8-9eb3d303db57", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duties \nIn carrying out its activities, the Working Group shall— (1) ensure that testing remains correlated and corresponds to current regulations, procedures, equipment, aviation infrastructure, and safety trends; (2) work with industry to solicit recommendations on airman certification and testing, including new, and revisions to existing, Airman Certification Standards guidance documents and airman tests; and (3) ensure other tasks carried out by the Working Group are addressed and completed in a timely and efficient manner.", "id": "idd4053a3d-45ac-47c2-a88e-afbd86776c4c", "header": "Duties", "nested": [], "links": [] } ], "links": [] }, { "text": "511. Airport service workforce analysis \nNot later than 180 days after the date of enactment of this section, the Comptroller General shall complete an analysis of the airport service workforce and its impact and importance to the aviation economy.", "id": "id76d375015af243678e13aee2c0d863af", "header": "Airport service workforce analysis", "nested": [], "links": [] }, { "text": "521. Air traffic control staffing standards \n(a) FAA air traffic control staffing standards \nThe Administrator shall complete the requirements of subsection (b) and implement revisions to the FAA Certified Professional Controller (in this section referred to as CPC ) operational staffing targets, in consultation with appropriate stakeholders including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code, by September 30, 2024. (b) National Academy of Sciences study \n(1) Study \nNot later than 30 days after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a study of the methodology used by the Collaborative Resource Workgroup (in this subsection referred to as CRWG ) to determine CPC operational staffing targets needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (2) Contents \nThe study required by paragraph (1) shall include the following elements: (A) A review of similarities and discrepancies between methodologies used to develop the CRWG CPC operational staffing targets and the staffing targets developed by the FAA as reflected by the staffing standards used in the 2023 Controller Workforce Plan. (B) An examination of the discrepancies between the CRWG CPC staffing targets and the FAA-developed CPC staffing standards used in the 2023 Controller Workforce Plan that contribute to a significant divergence in operational staffing headcounts (including with respect to CPCs, CPCs-in-training at new facilities, and trainees), CPC staffing targets, and staffing needs for air traffic controllers between fiscal year 2027 and fiscal year 2032 to ensure the safe and efficient operation of the national airspace system. (C) An evaluation of— (i) air traffic in the airspace of each air traffic control facility operated by the FAA; (ii) air traffic controller position utilization; (iii) attrition rates at each air traffic control facility operated by the FAA; and (iv) the time needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (D) For each air traffic control facility operated by the FAA, a description of— (i) the current CPC staffing levels; (ii) the operational staffing targets for CPCs; (iii) the anticipated CPC attrition for each of the next 3 years; and (iv) the number of CPC trainees. (E) An examination of the FAA’s current and estimated budgets and funding needed to implement the CRWG CPC operational staffing targets and needs in comparison to such funding needed to implement the staffing standards developed by the FAA as reflected in the 2023 Controller Workforce Plan. (F) An analysis of the recommendations included in Transportation Research Board Special Report 314, titled The Federal Aviation Administration’s Approach for Determining Future Air Traffic Controller Staffing Needs that have not yet been addressed or implemented by the Administrator. (G) Recommendations for further action by the Administrator, as appropriate, to— (i) address operational staffing requirements to meet facility operational, statutory, and contractual requirements; and (ii) provide fulsome air traffic controller staffing to ensure the safe and efficient operation of the national airspace system, including the integration of new users, technologies, and procedures. (3) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with— (A) Federal Government and industry representatives; (B) the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (C) other parties determined appropriate by the National Academies. (4) Reports \n(A) To the Administrator \nNot later than 180 days after the date of enactment of this section, the National Academies shall submit to the Administrator a report on the results of the study required by paragraph (1), together with recommendations determined appropriate by the National Academies. (B) To Congress \nNot later than 180 days after the date on which the National Academies submits the report under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing— (i) the results of the study required by paragraph (1); (ii) the report submitted by the National Academies, including the recommendations of the National Academies; and (iii) the Administrator's implementation action required by subsection (a). (c) Revisions to the controller workforce plan \nSection 44506(e) of title 49, United States Code is amended— (1) in paragraph (1)— (A) by inserting Collaborative Resource Workgroup (CRWG) before staffing standards ; and (B) by striking the number of air traffic controllers needed and inserting the number of fully certified air traffic controllers needed ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by adding after paragraph (1) the following new paragraph: (2) for each air traffic control facility operated by the Federal Aviation Administration— (A) the current certified professional controller staffing levels; (B) the Collaborative Resource Workgroup (CRWG) operational staffing targets for certified professional controllers; (C) the anticipated certified professional controller attrition for each of the next 3 years; and (D) the number of certified professional controller trainees;. (d) Effective date \nThe amendments made by subsection (c) shall take effect and apply to any reports submitted pursuant to section 44506(e) of title 49, United States Code, for each Controller Workforce Plan submitted after September 30, 2024.", "id": "id8ef62fda-05aa-40d4-bd51-eea35cc41ba7", "header": "Air traffic control staffing standards", "nested": [ { "text": "(a) FAA air traffic control staffing standards \nThe Administrator shall complete the requirements of subsection (b) and implement revisions to the FAA Certified Professional Controller (in this section referred to as CPC ) operational staffing targets, in consultation with appropriate stakeholders including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code, by September 30, 2024.", "id": "id65e54033-ef1e-46bf-9344-2031aac7e544", "header": "FAA air traffic control staffing standards", "nested": [], "links": [] }, { "text": "(b) National Academy of Sciences study \n(1) Study \nNot later than 30 days after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the National Academies ) under which the National Academies will conduct a study of the methodology used by the Collaborative Resource Workgroup (in this subsection referred to as CRWG ) to determine CPC operational staffing targets needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (2) Contents \nThe study required by paragraph (1) shall include the following elements: (A) A review of similarities and discrepancies between methodologies used to develop the CRWG CPC operational staffing targets and the staffing targets developed by the FAA as reflected by the staffing standards used in the 2023 Controller Workforce Plan. (B) An examination of the discrepancies between the CRWG CPC staffing targets and the FAA-developed CPC staffing standards used in the 2023 Controller Workforce Plan that contribute to a significant divergence in operational staffing headcounts (including with respect to CPCs, CPCs-in-training at new facilities, and trainees), CPC staffing targets, and staffing needs for air traffic controllers between fiscal year 2027 and fiscal year 2032 to ensure the safe and efficient operation of the national airspace system. (C) An evaluation of— (i) air traffic in the airspace of each air traffic control facility operated by the FAA; (ii) air traffic controller position utilization; (iii) attrition rates at each air traffic control facility operated by the FAA; and (iv) the time needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system. (D) For each air traffic control facility operated by the FAA, a description of— (i) the current CPC staffing levels; (ii) the operational staffing targets for CPCs; (iii) the anticipated CPC attrition for each of the next 3 years; and (iv) the number of CPC trainees. (E) An examination of the FAA’s current and estimated budgets and funding needed to implement the CRWG CPC operational staffing targets and needs in comparison to such funding needed to implement the staffing standards developed by the FAA as reflected in the 2023 Controller Workforce Plan. (F) An analysis of the recommendations included in Transportation Research Board Special Report 314, titled The Federal Aviation Administration’s Approach for Determining Future Air Traffic Controller Staffing Needs that have not yet been addressed or implemented by the Administrator. (G) Recommendations for further action by the Administrator, as appropriate, to— (i) address operational staffing requirements to meet facility operational, statutory, and contractual requirements; and (ii) provide fulsome air traffic controller staffing to ensure the safe and efficient operation of the national airspace system, including the integration of new users, technologies, and procedures. (3) Consultation \nIn conducting the study required by paragraph (1), the National Academies shall consult with— (A) Federal Government and industry representatives; (B) the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (C) other parties determined appropriate by the National Academies. (4) Reports \n(A) To the Administrator \nNot later than 180 days after the date of enactment of this section, the National Academies shall submit to the Administrator a report on the results of the study required by paragraph (1), together with recommendations determined appropriate by the National Academies. (B) To Congress \nNot later than 180 days after the date on which the National Academies submits the report under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing— (i) the results of the study required by paragraph (1); (ii) the report submitted by the National Academies, including the recommendations of the National Academies; and (iii) the Administrator's implementation action required by subsection (a).", "id": "id9e85aab8-a64f-46e7-918f-a79460b91b21", "header": "National Academy of Sciences study", "nested": [], "links": [] }, { "text": "(c) Revisions to the controller workforce plan \nSection 44506(e) of title 49, United States Code is amended— (1) in paragraph (1)— (A) by inserting Collaborative Resource Workgroup (CRWG) before staffing standards ; and (B) by striking the number of air traffic controllers needed and inserting the number of fully certified air traffic controllers needed ; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by adding after paragraph (1) the following new paragraph: (2) for each air traffic control facility operated by the Federal Aviation Administration— (A) the current certified professional controller staffing levels; (B) the Collaborative Resource Workgroup (CRWG) operational staffing targets for certified professional controllers; (C) the anticipated certified professional controller attrition for each of the next 3 years; and (D) the number of certified professional controller trainees;.", "id": "id40354c1e-ef25-43cb-9643-0e51eee3ff4d", "header": "Revisions to the controller workforce plan", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by subsection (c) shall take effect and apply to any reports submitted pursuant to section 44506(e) of title 49, United States Code, for each Controller Workforce Plan submitted after September 30, 2024.", "id": "id9ea27359-1f60-47b1-92fa-b02c6203915e", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "522. FAA Workforce review audit \n(a) In general \nNot later than 90 days after the date of enactment of this section, the Inspector General of the Department of Transportation shall initiate an audit of any FAA workforce plans related to aviation safety completed during the past 5 fiscal years. (b) Contents \nIn conducting the audit under subsection (a), the Inspector General shall— (1) identify whether any safety-critical positions have not been reviewed within the timeframe specified in subsection (a); (2) review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the latest fiscal year; (3) review whether existing FAA workforce development programs are producing intended results, such as increased recruitment and retention of agency personnel; and (4) evaluate the extent to which the FAA leverages its direct hire authority to recruit subject matter experts and other technical personnel to fill key senior and technical positions. (c) Report and recommendations \n(1) Inspector General report \nNot later than 1 year after the date of enactment of this section, the Inspector General shall submit to the Administrator and the appropriate committees of Congress a report on the results of the audit conducted under subsection (a), together with recommendations for such legislative and administrative action as the Inspector General determines appropriate. (2) Congressional briefing \nNot later than 90 days after receiving the report under paragraph (1), the Administrator shall provide a briefing to appropriate committees of Congress on— (A) the Administrator’s response to the recommendations of the Inspector General contained in such report; and (B) any plans of the Administrator for the implementation of such recommendations.", "id": "id166a738b-fc05-4ff7-be60-be1724489b7b", "header": "FAA Workforce review audit", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of enactment of this section, the Inspector General of the Department of Transportation shall initiate an audit of any FAA workforce plans related to aviation safety completed during the past 5 fiscal years.", "id": "id1d1a9930-342c-49f8-a81c-620d5cb00f81", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nIn conducting the audit under subsection (a), the Inspector General shall— (1) identify whether any safety-critical positions have not been reviewed within the timeframe specified in subsection (a); (2) review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the latest fiscal year; (3) review whether existing FAA workforce development programs are producing intended results, such as increased recruitment and retention of agency personnel; and (4) evaluate the extent to which the FAA leverages its direct hire authority to recruit subject matter experts and other technical personnel to fill key senior and technical positions.", "id": "id010b5da7-4e3f-4606-9d3d-44534edd815e", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Report and recommendations \n(1) Inspector General report \nNot later than 1 year after the date of enactment of this section, the Inspector General shall submit to the Administrator and the appropriate committees of Congress a report on the results of the audit conducted under subsection (a), together with recommendations for such legislative and administrative action as the Inspector General determines appropriate. (2) Congressional briefing \nNot later than 90 days after receiving the report under paragraph (1), the Administrator shall provide a briefing to appropriate committees of Congress on— (A) the Administrator’s response to the recommendations of the Inspector General contained in such report; and (B) any plans of the Administrator for the implementation of such recommendations.", "id": "ide439f1f5-2d49-4ed0-8392-f1cec6a3d645", "header": "Report and recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "523. Direct hire authority utilization \n(a) In general \nSection 40122 of title 49, United States Code, is amended by adding at the end the following: (k) Direct hire authority \nThe Administrator of the Federal Aviation Administration shall utilize existing direct hire authority to expedite the hiring process and hire individuals on a non-competitive basis for safety critical and safety technical positions related to aircraft certification and aviation safety more broadly to maintain the gold standard of aviation safety and, as necessary, fulfill any gaps identified in workforce reviews at the Federal Aviation Administration.. (b) Congressional briefing \nNot later than 180 days after the date of enactment of this section, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the status of— (1) utilization of the direct hire authority described in subsection (k) of such section 40122, as added by subsection (a); and (2) the number of employees hired under such authority, the relevant line of business to which such employees were hired, and the occupation type of the positions filled.", "id": "id3565f870-4e58-43e7-bb1b-3fa85e35eb0f", "header": "Direct hire authority utilization", "nested": [ { "text": "(a) In general \nSection 40122 of title 49, United States Code, is amended by adding at the end the following: (k) Direct hire authority \nThe Administrator of the Federal Aviation Administration shall utilize existing direct hire authority to expedite the hiring process and hire individuals on a non-competitive basis for safety critical and safety technical positions related to aircraft certification and aviation safety more broadly to maintain the gold standard of aviation safety and, as necessary, fulfill any gaps identified in workforce reviews at the Federal Aviation Administration..", "id": "id382bd0df-a254-48b4-bac8-c02caa787d26", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Congressional briefing \nNot later than 180 days after the date of enactment of this section, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the status of— (1) utilization of the direct hire authority described in subsection (k) of such section 40122, as added by subsection (a); and (2) the number of employees hired under such authority, the relevant line of business to which such employees were hired, and the occupation type of the positions filled.", "id": "id1372a572-4455-42b5-baf2-2c0cf76e2c65", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "524. Staffing model for aviation safety inspectors \n(a) In general \nNot later than October 1, 2024, the Administrator shall review and revise as necessary the staffing model for aviation safety inspectors. (b) Requirements \n(1) Consideration of prior studies and reports \nIn revising the model, the Administrator shall take into consideration the recommendations outlined in the following: (A) The 2006 report released by the National Research Council entitled Staffing Standards for Aviation Safety Inspectors. (B) The 2007 study released by the National Academy of Sciences entitled Staffing Standards for Aviation Safety Inspectors. (C) The 2013 report released by Grant Thornton LLP, entitled ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report. (D) The 2021 report released by the Inspector General of the Department of Transportation entitled FAA Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities. (E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note). (2) Service and Office staffing level \nThe model will project staffing at the service and office level and require managers to use the model as part of the resource assessment for aviation safety inspector resources. (3) Attrition \nThe aviation safety inspector staffing model will take into consideration forecasted attrition. (4) Consultation \nIn revising the model, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.", "id": "id31d61a12-ed63-4a30-a797-44d87f81849b", "header": "Staffing model for aviation safety inspectors", "nested": [ { "text": "(a) In general \nNot later than October 1, 2024, the Administrator shall review and revise as necessary the staffing model for aviation safety inspectors.", "id": "idd48c0114-3494-4f13-9fc8-d3b3f111a3c5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \n(1) Consideration of prior studies and reports \nIn revising the model, the Administrator shall take into consideration the recommendations outlined in the following: (A) The 2006 report released by the National Research Council entitled Staffing Standards for Aviation Safety Inspectors. (B) The 2007 study released by the National Academy of Sciences entitled Staffing Standards for Aviation Safety Inspectors. (C) The 2013 report released by Grant Thornton LLP, entitled ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report. (D) The 2021 report released by the Inspector General of the Department of Transportation entitled FAA Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities. (E) The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 ( 49 U.S.C. 44701 note). (2) Service and Office staffing level \nThe model will project staffing at the service and office level and require managers to use the model as part of the resource assessment for aviation safety inspector resources. (3) Attrition \nThe aviation safety inspector staffing model will take into consideration forecasted attrition. (4) Consultation \nIn revising the model, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.", "id": "idd728ef20-e71e-488d-82db-b4ccb09c5c8d", "header": "Requirements", "nested": [], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] } ], "links": [ { "text": "49 U.S.C. 44701", "legal-doc": "usc", "parsable-cite": "usc/49/44701" } ] }, { "text": "525. Safety critical staffing \n(a) Implementation of staffing standards for safety inspectors \nUpon completion of the revised staffing model for aviation safety inspectors under section 524, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that such model determines are required to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service per fiscal year as appropriate, provided that such staffing increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2023. Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations. (b) Safety critical positions defined \nIn this section, the term safety critical positions means— (1) aviation safety inspectors, aviation safety specialists (1801 series), aviation safety technicians, and operations support positions in the Flight Standards Service; and (2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 series), safety technical specialists, and operational support positions in the Aircraft Certification Service.", "id": "idad72fb7e-2757-417e-9317-49a1c4f297cb", "header": "Safety critical staffing", "nested": [ { "text": "(a) Implementation of staffing standards for safety inspectors \nUpon completion of the revised staffing model for aviation safety inspectors under section 524, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that such model determines are required to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service per fiscal year as appropriate, provided that such staffing increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2023. Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.", "id": "id75588fd8-1d4e-4d77-b595-b5eb3a606308", "header": "Implementation of staffing standards for safety inspectors", "nested": [], "links": [] }, { "text": "(b) Safety critical positions defined \nIn this section, the term safety critical positions means— (1) aviation safety inspectors, aviation safety specialists (1801 series), aviation safety technicians, and operations support positions in the Flight Standards Service; and (2) manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 series), safety technical specialists, and operational support positions in the Aircraft Certification Service.", "id": "id007d10b4-203d-45c2-9103-d23982358bae", "header": "Safety critical positions defined", "nested": [], "links": [] } ], "links": [] }, { "text": "526. Instrument landing system installation \n(a) In general \nSection 44502(a)(4) of title 49, United States Code, is amended by adding at the end the following: (C) Installation \nThe Administrator shall expedite the installation of at a minimum 15 instrument landing systems (referred to in this subparagraph as ILS ) in the national airspace system by January 1, 2025, by utilizing the existing ILS contract vehicle and the Federal Aviation Administration workforce.. (b) Expedited installation of ILS equipment \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall initiate action to utilize the existing instrument landing systems (referred to in this subsection as ILS ) contract vehicle and FAA employees in facilitating the expedited installation of ILS equipment into the national airspace system. In carrying out this subsection, the Administrator shall— (A) incorporate lessons learned from the installations under section 44502(a)(4) of title 49, United States Code; (B) record metrics of cost and time savings of expedited installations; and (C) consider opportunities to further develop ILS technical expertise among the FAA workforce. (2) Considerations \nDuring the implementation planning to carry out this subsection and subparagraph (C) of section 44502(a)(4) of title 49, United States Code, as added by subsection (a), the Administrator shall consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the FAA workforce, or both, to accelerate the installation and deployment of procured equipment. (3) Report to Congress \nNot later than June 30, 2025, the Administrator shall report to the appropriate committees of Congress on the ILS installation results, near-term ILS installations planned, and shall outline the FAA’s approach to accelerate future procurement and installation of ILS throughout the national airspace system in a manner consistent with the requirements of title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ).", "id": "idd148bc08-2ab5-4e55-8d98-26de7bed6f26", "header": "Instrument landing system installation", "nested": [ { "text": "(a) In general \nSection 44502(a)(4) of title 49, United States Code, is amended by adding at the end the following: (C) Installation \nThe Administrator shall expedite the installation of at a minimum 15 instrument landing systems (referred to in this subparagraph as ILS ) in the national airspace system by January 1, 2025, by utilizing the existing ILS contract vehicle and the Federal Aviation Administration workforce..", "id": "id0e3daab0-5a0f-455a-a4fd-f1361574fd5c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Expedited installation of ILS equipment \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall initiate action to utilize the existing instrument landing systems (referred to in this subsection as ILS ) contract vehicle and FAA employees in facilitating the expedited installation of ILS equipment into the national airspace system. In carrying out this subsection, the Administrator shall— (A) incorporate lessons learned from the installations under section 44502(a)(4) of title 49, United States Code; (B) record metrics of cost and time savings of expedited installations; and (C) consider opportunities to further develop ILS technical expertise among the FAA workforce. (2) Considerations \nDuring the implementation planning to carry out this subsection and subparagraph (C) of section 44502(a)(4) of title 49, United States Code, as added by subsection (a), the Administrator shall consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the FAA workforce, or both, to accelerate the installation and deployment of procured equipment. (3) Report to Congress \nNot later than June 30, 2025, the Administrator shall report to the appropriate committees of Congress on the ILS installation results, near-term ILS installations planned, and shall outline the FAA’s approach to accelerate future procurement and installation of ILS throughout the national airspace system in a manner consistent with the requirements of title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ).", "id": "ida5b0f344-d331-44a2-b4de-623787ce2808", "header": "Expedited installation of ILS equipment", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] } ], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "527. Contract Tower Program air traffic controller training programs \nSection 47124 of title 49, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following new subsection: (e) Air traffic controller training programs \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Secretary shall coordinate with air traffic control contractors to create air traffic controller training programs and shall incorporate the use of such programs into new contracts or the exercise of future options entered into under the Contract Tower Program and the Cost-share Program. Such programs shall allow air traffic control contractors to— (A) provide initial training to candidates who do not have a Control Tower Operator certificate or Federal Aviation Administration tower credential; and (B) provide training to controllers who have completed an approved Air Traffic Collegiate Training Initiative (AT-CTI) program from an accredited school that has a demonstrated successful curriculum. (2) Authority \nAn air traffic control contractor shall be permitted to train controllers under programs established under paragraph (1) notwithstanding section 65.39(a) of title 14, Code of Federal Regulations (as in effect on the date of enactment of this subsection). (3) Rule of construction \nNothing in this subsection shall be construed as a delegation of authority by the Administrator to air traffic control contractors for the purposes of conducting initial testing of, and issuing initial certifications to, air traffic controllers. (4) Program review \n(A) In general \nNot later than 3 years after the incorporation of training programs operated by air traffic control contractors under the Contract Tower Program and the Cost-share Program, the Secretary shall conduct a review of such training programs and issue relevant findings. In conducting the review, the Secretary shall identify the degree to which such programs improve workforce development at air traffic control tower facilities staffed through the Contract Tower Program or the Cost-share Program, air traffic control towers staffed by the Federal Aviation Administration, and any related impact such training may have on air traffic controller staffing more broadly. (B) Report \nNot later than 1 year after the date on which the Secretary initiates the review required by subparagraph (A), the Secretary shall submit a report to the appropriate committees of Congress on the results of the review, along with such recommendations as the Secretary determines appropriate. (5) Definitions \nIn this subsection, the term demonstrated successful curriculum means an AT-CTI program curriculum with a demonstrated record of graduated students that have enrolled at the FAA Academy and subsequently completed Certified Tower Operator certificates at an 80 percent success rate for a consecutive period of 5 years. (6) Sunset \nThe provisions of this subsection shall terminate on September 30, 2028. ; and (3) in subsection (f) (as redesignated by paragraph (1)), by adding at the end the following: (3) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives..", "id": "id193cfcf0-2f1c-4fb3-93e9-797661973ada", "header": "Contract Tower Program air traffic controller training programs", "nested": [], "links": [] }, { "text": "528. Review of FAA and industry cooperative familiarization programs \n(a) Review \nNot later than 270 days after the date of enactment of this section, the Administrator shall complete a review of options for employees of the FAA whose responsibilities directly relate to certification, to gain or enhance technical expertise, knowledge, skills, and abilities, including subject matter relating to innovative and complex aviation technologies, through cooperative training and visitation with aerospace companies. (b) Conflicts of interest \nIn conducting the review in subsection (a), the Administrator shall ensure that such options for FAA employees would occur on a short-term basis and avoid both conflicts of interest and the appearance of such conflicts pursuant to chapter 131 of title 5, United States Code, chapter 11 of title 18, United States Code, subchapter B of chapter XVI of title 5, Code of Federal Regulations, sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations, and any other regulations as deemed appropriate by the Administrator. The Administrator shall also identify any conflicts with FAA policies relating to FAA employee interactions with industry and determine appropriate obligations of such employees upon returning to the FAA after engaging in relevant cooperative training and visitation. (c) Considerations \nAs part of the review required by subsection (a), the Administrator shall consider the following, provided that such actions satisfy conflicts of interest requirements referred to in subsection (b): (1) Expanding existing familiarization programs. (2) Leveraging cooperative training programs to support credentialing and recurrent training activities for FAA employees. (3) Evaluating the options described in subsection (a) based on the level of experience of participating FAA employees and intended benefits related to such participation. (d) Report \nNot later than 90 days after completing the review required by subsection (a), the Administrator shall submit a report to the appropriate committees of Congress on the results of the review and relevant recommendations.", "id": "id1fe59c89-eb3a-4fee-a437-d603cee76b20", "header": "Review of FAA and industry cooperative familiarization programs", "nested": [ { "text": "(a) Review \nNot later than 270 days after the date of enactment of this section, the Administrator shall complete a review of options for employees of the FAA whose responsibilities directly relate to certification, to gain or enhance technical expertise, knowledge, skills, and abilities, including subject matter relating to innovative and complex aviation technologies, through cooperative training and visitation with aerospace companies.", "id": "idfc346a89-04d3-4a16-8018-fbfcb4da33d4", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Conflicts of interest \nIn conducting the review in subsection (a), the Administrator shall ensure that such options for FAA employees would occur on a short-term basis and avoid both conflicts of interest and the appearance of such conflicts pursuant to chapter 131 of title 5, United States Code, chapter 11 of title 18, United States Code, subchapter B of chapter XVI of title 5, Code of Federal Regulations, sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations, and any other regulations as deemed appropriate by the Administrator. The Administrator shall also identify any conflicts with FAA policies relating to FAA employee interactions with industry and determine appropriate obligations of such employees upon returning to the FAA after engaging in relevant cooperative training and visitation.", "id": "id98559043-5da5-4c63-a3af-ca4e6dede650", "header": "Conflicts of interest", "nested": [], "links": [ { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] }, { "text": "(c) Considerations \nAs part of the review required by subsection (a), the Administrator shall consider the following, provided that such actions satisfy conflicts of interest requirements referred to in subsection (b): (1) Expanding existing familiarization programs. (2) Leveraging cooperative training programs to support credentialing and recurrent training activities for FAA employees. (3) Evaluating the options described in subsection (a) based on the level of experience of participating FAA employees and intended benefits related to such participation.", "id": "id74c06087-6025-49a9-a1db-24b4ef1b856f", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 90 days after completing the review required by subsection (a), the Administrator shall submit a report to the appropriate committees of Congress on the results of the review and relevant recommendations.", "id": "id4271c7bb-0afa-4f9a-923d-ddf6be8920ba", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/11" } ] }, { "text": "529. Improved access to air traffic control simulation training \n(a) Access \nThe Administrator shall make tower simulator systems (in this section referred to as TSS ) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA (in this section referred to as an ATCT ), regardless of facility assignment, by carrying out the following: (1) Cloud-based visual database and software system \nNot later than 30 months after the date of enactment of this section, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that includes, at a minimum— (A) every ATCT’s unique runway layout, approach paths, and lines of sight; and (B) specifications that meet all applicable data security requirements. (2) Upgrading TSS \nNot later than 2 years after the date of enactment of this section, the Administrator shall upgrade existing, permanent TSS so that the TSS is capable of, at a minimum— (A) securely and quickly downloading data from the cloud-based visual database and software system implemented under paragraph (1); (B) running scenarios for each ATCT involving differing levels of air traffic volume; and (C) running scenarios for each ATCT involving varying complexities of air traffic (including, but not limited to, aircraft emergencies, rapidly changing weather, issuance of safety alerts, and recovering from unforeseen events or losses of separation). (3) Mobile TSS \nNot later than 4 years after the date of enactment of this section, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the functions described in subparagraphs (A), (B), and (C) of paragraph (2). (b) Collaboration \nIn carrying out the activities under subsection (a), the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.", "id": "ida3690b7a-c6ff-43ee-ae8b-703b0ca3adaf", "header": "Improved access to air traffic control simulation training", "nested": [ { "text": "(a) Access \nThe Administrator shall make tower simulator systems (in this section referred to as TSS ) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA (in this section referred to as an ATCT ), regardless of facility assignment, by carrying out the following: (1) Cloud-based visual database and software system \nNot later than 30 months after the date of enactment of this section, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that includes, at a minimum— (A) every ATCT’s unique runway layout, approach paths, and lines of sight; and (B) specifications that meet all applicable data security requirements. (2) Upgrading TSS \nNot later than 2 years after the date of enactment of this section, the Administrator shall upgrade existing, permanent TSS so that the TSS is capable of, at a minimum— (A) securely and quickly downloading data from the cloud-based visual database and software system implemented under paragraph (1); (B) running scenarios for each ATCT involving differing levels of air traffic volume; and (C) running scenarios for each ATCT involving varying complexities of air traffic (including, but not limited to, aircraft emergencies, rapidly changing weather, issuance of safety alerts, and recovering from unforeseen events or losses of separation). (3) Mobile TSS \nNot later than 4 years after the date of enactment of this section, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the functions described in subparagraphs (A), (B), and (C) of paragraph (2).", "id": "id09486a66-54c3-4d95-8010-349c6a061cfe", "header": "Access", "nested": [], "links": [] }, { "text": "(b) Collaboration \nIn carrying out the activities under subsection (a), the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.", "id": "iddfb1874a-f506-4498-9b8f-d9078d5fe564", "header": "Collaboration", "nested": [], "links": [] } ], "links": [] }, { "text": "530. Air Traffic Controller Instructor Pipeline \n(a) In general \nNo later than 270 days after the date of enactment of this section, the Administrator shall initiate a study examining the pipeline of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over the 5-fiscal year period beginning with fiscal year 2024. (b) Contents \nThe study required by subsection (a) shall include the following: (1) An examination of projected instructor staffing targets, including the number of on-the-job instructors needed for the instruction and training of Certified Professional Controllers in Training (CPC-Its). (2) Whether involving further retired Certified Professional Controllers (CPCs) as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training. (3) Recommendations on how and where to utilize retired certified professional controllers. (4) The effect on the ability of active Certified Professional Controllers (CPCs) to carry out on-the-job duties, other than instruction, and any related efficiencies if more retired Certified Professional Controllers (CPCs) were instructors. (5) The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, where requiring Certified Professional Controllers (CPCs) to provide instruction and training to Certified Professional Controllers in Training (CPC-Its) is a significant burden on FAA air traffic controller staffing levels. (c) Deadline \nNot later than 2 years after the date on which the Administrator initiates the study required by subsection (a), the Administrator shall brief the appropriate committees of Congress on the results on the study and any actions that may be taken based on such results.", "id": "ide0ca5c4f-a85f-403f-8c06-0063cb283a08", "header": "Air Traffic Controller Instructor Pipeline", "nested": [ { "text": "(a) In general \nNo later than 270 days after the date of enactment of this section, the Administrator shall initiate a study examining the pipeline of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over the 5-fiscal year period beginning with fiscal year 2024.", "id": "id0201e5b7-75e4-49c4-916c-d50e09d2bc50", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe study required by subsection (a) shall include the following: (1) An examination of projected instructor staffing targets, including the number of on-the-job instructors needed for the instruction and training of Certified Professional Controllers in Training (CPC-Its). (2) Whether involving further retired Certified Professional Controllers (CPCs) as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training. (3) Recommendations on how and where to utilize retired certified professional controllers. (4) The effect on the ability of active Certified Professional Controllers (CPCs) to carry out on-the-job duties, other than instruction, and any related efficiencies if more retired Certified Professional Controllers (CPCs) were instructors. (5) The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, where requiring Certified Professional Controllers (CPCs) to provide instruction and training to Certified Professional Controllers in Training (CPC-Its) is a significant burden on FAA air traffic controller staffing levels.", "id": "id4c1cc309-f1fa-4c72-ba2e-0720599cfb9b", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Deadline \nNot later than 2 years after the date on which the Administrator initiates the study required by subsection (a), the Administrator shall brief the appropriate committees of Congress on the results on the study and any actions that may be taken based on such results.", "id": "id919ac993-195a-4910-8e1e-b100c864dbd8", "header": "Deadline", "nested": [], "links": [] } ], "links": [] }, { "text": "531. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes \n(a) Review of the air traffic skills assessment \nNot later than 180 days after the date of enactment of this section, the Administrator shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the AT–SA ) administered to air traffic controller applicants described in clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements: (1) The Administrator shall evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce pipeline. (2) The Administrator shall assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment. (3) The Administrator shall assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce pipeline. (b) DOT Inspector General report \nNot later than 180 days after the date on which the Administrator completes the review and any necessary revision of the AT–SA required under subsection (a), the Inspector General of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress, and, upon request, to any member of Congress, a report that assesses the reviewed AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any recommended actions to be taken to address the results of the report.", "id": "id06de0196-648b-47a4-8c64-c7a1b50f5382", "header": "Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes", "nested": [ { "text": "(a) Review of the air traffic skills assessment \nNot later than 180 days after the date of enactment of this section, the Administrator shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the AT–SA ) administered to air traffic controller applicants described in clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements: (1) The Administrator shall evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce pipeline. (2) The Administrator shall assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment. (3) The Administrator shall assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce pipeline.", "id": "id1019e490-848e-4873-a89c-b57441323f46", "header": "Review of the air traffic skills assessment", "nested": [], "links": [] }, { "text": "(b) DOT Inspector General report \nNot later than 180 days after the date on which the Administrator completes the review and any necessary revision of the AT–SA required under subsection (a), the Inspector General of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress, and, upon request, to any member of Congress, a report that assesses the reviewed AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any recommended actions to be taken to address the results of the report.", "id": "id396fa63f-61b7-453d-b664-b8ac3a82a459", "header": "DOT Inspector General report", "nested": [], "links": [] } ], "links": [] }, { "text": "532. Federal Aviation Administration academy and facility expansion plan \n(a) Plan \n(1) In general \nNo later than 90 days after the date of enactment of this section, the Administrator shall initiate the development of a plan to— (A) expand overall FAA capacity relating to facilities, instruction, equipment, and training resources to grow the number of developmental air traffic controllers enrolled per fiscal year and support increases in FAA air controller staffing to advance the safety of the national airspace system; and (B) establish a second FAA Academy in an area described in paragraph (2). (2) Area described \nAn area described in this paragraph is a metropolitan statistical area in which each of the following is located: (A) At least 2 large hub airports. (B) An FAA Flight Standards District Office. (C) An FAA Certificate Management Office. (D) An FAA regional headquarters. (3) Considerations \nIn developing the plan under paragraph (1), the Administrator shall consider— (A) the resources needed to support an increase in the total number of developmental air traffic controllers enrolled at the FAA Academies; (B) the resources needed to lessen FAA Academy attrition per fiscal year; (C) how to modernize the education and training of developmental air traffic controllers, including through the use of new techniques and technologies to support instruction, and whether field training can be administered more flexibly, such as at other FAA locations across the country; (D) the equipment needed to support expanded instruction, including air traffic control simulation systems, virtual reality, and other virtual training platforms; (E) projected staffing needs associated with FAA Academy expansion and the operation of virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers; (F) the use of existing FAA-owned facilities and classroom space and identifying potential opportunities for new construction; (G) the costs of— (i) expanding FAA capacity (as described in paragraph (1)(A)); and (ii) establishing a second FAA Academy (as described in paragraph (1)(B)); (H) soliciting input from, and coordinating with, relevant stakeholders as appropriate, including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (I) other logistical and financial considerations as determined appropriate by the Administrator. (b) Report \nNot later than one year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a). (c) Briefing \nNot later than 180 days after the submission of the plan under subsection (b), the Administrator shall brief the appropriate committees of Congress on the plan, including the implementation of the plan.", "id": "id6edd583e-deb5-463a-9f23-8f8419f6d980", "header": "Federal Aviation Administration academy and facility expansion plan", "nested": [ { "text": "(a) Plan \n(1) In general \nNo later than 90 days after the date of enactment of this section, the Administrator shall initiate the development of a plan to— (A) expand overall FAA capacity relating to facilities, instruction, equipment, and training resources to grow the number of developmental air traffic controllers enrolled per fiscal year and support increases in FAA air controller staffing to advance the safety of the national airspace system; and (B) establish a second FAA Academy in an area described in paragraph (2). (2) Area described \nAn area described in this paragraph is a metropolitan statistical area in which each of the following is located: (A) At least 2 large hub airports. (B) An FAA Flight Standards District Office. (C) An FAA Certificate Management Office. (D) An FAA regional headquarters. (3) Considerations \nIn developing the plan under paragraph (1), the Administrator shall consider— (A) the resources needed to support an increase in the total number of developmental air traffic controllers enrolled at the FAA Academies; (B) the resources needed to lessen FAA Academy attrition per fiscal year; (C) how to modernize the education and training of developmental air traffic controllers, including through the use of new techniques and technologies to support instruction, and whether field training can be administered more flexibly, such as at other FAA locations across the country; (D) the equipment needed to support expanded instruction, including air traffic control simulation systems, virtual reality, and other virtual training platforms; (E) projected staffing needs associated with FAA Academy expansion and the operation of virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers; (F) the use of existing FAA-owned facilities and classroom space and identifying potential opportunities for new construction; (G) the costs of— (i) expanding FAA capacity (as described in paragraph (1)(A)); and (ii) establishing a second FAA Academy (as described in paragraph (1)(B)); (H) soliciting input from, and coordinating with, relevant stakeholders as appropriate, including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and (I) other logistical and financial considerations as determined appropriate by the Administrator.", "id": "idcefd95c5-da35-4853-846b-0bf545c3e6d3", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than one year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a).", "id": "id72a9c583-2610-4bf8-bf45-e8bb7ee08cbb", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Briefing \nNot later than 180 days after the submission of the plan under subsection (b), the Administrator shall brief the appropriate committees of Congress on the plan, including the implementation of the plan.", "id": "idabc53f14-8ae5-4381-af80-ceac6199c6f3", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "533. Pilot program to provide veterans with pilot training services \n(a) In general \nThe Secretary, in consultation with the Secretary of Education and the Secretary of Veterans Affairs, shall establish a program to provide assistance in the form of grants to eligible entities that provide pilot training activities and related education to support a pathway for veterans to become commercial aviators. (b) Eligible entity \nFor purposes of this section, the term eligible entity means a pilot school or provisional pilot school that— (1) holds an Air Agency Certificate under part 141 of title 14, Code of Federal Regulations; and (2) has an established employment pathway with at least 1 air carrier operating under part 121 or 135 of title 14, Code of Federal Regulations. (c) Priority application \nIn selecting eligible entities to award grants to under this section, the Secretary shall give priority to eligible entities that meet the following criteria: (1) The eligible entity is accredited (as defined in section 61.1 of title 14, Code of Federal Regulations) by an accrediting agency recognized by the Secretary of Education. (2) The eligible entity holds a letter of authorization issued in accordance with section 61.169 of title 14, Code of Federal Regulations. (d) Use of funds \nAmounts from a grant received by an eligible entity under the pilot program shall be used for the following: (1) Administrative costs related to implementation of the program, not to exceed 10 percent of the amount awarded. (2) To provide guidance and pilot training services, including tuition and flight training fees for veterans enrolled with the eligible entity and any training required to reach proficiency, to the veterans enrolled to support them in obtaining any of the following pilot certificates and ratings: (A) Private pilot certificate with airplane single-engine or multi-engine ratings. (B) Instrument rating. (C) Commercial pilot certificate with airplane single-engine or multi-engine ratings. (D) Multi-engine rating. (E) Certificated flight instructor single-engine certificate, if applicable to degree sought. (F) Certificated flight instructor multi-engine certificate, if applicable to degree sought. (G) Certificated flight instructor instrument certificate, if applicable to degree sought. (3) To provide books, training materials, and equipment to support pilot training activities and related education for veterans enrolled with the eligible entity. (4) To provide periodic reports to the Secretary on use of the grant funds, including documentation of training completion of the certificates and ratings described in subparagraphs (A) through (G) of paragraph (2). (e) Appropriations \nTo carry out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2024 through 2028.", "id": "idD4D07F036E7A4B6C994C484C532200BE", "header": "Pilot program to provide veterans with pilot training services", "nested": [ { "text": "(a) In general \nThe Secretary, in consultation with the Secretary of Education and the Secretary of Veterans Affairs, shall establish a program to provide assistance in the form of grants to eligible entities that provide pilot training activities and related education to support a pathway for veterans to become commercial aviators.", "id": "id470D4D79BF0A49ED9BAB8AC1C7F43D97", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible entity \nFor purposes of this section, the term eligible entity means a pilot school or provisional pilot school that— (1) holds an Air Agency Certificate under part 141 of title 14, Code of Federal Regulations; and (2) has an established employment pathway with at least 1 air carrier operating under part 121 or 135 of title 14, Code of Federal Regulations.", "id": "id193FFD19A3E6459D9A395E00C08FF37C", "header": "Eligible entity", "nested": [], "links": [] }, { "text": "(c) Priority application \nIn selecting eligible entities to award grants to under this section, the Secretary shall give priority to eligible entities that meet the following criteria: (1) The eligible entity is accredited (as defined in section 61.1 of title 14, Code of Federal Regulations) by an accrediting agency recognized by the Secretary of Education. (2) The eligible entity holds a letter of authorization issued in accordance with section 61.169 of title 14, Code of Federal Regulations.", "id": "id49E3742409D945789D1BD1F19075C825", "header": "Priority application", "nested": [], "links": [] }, { "text": "(d) Use of funds \nAmounts from a grant received by an eligible entity under the pilot program shall be used for the following: (1) Administrative costs related to implementation of the program, not to exceed 10 percent of the amount awarded. (2) To provide guidance and pilot training services, including tuition and flight training fees for veterans enrolled with the eligible entity and any training required to reach proficiency, to the veterans enrolled to support them in obtaining any of the following pilot certificates and ratings: (A) Private pilot certificate with airplane single-engine or multi-engine ratings. (B) Instrument rating. (C) Commercial pilot certificate with airplane single-engine or multi-engine ratings. (D) Multi-engine rating. (E) Certificated flight instructor single-engine certificate, if applicable to degree sought. (F) Certificated flight instructor multi-engine certificate, if applicable to degree sought. (G) Certificated flight instructor instrument certificate, if applicable to degree sought. (3) To provide books, training materials, and equipment to support pilot training activities and related education for veterans enrolled with the eligible entity. (4) To provide periodic reports to the Secretary on use of the grant funds, including documentation of training completion of the certificates and ratings described in subparagraphs (A) through (G) of paragraph (2).", "id": "id0328BD557C4B4C529485CD1706AFE551", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Appropriations \nTo carry out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2024 through 2028.", "id": "idA64F92A68F664C2AAFBF019664EDFC8A", "header": "Appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "534. Biennial reports to Congress on designated pilot examiners \nNot later than 180 days after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to the appropriate committees of Congress a report that evaluates the use of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations (or any successor regulation) for testing, including both written and practical tests. Such report shall include an analysis of— (1) the methodology and rationale by which designated pilot examiners are deployed; (2) with respect to the previous fiscal year, the average time an individual in each region must wait to schedule an appointment with a designated pilot examiner; (3) with respect to the previous fiscal year, the estimated total time individuals in each region were forced to wait to schedule an appointment with a designated pilot examiner; (4) the primary reasons and best ways to reduce such wait times; (5) the number of tests conducted by designated pilot examiners; (6) the number and percentage of available designated pilot examiners that perform such tests; and (7) the average rate of retests, including of both written and practical tests.", "id": "H71AFB124262843C397E7D7156A56E12A", "header": "Biennial reports to Congress on designated pilot examiners", "nested": [], "links": [] }, { "text": "535. GAO study and report on the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers \n(a) Study \nThe Comptroller General shall conduct a study to identify the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers (as such term is defined in section 41719(d) of title 49, United States Code). (b) Report \nNot later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id8312a5a88bcc4527ba3ed21b2ab3f8c7", "header": "GAO study and report on the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers", "nested": [ { "text": "(a) Study \nThe Comptroller General shall conduct a study to identify the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers (as such term is defined in section 41719(d) of title 49, United States Code).", "id": "id37feb16216dc456991760aae047ae564", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id5BC239A104BD4FA28FFA3BDEFB8879A2", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "536. Minority Serving Institutions (MSI) Internship Program \n(a) In general \nSubject to the availability of appropriations, the Administrator shall continue operation of the FAA Minority Serving Institutions (MSI) program (in this section referred to as the Program ) during the period that begins on the date of enactment of this section and ends on September 30, 2028. In carrying out the Program, the Administrator shall continue to provide internship opportunities to eligible students. (b) Outreach \nThe Administrator shall establish and conduct outreach to minority-serving institutions to recruit students for the Program. (c) Requirements \nThe following requirements shall apply to the Program: (1) Minority-serving institution \nThe FAA shall consider an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ) as a minority-serving institution for purposes of the Program. (2) Eligibility requirements \nThe FAA shall not limit eligibility— (A) of a student for the Program on the basis of the student’s academic major but may allocate internship slots to mission-critical positions if there are demonstrated human capital needs in that area; and (B) to only students currently attending a minority-serving institution if they are deemed otherwise eligible. (3) Year-round \nThe FAA shall make internship placements under the Program available during academic sessions throughout the year and may extend an internship placement for a student beyond a single academic session. (4) Direct hiring authority \nThe Administrator shall utilize existing direct hiring authority to accelerate the hiring of students who have participated in and completed the Program and have graduated with an undergraduate or post-graduate degree. (5) Pay \nAll internships under the Program shall be paid and the FAA may increase pay for a placement based on the location of the internship, the field of study of the intern, or whether the student is an undergraduate versus a graduate student. (d) Annual reports \nThe FAA shall submit an annual report to the appropriate committees of Congress on the Program. Each annual report shall include the following with respect to the reporting period: (1) The total number of applicants. (2) The total number of applicants offered an internship and the total number of applicants who accept an internship. (3) The de-identified data on the race, national origin, gender, and State of residence of Program applicants. (4) Detailed information on the FAA outreach plan for the upcoming year. (5) The schools of applicants, of applicants offered an internship, and of applicants who accept an internship. (6) The location and line of business where each intern is placed. (7) The conversion rate of interns in the Program who are hired as full-time FAA employees.", "id": "id31b430d15ed04c38bd16d17801bc8b0e", "header": "Minority Serving Institutions (MSI) Internship Program", "nested": [ { "text": "(a) In general \nSubject to the availability of appropriations, the Administrator shall continue operation of the FAA Minority Serving Institutions (MSI) program (in this section referred to as the Program ) during the period that begins on the date of enactment of this section and ends on September 30, 2028. In carrying out the Program, the Administrator shall continue to provide internship opportunities to eligible students.", "id": "id3ada958738664c69824a14bcd1a81341", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Outreach \nThe Administrator shall establish and conduct outreach to minority-serving institutions to recruit students for the Program.", "id": "idd1f357f9d8dd40ed85bd9fe64f3b0e81", "header": "Outreach", "nested": [], "links": [] }, { "text": "(c) Requirements \nThe following requirements shall apply to the Program: (1) Minority-serving institution \nThe FAA shall consider an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ) as a minority-serving institution for purposes of the Program. (2) Eligibility requirements \nThe FAA shall not limit eligibility— (A) of a student for the Program on the basis of the student’s academic major but may allocate internship slots to mission-critical positions if there are demonstrated human capital needs in that area; and (B) to only students currently attending a minority-serving institution if they are deemed otherwise eligible. (3) Year-round \nThe FAA shall make internship placements under the Program available during academic sessions throughout the year and may extend an internship placement for a student beyond a single academic session. (4) Direct hiring authority \nThe Administrator shall utilize existing direct hiring authority to accelerate the hiring of students who have participated in and completed the Program and have graduated with an undergraduate or post-graduate degree. (5) Pay \nAll internships under the Program shall be paid and the FAA may increase pay for a placement based on the location of the internship, the field of study of the intern, or whether the student is an undergraduate versus a graduate student.", "id": "id52404e810d69446b81f4a031249091f9", "header": "Requirements", "nested": [], "links": [ { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" } ] }, { "text": "(d) Annual reports \nThe FAA shall submit an annual report to the appropriate committees of Congress on the Program. Each annual report shall include the following with respect to the reporting period: (1) The total number of applicants. (2) The total number of applicants offered an internship and the total number of applicants who accept an internship. (3) The de-identified data on the race, national origin, gender, and State of residence of Program applicants. (4) Detailed information on the FAA outreach plan for the upcoming year. (5) The schools of applicants, of applicants offered an internship, and of applicants who accept an internship. (6) The location and line of business where each intern is placed. (7) The conversion rate of interns in the Program who are hired as full-time FAA employees.", "id": "id3bc8025444544942ad4b7374531ebbb0", "header": "Annual reports", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" } ] }, { "text": "537. FAA Educational Partnership Initiative \nBeginning on and after the date of enactment of this section, the Administrator shall continue to operate the Educational Partnership Initiative of the FAA through fiscal year 2028.", "id": "id108e8a8450f34176b37fa3bdf8195845", "header": "FAA Educational Partnership Initiative", "nested": [], "links": [] }, { "text": "541. Short title \nThis subtitle may be cited as the Flight Education Access Act.", "id": "idECABD430F47D4889AAE95295467D5968", "header": "Short title", "nested": [], "links": [] }, { "text": "542. Increase in Federal student loan limits for students in flight education and training programs \nSection 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended— (1) in subsection (p)— (A) by striking Each institution and inserting the following: (1) In general \nEach institution ; (B) in paragraph (1) (as designated by subparagraph (A)), by inserting before the period at the end the following: and, shall, with respect to Federal Direct Unsubsidized Stafford Loans made after the date of enactment of the Flight Education Access Act to an eligible student (as defined in subsection (r)), comply with the requirements of paragraph (2) ; and (C) by adding at the end the following: (2) Additional disclosures \nAt or prior to the disbursement of a Federal Direct Unsubsidized Stafford Loan after the date of enactment of the Flight Education Access Act to an eligible student (as defined in subsection (r)), the following shall be disclosed: (A) The principal amount of the loan, the stated interest rate on the loan, the number of required monthly payments to be made on the loan (which shall be based on a standard repayment plan), and the estimated number of months before the start of the repayment period for the loan (based on the expected date on which the repayment period is to begin or the deferment period is to end, as applicable). (B) The estimated balance to be owed by the borrower on such loan (including, if applicable, the estimated amount of interest to be capitalized) as of the scheduled date on which the repayment period is to begin or the deferment period is to end, as applicable, and an estimate of the projected monthly payment. (C) An estimate of the aggregate amount the borrower will pay for the loan, including the total amount of monthly payments made over the life of the loan plus the amount of any charges for the loan, such as an origination fee. ; and (2) by adding at the end the following: (r) Increase in loan limits for students in flight education and training programs \n(1) In general \nNotwithstanding any other provision of this Act, the loan limits for Federal Direct Unsubsidized Stafford Loans made after the date of enactment of the Flight Education Access Act with respect to eligible students shall be subject to this subsection. (2) Definitions \nIn this section: (A) Eligible student \nThe term eligible student means a student who is enrolled in an eligible undergraduate flight education and training program. (B) Eligible undergraduate flight education and training program \nThe term eligible undergraduate flight education and training program means an undergraduate flight education and training program that offers training for applicants seeking a commercial pilot certificate and— (i) during the period beginning on the date of enactment of the Flight Education Access Act and ending on the date on which 3 years of data has been collected pursuant to paragraph (3)(C), that meets all the applicable requirements of this Act; and (ii) beginning on the date on which 3 years of data has been collected pursuant to paragraph (3)(C), that meets all the applicable requirements of this Act and has a completion rate averaged over a 3-year period, as calculated under paragraph (3)(C), that is equal to or greater than 70 percent. (C) Undergraduate flight education and training program \nThe term undergraduate flight education and training program — (i) has the meaning given the term by the Secretary, in consultation with the Administrator of the Federal Aviation Administration; (ii) shall include a flight education and training program offered by an eligible institution that is accredited by an accrediting agency recognized by the Secretary, that— (I) awards undergraduate certificates or associate or bachelor degrees; and (II) provides pilot training in accordance with part 141 of title 14, Code of Federal Regulations, or any successor regulation; and (iii) shall not include a flight education and training program certified under part 61 of title 14, Code of Federal Regulations, or any successor regulation. (3) Loan limits for eligible undergraduate flight education and training programs \n(A) Limits for eligible students who are dependent students \n(i) Annual limits \nThe maximum annual amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is a dependent student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be— (I) in the case of an eligible student at an eligible institution who has not successfully completed the first year of an eligible undergraduate flight education and training program— (aa) $13,500, if such student is enrolled in such a program whose length is at least one academic year in length; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; (II) in the case of an eligible student at an eligible institution who has successfully completed the first year of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program— (aa) $15,500; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; (III) in the case of a student at an eligible institution who has successfully completed the first year and second years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program— (aa) $16,500; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; and (IV) in the case of a student at an eligible institution who has successfully completed the first, second, and third years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program— (aa) $15,500; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year. (ii) Aggregate limits \nThe maximum aggregate amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is a dependent student may borrow shall be $65,000. (B) Limits for eligible students who are independent students \n(i) Annual limits \nThe maximum annual amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is an independent student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be— (I) in the case of an eligible student at an eligible institution who has not successfully completed the first year of an eligible undergraduate flight education and training program— (aa) $21,500, if such student is enrolled in such a program whose length is at least one academic year in length; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; (II) in the case of an eligible student at an eligible institution who has successfully completed the first year of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program— (aa) $25,500; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; (III) in the case of a student at an eligible institution who has successfully completed the first year and second years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program— (aa) $25,500; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; and (IV) in the case of a student at an eligible institution who has successfully completed the first, second, and third years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program— (aa) $22,500; or (bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year. (ii) Aggregate limits \nThe maximum aggregate amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is an independent student may borrow shall be $107,500. (C) Data collection on, and calculation of, completion rates \n(i) In general \nThe Secretary shall annually calculate the completion rate of each undergraduate flight education and training program at each eligible institution based on the information collected under clause (ii). (ii) Collection of information \nThe Secretary shall annually collect information, for each academic year, on— (I) the total number of students enrolled in an undergraduate flight education and training program at an eligible institution; and (II) those students who complete such program— (aa) who earn a private pilot’s certificate for an airplane category rating with a single-engine class rating while enrolled in such program; or (bb) who at the time of enrollment, possess such a certificate. (iii) Calculation of completion rate \nTo calculate the completion rate described in clause (i), the Secretary shall— (I) consider as having completed, those students who earn a private pilot’s certificate for an airplane category rating with a single-engine class rating, or who at the time of enrollment possess such a certificate, and complete the undergraduate flight education and training program at an eligible institution— (aa) that predominantly awards associate degrees, within 200 percent of the normal time for completion; (bb) that predominantly awards bachelor degrees, within 150 percent of the normal time for completion; and (cc) that predominantly awards undergraduate certificates, within 200 percent of the normal time for completion; (II) consider as not having completed, those students who earn a private pilot’s certificate for an airplane category rating with a single-engine class rating, or who at the time of enrollment possess such a certificate, and who transfer out of the undergraduate flight education and training program to another program at the eligible institution that is not an undergraduate flight education and training program or to a program that is not an undergraduate flight education and training program at another eligible institution; and (III) not include in the calculation, any student who— (aa) is a foreign national; (bb) earns a private pilot’s certificate for an airplane category rating with a single-engine class rating and transfers out of the undergraduate flight education and training program to another undergraduate flight education and training program at a different eligible institution; or (cc) is enrolled in an undergraduate flight education and training program and never earns a private pilot’s certificate for an airplane category rating with a single-engine class rating. (D) Reporting requirements \n(i) In general \nThe Secretary shall require each undergraduate flight education and training program that enrolls students who receive assistance under this part to provide the data described in this subparagraph that is necessary for the completion of the reporting requirements described in this subparagraph. (ii) Form of data collection \nThe Secretary shall prescribe the form and format of the data required to be provided under this subparagraph and include, at a minimum, the following data elements: (I) Student data elements necessary to calculate student enrollment, persistence, retention, transfer, and completion rates. (II) Information disaggregated by gender, race, ethnicity, and socioeconomic status. (iii) Report to Congress \nNot later than 9 months after the date of enactment of the Flight Education Access Act and biennially thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives, analyzing and assessing the data collected pursuant to this subparagraph and conforming to the requirements of this subparagraph that shall include the following: (I) An assessment of the effectiveness of the requirements under this subsection. (II) Information on enrollment, persistence, retention, transfer, completion, utilization of Federal financial aid, and unmet financial need, including information on applicable institutions. (III) Information on the gender, race, ethnicity, and socioeconomic status of students enrolled in an undergraduate flight education and training program. (4) Prohibition on mass cancellation of eligible undergraduate flight education and training program loans \nThe Secretary, the Secretary of the Treasury, or the Attorney General may not take any action to cancel or forgive the outstanding balances, or portion of balances, on any Federal Direct Unsubsidized Stafford Loan, or otherwise modify the terms or conditions of a Federal Direct Unsubsidized Stafford Loan, made to an eligible student, except as authorized by an Act of Congress..", "id": "idC25CEEE1C91C4CDA9ACC43759424C144", "header": "Increase in Federal student loan limits for students in flight education and training programs", "nested": [], "links": [ { "text": "20 U.S.C. 1087e", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" } ] }, { "text": "543. GAO report \nNot later than 2 years after the date of enactment of this Act, the Comptroller General shall— (1) examine and review the implementation of this subtitle and the amendments made by this subtitle, which review shall include— (A) the number of participating institutions offering undergraduate flight education and training programs (as defined in section 455(r) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(r) ), as amended by this subtitle); (B) the number of students enrolled in such undergraduate flight education and training programs, and demographic data regarding such students; (C) the level of such students' participation in the loan program under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ), including demographic data as appropriate; and (D) feedback from participating institutions regarding the implementation of this subtitle and the amendments made by this subtitle; (2) develop recommendations to the Department of Education on any changes that should be made to improve the implementation of this subtitle and the amendments made by this subtitle; and (3) prepare and submit a report on the findings and recommendations under paragraphs (1) and (2) to— (A) the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Education and the Workforce and the Committee on Transportation and Infrastructure of the House of Representatives.", "id": "idDA5584AB01BD446492267B1E346F6F2D", "header": "GAO report", "nested": [], "links": [ { "text": "20 U.S.C. 1087e(r)", "legal-doc": "usc", "parsable-cite": "usc/20/1087e" }, { "text": "20 U.S.C. 1087a et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1087a" } ] }, { "text": "544. Rule of construction \nNothing in this subtitle, or an amendment made by this subtitle, shall be construed to repeal, amend, supersede, or affect any pilot training or qualification provision under existing law.", "id": "id71b14a2d3224422385f14009faffcd54", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "545. Authorization of appropriations \nThere is authorized to be appropriated to the Secretary of Education, in addition to any amounts otherwise available, to carry out the amendments made by this subtitle $3,000,000 for each of fiscal years 2023 through 2033. Such funds shall be available until expended.", "id": "id6E2080E9F4BB4C24A031F8DD66A63F17", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "601. AIP eligibility amendments \nSection 47102(3) of title 49, United States Code, is amended— (1) in subparagraph (B)— (A) in clause (ix), by striking and after the semicolon; (B) in clause (x), by striking the period and inserting ; and ; and (C) by adding at the end the following: (xi) a medium intensity approach lighting system with runway alignment indicator lights. ; (2) by redesignating subparagraphs (Q) and (R) as subparagraphs (S) and (T), respectively; (3) by redesignating subparagraphs (M) through (P) as subparagraphs (N) through (Q), respectively; (4) by inserting after subparagraph (L) the following: (M) constructing or acquiring airport-owned infrastructure or equipment, notwithstanding revenue producing capability, as defined in subsection (24), required for the on-airport distribution or storage of unleaded aviation gas for use by piston-driven aircraft, including on-airport construction or expansion of pipelines, storage tanks, low-emission fuel systems, and airport-owned and operated fuel trucks providing exclusively unleaded aviation fuels, unless the Secretary determines that an alternative fuel may be safely used for a limited time. ; (5) by inserting after subparagraph (Q) (as redesignated by paragraph (3)), the following: (R) acquiring or installing new renewable energy generation infrastructure (such as solar, geothermal, or wind) that provide power for on-airport uses and energy storage systems, and necessary substation upgrades to support such infrastructure. ; and (6) by inserting after subparagraph (T) (as redesignated by paragraph (2)), the following: (U) initial acquisition (and excluding subsequent upgrades) of an advanced digital construction management system (meaning a computer platform that uses digital technology throughout the life cycle of a capital infrastructure project, including through project phases such as design and construction, when that system is acquired to carry out a project approved by the Secretary under this subchapter. (V) reconstructing or rehabilitating an existing crosswind runway provided the sponsor includes reconstruction or rehabilitation of the runway in the sponsor’s most recent approved airport layout plan..", "id": "idf0f71bb0-fa39-4e06-ade9-69c9939bca45", "header": "AIP eligibility amendments", "nested": [], "links": [] }, { "text": "602. Revised minimum apportionments \nSection 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following: (K) Minimum apportionment for commercial service airports with more than 4,000 passenger boardings in a calendar year \nNot less than $400,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 8,000 passenger boardings, but at least 4,000 passenger boardings, during the prior calendar year..", "id": "id22bb71d0-5759-4310-939e-b791eead6245", "header": "Revised minimum apportionments", "nested": [], "links": [] }, { "text": "603. Apportionments for transitioning airports \nSection 47114(f)(3) of title 49, United States Code, is amended— (1) in subparagraph (A), by striking Beginning with the fiscal year and inserting For 5 fiscal years ; and (2) in subparagraph (B), by striking fiscal year 2004 and inserting fiscal years beginning with fiscal year 2024, and shall apply to apportionments determined for that fiscal year and for fiscal years thereafter.", "id": "idb550e222-d940-4045-af68-caccf5fcb660", "header": "Apportionments for transitioning airports", "nested": [], "links": [] }, { "text": "604. Updating United States Government’s share of project costs \n(a) In general \nSection 47109 of title 49, United States Code, is amended— (1) by striking subsection (b) and inserting the following: (b) Increased government share \nIn any State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, the Government’s share of allowable project costs provided in subsection (a) shall be— (1) unchanged for a project at a large hub airport in the State; or (2) 95 percent for a project at any other airport in the State. ; (2) by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively; (3) in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following: (1) is not a medium or large hub airport; and ; and (4) by inserting after subsection (e), as so redesignated, the following: (f) Special rule for fiscal years 2024 through 2026 \nNotwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2024 through 2026 is 95 percent.. (b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2023.", "id": "ida50bc496-d525-4fe8-b2f8-94d86b614f1d", "header": "Updating United States Government’s share of project costs", "nested": [ { "text": "(a) In general \nSection 47109 of title 49, United States Code, is amended— (1) by striking subsection (b) and inserting the following: (b) Increased government share \nIn any State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, the Government’s share of allowable project costs provided in subsection (a) shall be— (1) unchanged for a project at a large hub airport in the State; or (2) 95 percent for a project at any other airport in the State. ; (2) by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively; (3) in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following: (1) is not a medium or large hub airport; and ; and (4) by inserting after subsection (e), as so redesignated, the following: (f) Special rule for fiscal years 2024 through 2026 \nNotwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2024 through 2026 is 95 percent..", "id": "iddfcffb2b-5f3b-440a-acbb-b3cef70aea1a", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall take effect on October 1, 2023.", "id": "idb0a8cf57-494f-4e62-ac95-503964fad910", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "605. Primary airport designation \nSection 47114(c)(1) of title 49, United States Code, as amended by section 602, is amended by adding at the end the following: (L) Public airports with military use \nNotwithstanding any other provision of law, a public airport shall be considered a nonhub primary airport in each of fiscal years 2024 through 2028 for purposes of this chapter if such airport was— (i) designated as a primary airport in fiscal year 2017; and (ii) in use by an air reserve station in the calendar year used to calculate apportionments to airport sponsors in a fiscal year..", "id": "idd27e526d-b39b-4f79-924e-a46bd544075c", "header": "Primary airport designation", "nested": [], "links": [] }, { "text": "606. Discretionary fund for terminal development costs \n(a) Terminal projects at transitioning airports \nSection 47119(c) of title 49, United States Code, is amended— (1) in paragraph (4), by striking or after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (5), the following: (6) not more than $20,00,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title, to the sponsor of a nonprimary airport to pay costs allowable under subsection (a) for terminal development projects, if the Secretary determines (which may be based on actual and projected enplanement trends, as well as completion of an air service development study, demonstrated commitment by airlines to provide commercial service accommodating at least 10,000 annual enplanements, the sponsor’s documented commitment to providing the remaining funding to complete the proposed project, and a favorable environmental finding (including all required permits) in support of the proposed project) that the status of the nonprimary airport is reasonably expected to change to primary status in the next published report under section 47103.. (b) Limitation \nSection 47119(f) of title 49, United States Code, is amended by striking $20,000,000 and inserting $30,000,000.", "id": "id9c6ce57f-7be8-4932-8d46-dd13b1579009", "header": "Discretionary fund for terminal development costs", "nested": [ { "text": "(a) Terminal projects at transitioning airports \nSection 47119(c) of title 49, United States Code, is amended— (1) in paragraph (4), by striking or after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (5), the following: (6) not more than $20,00,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title, to the sponsor of a nonprimary airport to pay costs allowable under subsection (a) for terminal development projects, if the Secretary determines (which may be based on actual and projected enplanement trends, as well as completion of an air service development study, demonstrated commitment by airlines to provide commercial service accommodating at least 10,000 annual enplanements, the sponsor’s documented commitment to providing the remaining funding to complete the proposed project, and a favorable environmental finding (including all required permits) in support of the proposed project) that the status of the nonprimary airport is reasonably expected to change to primary status in the next published report under section 47103..", "id": "id0f01ef2d-5c4a-4cba-8ecc-11d2d41ff045", "header": "Terminal projects at transitioning airports", "nested": [], "links": [] }, { "text": "(b) Limitation \nSection 47119(f) of title 49, United States Code, is amended by striking $20,000,000 and inserting $30,000,000.", "id": "id6377c349-98c0-442d-a865-50b0d2c27c5a", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "607. Alternative-delivery and advance-construction methods pilot program \nSection 47142 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Pilot program \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Administrator shall establish a pilot program under which not less than 5 airport sponsors shall be authorized through the application process under subsection (a) to award a design-build contract for a project that uses alternative-delivery and advance-construction methods, for purposes of evaluating the extent to which such methods expedite project delivery and reduce construction costs. (2) Report \nNot later than 90 days after the date on which the pilot program ends, the Administrator shall submit to Congress a report on the results of the pilot program, together with recommendations for such legislative or administrative action as the Administrator determines appropriate..", "id": "id9b029f68-dce2-48c3-8052-d5e48bc91980", "header": "Alternative-delivery and advance-construction methods pilot program", "nested": [], "links": [] }, { "text": "608. Integrated project delivery \n(a) Pilot program \nNot later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104 of title 49, United States Code. (b) Application \n(1) Eligibility \nA sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under chapter 471 of such title 49. (2) Approval \nThe Secretary may approve the application of a sponsor of an airport submitted under paragraph (1) to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if— (A) the Secretary approves the application using criteria established by the Secretary; (B) the integrated project delivery contract is in a form that is approved by the Secretary; (C) the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant; (D) the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project; (E) the Secretary is satisfied that there will be no conflict of interest; and (F) the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process. (c) Reimbursement of costs \nReimbursement of costs shall be based on transparent cost accounting, also known as open book cost accounting. The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if— (1) the project funding is approved by the Secretary in advance; (2) the project is carried out in accordance with all administrative and statutory requirements under chapter 471 of such title 49; and (3) the project is carried out under such chapter after a grant agreement has been executed. (d) Integrated project delivery contract defined \nIn this section, the term integrated project delivery contract means a single contract for the delivery of a whole project that— (1) includes, at a minimum, the owner, builder, and architect-engineer as parties that are subject to the terms of the contract; (2) aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and (3) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes. (e) Expiration of authority \nThe authority of the Secretary to award grants under the pilot program under this section shall expire on September 30, 2028.", "id": "id573545ef-a6b8-4b5a-92b6-ef9db7d0a701", "header": "Integrated project delivery", "nested": [ { "text": "(a) Pilot program \nNot later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104 of title 49, United States Code.", "id": "id43d4da1d-77b9-46ed-b103-56d5e379ff8a", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Application \n(1) Eligibility \nA sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under chapter 471 of such title 49. (2) Approval \nThe Secretary may approve the application of a sponsor of an airport submitted under paragraph (1) to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if— (A) the Secretary approves the application using criteria established by the Secretary; (B) the integrated project delivery contract is in a form that is approved by the Secretary; (C) the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant; (D) the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project; (E) the Secretary is satisfied that there will be no conflict of interest; and (F) the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process.", "id": "ida786ed2f-ae4e-4233-bc20-4dbb09708d29", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Reimbursement of costs \nReimbursement of costs shall be based on transparent cost accounting, also known as open book cost accounting. The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if— (1) the project funding is approved by the Secretary in advance; (2) the project is carried out in accordance with all administrative and statutory requirements under chapter 471 of such title 49; and (3) the project is carried out under such chapter after a grant agreement has been executed.", "id": "idfd3d1018-d6ef-4933-a6d4-af5a7f7e1f6a", "header": "Reimbursement of costs", "nested": [], "links": [] }, { "text": "(d) Integrated project delivery contract defined \nIn this section, the term integrated project delivery contract means a single contract for the delivery of a whole project that— (1) includes, at a minimum, the owner, builder, and architect-engineer as parties that are subject to the terms of the contract; (2) aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and (3) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.", "id": "idd23cc668-1b73-47b3-a457-ef6db3eb7e0b", "header": "Integrated project delivery contract defined", "nested": [], "links": [] }, { "text": "(e) Expiration of authority \nThe authority of the Secretary to award grants under the pilot program under this section shall expire on September 30, 2028.", "id": "id044da8dc-b0ec-4b55-8d2f-0e07c8511399", "header": "Expiration of authority", "nested": [], "links": [] } ], "links": [] }, { "text": "609. Airport investment partnership program \nSection 47134(b) of title 49, United States Code, is amended by adding at the end the following: (4) Benefit-cost analysis \nPrior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis. To facilitate the approval process, if a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall— (A) be issued within 60 days of the sponsor’s submission of all information required by the Secretary; (B) be based upon a collaborative review process that includes the sponsor or sponsor’s representative; (C) not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other authority; and (D) not constitute any other obligation on the part of the Federal Government until the conditions specified in the final benefit-cost analysis are met..", "id": "id5c818359-2b0e-4d56-a443-778b636f68ce", "header": "Airport investment partnership program", "nested": [], "links": [] }, { "text": "610. Airport accessibility \n(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47144 the following: 47145. Pilot program for airport accessibility \n(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note). (b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a). (c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described. (d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles. (e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities. (f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration. (g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109. (h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features, and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.. (b) Conforming amendment \nThe analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following: 47145. Pilot program for airport accessibility..", "id": "id345d2ac3-a667-4ecb-a59b-3ebbd91c75a5", "header": "Airport accessibility", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47144 the following: 47145. Pilot program for airport accessibility \n(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note). (b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a). (c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described. (d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles. (e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities. (f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration. (g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109. (h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features, and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year..", "id": "id7bad1d60-d055-49aa-8355-dea496ab3731", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" }, { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" } ] }, { "text": "(b) Conforming amendment \nThe analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following: 47145. Pilot program for airport accessibility..", "id": "id813be0fe-075b-4f0e-9c42-9d77f5ada4c1", "header": "Conforming amendment", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" } ] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" }, { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" }, { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "section 47144", "legal-doc": "usc", "parsable-cite": "usc/49/47144" } ] }, { "text": "47145. Pilot program for airport accessibility \n(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note). (b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a). (c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described. (d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles. (e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities. (f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration. (g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109. (h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features, and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "id7d49155d-8165-4909-8f20-d6ff653dd909", "header": "Pilot program for airport accessibility", "nested": [ { "text": "(a) In general \nThe Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ) and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 note).", "id": "id7c734b2a-e75b-419d-8c5c-a0314bfb2e6f", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" } ] }, { "text": "(b) Use of funds \n(1) In general \nSubject to paragraph (2), a sponsor shall use a grant awarded under this section— (A) for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities; (B) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including— (i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or (ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or (C) to carry out any other project that meets or exceeds the standards and regulations described in subsection (a). (2) Limitation \nEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a).", "id": "idc3b753ca-a04a-42b9-9c28-858b46dfd4da", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Eligibility \nA sponsor— (1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and (2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described.", "id": "id29e33f5c-e209-44d1-bd69-b0a47a42c9a2", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(d) Selection criteria \nIn making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing— (1) a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or (2) to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles.", "id": "id4a37ae6b-f60c-4ca9-8b6c-caa4486b1157", "header": "Selection criteria", "nested": [], "links": [] }, { "text": "(e) Accessibility commitment \nA sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that— (1) enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by— (A) upgrading bathrooms, counters, or pumping rooms; (B) increasing audio and visual accessibility on information boards, security gates, or paging systems; (C) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs); (D) updating airport websites and other information communication technology to be accessible for individuals with disabilities; or (E) increasing the number of elevators, including elevators that move power wheelchairs to an aircraft; (2) improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities; (3) establish a disability advisory committee, as defined in subsection (h); (4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and (5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities.", "id": "ida25a9d5c-7838-4ed4-945c-f943cb95afef", "header": "Accessibility commitment", "nested": [], "links": [] }, { "text": "(f) Coordination with disability advocacy entities \nIn administering grants under this section, the Secretary shall encourage— (1) engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and (2) assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration.", "id": "idca5c6605-682e-480f-a5b7-26d0f2b0b97e", "header": "Coordination with disability advocacy entities", "nested": [], "links": [] }, { "text": "(g) Federal share of costs \nThe Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109.", "id": "id8c7fc2ab-99e7-4c95-9945-7ec0c6d87f31", "header": "Federal share of costs", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Center for independent living \nThe term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (2) Disability advisory committee \nThe term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features, and improving accessibility for individuals with disabilities at airports. (3) Protection and advocacy system \nThe term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ).", "id": "id0bf429ed-bd3f-4454-b706-0e425f2e0e08", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" } ] }, { "text": "(i) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "id5107b170-8256-41b5-8127-3add0a8684bd", "header": "Funding", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 12131 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12131" }, { "text": "29 U.S.C. 701", "legal-doc": "usc", "parsable-cite": "usc/29/701" }, { "text": "29 U.S.C. 796a", "legal-doc": "usc", "parsable-cite": "usc/29/796a" }, { "text": "42 U.S.C. 15043", "legal-doc": "usc", "parsable-cite": "usc/42/15043" } ] }, { "text": "611. General aviation public-private partnership program \n(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 610(a), is amended by inserting after section 47145, the following: 47146. General aviation public-private partnership program \n(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service. (b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application. (c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent. (d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion. (e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building, rehabilitating, or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2). (f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section. (g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.. (b) Clerical amendment \nThe analysis for chapter 471 of such title, as amended by section 610(b), is amended by inserting after the item relating to section 47145 the following: 47146. General aviation public-private partnership program..", "id": "id1ca96aee-7ebb-4b28-8537-cb1b33ba979b", "header": "General aviation public-private partnership program", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 610(a), is amended by inserting after section 47145, the following: 47146. General aviation public-private partnership program \n(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service. (b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application. (c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent. (d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion. (e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building, rehabilitating, or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2). (f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section. (g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year..", "id": "id65b485ca-c5e5-4049-aea6-cc1ddb189566", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 471 of such title, as amended by section 610(b), is amended by inserting after the item relating to section 47145 the following: 47146. General aviation public-private partnership program..", "id": "ided455d30-6ab6-44fc-a2b7-f8f4bf17d001", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "47146. General aviation public-private partnership program \n(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service. (b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application. (c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent. (d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion. (e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building, rehabilitating, or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2). (f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section. (g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "id24f7a80f-a956-4f42-83c5-c375f4677778", "header": "General aviation public-private partnership program", "nested": [ { "text": "(a) In general \nThe Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service.", "id": "id9547c62b-0f60-4171-af08-d10826db755e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application required \nThe operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application.", "id": "id8ba65f79-3d89-4882-a51c-98cbaf6e6a3f", "header": "Application required", "nested": [], "links": [] }, { "text": "(c) Limitation \n(1) State limit \nNot more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit \nNot more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (3) Cost share requirement \nThe Federal cost share for this program shall be no more than 50 percent.", "id": "ida3301993-9a39-4c7a-8cf7-6aa25c380247", "header": "Limitation", "nested": [], "links": [] }, { "text": "(d) Priorities \nIn selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion.", "id": "idf1c7a214-8b23-4f38-b4e6-283e62a96a77", "header": "Priorities", "nested": [], "links": [] }, { "text": "(e) Types of assistance \nThe Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building, rehabilitating, or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2).", "id": "ide63965d8-967c-4a8a-9b63-0c3e1fb18843", "header": "Types of assistance", "nested": [], "links": [] }, { "text": "(f) Authority to make agreements \nThe Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section.", "id": "id64bc51cc-e22a-45a7-b53a-43cbb5793be0", "header": "Authority to make agreements", "nested": [], "links": [] }, { "text": "(g) Funding \nNotwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.", "id": "id707c36d7-056b-45df-a3eb-5cc26aa9e939", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "612. Runway rehabilitation \nThe Administrator shall— (1) not restrict funding to resurface the full length of an existing runway within the State of Alaska based solely on reduced current or forecasted aeronautical activity levels or critical design type standards; (2) within 60 days review requests for runway rehabilitation or reconstruction projects at airports on a case-by-case basis; and (3) not reject requests for projects with critical community needs, such as projects in rural communities and villages off the road system, or economic development projects to expand a runway to meet new demands.", "id": "id59a96fe8-a272-4cda-bc71-bfb6acb22bc2", "header": "Runway rehabilitation", "nested": [], "links": [] }, { "text": "613. Extension of provision relating to airport access roads in remote locations \nSection 162 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47102 note) is amended, in the matter preceding paragraph (1), by striking 2018 and all that follows through March 8, 2024 and inserting 2024 through 2028.", "id": "idc1caffbd-2e23-4fca-9a20-8fdf6bc1358d", "header": "Extension of provision relating to airport access roads in remote locations", "nested": [], "links": [ { "text": "49 U.S.C. 47102", "legal-doc": "usc", "parsable-cite": "usc/49/47102" } ] }, { "text": "614. Procurement regulations applicable to FAA multimodal projects \n(a) In general \nAny multimodal airport development project that uses grant funding from funds made available to the FAA to carry out subchapter I of chapter 471 of title 49, United States Code, or airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) shall abide by the procurement regulations applicable to— (1) the FAA; and (2) subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively. (b) Multiple component projects \nIn the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of that subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.", "id": "id6654f43f-34be-429e-b437-52486b7b0cd4", "header": "Procurement regulations applicable to FAA multimodal projects", "nested": [ { "text": "(a) In general \nAny multimodal airport development project that uses grant funding from funds made available to the FAA to carry out subchapter I of chapter 471 of title 49, United States Code, or airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) shall abide by the procurement regulations applicable to— (1) the FAA; and (2) subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively.", "id": "id5be2c784-3e42-437d-ad05-aaa191e9d72d", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "(b) Multiple component projects \nIn the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of that subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.", "id": "id715ceb87-aafe-4942-a952-e8938aa552bc", "header": "Multiple component projects", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "615. Solar powered taxiway edge lighting systems \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue an engineering brief describing the acceptable use of durable long-term solar powered taxiway edge lighting systems at basic nonprimary airports (as defined in appendix C of the 2023-2027 National Plan of Integrated Airport Systems published by the FAA on September 30, 2022).", "id": "idde55089c-2285-483a-9134-79e4df3869fd", "header": "Solar powered taxiway edge lighting systems", "nested": [], "links": [] }, { "text": "616. Additional ground based transmitters \nNotwithstanding any other provision of law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for providing additional ground based transmitters for Automatic Dependent Surveillance–Broadcasts (ADS–B) to provide a minimum operational network in Alaska along major flight routes.", "id": "id2160f4e4-826d-417a-b954-4ef829fe482e", "header": "Additional ground based transmitters", "nested": [], "links": [] }, { "text": "617. Automated weather observing systems maintenance improvements \nSection 533 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44720 note) is amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (2) by inserting after subsection (c), the following: (d) Maintenance improvements \n(1) In general \nNot later than 18 months after the date of enactment of this subsection, the Administrator shall identify and implement reasonable alternative mitigations to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages. (2) Spare parts availability \nThe mitigations identified by the Administrator shall improve spare parts availability, including consideration of storage of more spare parts in the region of the equipment. (3) Application \nThis subsection shall apply only to airports located in non-contiguous States. (e) Notice of outages \n(1) In general \nNot later than 18 months after the date of enactment of this subsection, the Administrator shall update FAA Order 7930.2 Notices to Air Missions, or any successive order, to incorporate weather system outages for Automated Weather Observing Systems and Automated Surface Observing Systems associated with Service A Outages. (2) Application \nThis subsection shall apply only to airports located in non-contiguous States..", "id": "idc7b04af7-2c39-42ef-bf7f-28ff99b44ccd", "header": "Automated weather observing systems maintenance improvements", "nested": [], "links": [ { "text": "49 U.S.C. 44720", "legal-doc": "usc", "parsable-cite": "usc/49/44720" } ] }, { "text": "618. Contract Tower Program \nSection 47124 of title 49, United States Code, as amended by section 527, is amended— (1) in subsection (b)(3), by adding at the end the following: (H) Period for completion of an Operational Readiness Inspection \nThe Federal Aviation Administration shall provide airport sponsors that show good faith efforts to join the Contract Tower Program 7 years to complete an Operational Readiness Inspection after receiving a benefit-to-cost ratio. ; (2) by redesignating subsection (f) as subsection (h); (3) by inserting after subsection (e), the following: (f) Improving situational awareness \n(1) In general \nThe Administrator of the Federal Aviation Administration shall allow air traffic controllers at Federal Contract Towers to use technology to improve situational awareness including, but not limited to, using Standard Terminal Automation Replacement System (STARS) radar displays, Automatic Dependent Surveillance-Broadcast (ADS-B), Flight Data Input/Output (FDIOs), and Automatic Terminal Information System (ATIS). (2) Requirements \nTo help facilitate the integration of the equipment described in paragraph (1), the Administrator shall— (A) establish a set of standards that ensures safety for use of the equipment described in paragraph (1) for the purpose of increased situational awareness; (B) identify multiple approved vendors for such equipment if practicable; and (C) partner with contract tower providers to define an appropriate initial training program to ensure that any tower radar displays, ADS-B displays, or other equipment is correctly integrated into Federal Contract Tower operations. (g) Liability insurance \n(1) In general \nThe Secretary shall consult with industry experts, including air traffic control contractors and aviation insurance professionals, to determine adequate limits of liability for the Contract Tower Program, including during the period described in paragraph (2) with respect to the determination of adequate excess liability insurance under paragraph (2)(B). (2) Interim steps \nDuring the period that begins on the date of enactment of this subsection and ends on the date the Secretary submits the report required by paragraph (3), the Secretary shall require air traffic control contractors to have adequate excess liability insurance (as determined by the Secretary in consultation with industry experts under paragraph (1)) to ensure resilience should a major accident occur. (3) Report \nNot later than 6 months after the date of enactment of this subsection, the Secretary shall submit a report to the appropriate committees of Congress on the findings, conclusions, and actions taken and planned to be taken to carry out this subsection. (4) Appropriate committees of congress \nFor purpose of this subsection, the term appropriate committees of Congress (as defined in subsection (f)(3)) includes the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives..", "id": "id4cd25bf3-d772-45c6-a332-140b4527005f", "header": "Contract Tower Program", "nested": [], "links": [] }, { "text": "618A. Contract tower program safety enhancements \n(a) Pilot program for transitioning to FAA Towers \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish a pilot program to convert high-activity air traffic control towers operating under the Contract Tower Program described in section 47124 of title 49, United States Code, to FAA-staffed Visual Flight Rules towers (in this section referred to as the Contract Tower Program ). (2) Conversion to FAA-staffed VFR towers \nIn selecting facilities to participate in the pilot program established under paragraph (1), the Administrator shall give priority to air traffic control towers operating under the Contract Tower Program that— (A) either— (i) had over 200,000 annual tower operations in calendar year 2022; or (ii) served a small hub airport with more than 900,000 passenger enplanements in calendar year 2021; (B) are either currently owned by the FAA or are constructed to FAA standards; and (C) operate within complex air space that serves air carrier, general aviation, and military aircraft. (3) Tower selection \nThe number of facilities selected to participate in the pilot program established under paragraph (1) shall be determined based on the availability of funds for the pilot program. (4) Controller retention \nThe Administrator shall appoint to the position of air traffic controller all air traffic controllers currently employed by the Federal contract tower operator and assigned to the pilot program air traffic control tower, provided such controller— (A) meets the qualifications contained in section 44506(f)(1)(A) of title 49, United States Code; and (B) has all other pre-employment qualifications required by law. (5) Safety analysis \n(A) In general \nThe Administrator shall conduct a safety analysis to determine whether the conversions described in paragraph (1) had any negative impact on the aviation safety of any air traffic control tower. (B) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the safety analysis under subparagraph (A). (6) Funding \nFor purposes of carrying out this subsection, there is authorized to be appropriated to the Administrator $30,000,000 for fiscal year 2024, to remain available until fiscal year 2029. (b) Air traffic controller staffing levels at small and medium hub airports \n(1) In general \nSection 47124(b)(2) of title 49, United States Code, is amended— (A) by striking The Secretary may and inserting the following: (A) In general \nThe Secretary may ; and (B) by adding at the end the following: (B) Small or medium hub airports \nIn the case of a contract to operate an airport traffic control tower at a small or medium hub airport, the contract shall require the Secretary, after coordination with the airport sponsor and the entity, State, or subdivision, to provide funding sufficient for the cost of wages and benefits of at least two air traffic controllers for each tower operating shift.. (2) Application \nThe amendments made by paragraph (1) shall apply to contracts entered into or renewed by the Secretary under the Contract Tower Program on or after the date of enactment of this section. (c) Air traffic controller compensation \n(1) In general \nThe Secretary and the Secretary of Labor shall review and update the wage determinations for controllers who work in air traffic control towers that are staffed through the Contract Tower Program and shall reassess the basis for air traffic controller occupation codes and the need for additional occupation codes. (2) Report \nNot later than 6 months after the date of enactment of this section, the Secretary and the Secretary of Labor shall submit a report to the appropriate committees of Congress that— (A) describes the findings and conclusions of the review and reassessment made under paragraph (1); (B) explains the basis for the wage determination and the justification for the basis; and (C) describes the steps the Department of Transportation and the Department of Labor are taking to ensure air traffic controller wages are keeping up with inflation and are assigned the appropriate occupation codes. (d) Priorities for facility selection \nSection 47124(b)(3)(C) of title 49, United States Code, is amended— (1) in clause (vi), by striking or mix of aircraft and inserting lack of an existing air traffic control tower, or mix of aircraft, including a mix of commercial and significant military flight operations ; and (2) by adding at the end the following: (viii) Air traffic control towers located at airports with projected increases in commercial and military aircraft or flight operations..", "id": "id6dbc4589b8a14fae9ed1df3eb6cdd607", "header": "Contract tower program safety enhancements", "nested": [ { "text": "(a) Pilot program for transitioning to FAA Towers \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish a pilot program to convert high-activity air traffic control towers operating under the Contract Tower Program described in section 47124 of title 49, United States Code, to FAA-staffed Visual Flight Rules towers (in this section referred to as the Contract Tower Program ). (2) Conversion to FAA-staffed VFR towers \nIn selecting facilities to participate in the pilot program established under paragraph (1), the Administrator shall give priority to air traffic control towers operating under the Contract Tower Program that— (A) either— (i) had over 200,000 annual tower operations in calendar year 2022; or (ii) served a small hub airport with more than 900,000 passenger enplanements in calendar year 2021; (B) are either currently owned by the FAA or are constructed to FAA standards; and (C) operate within complex air space that serves air carrier, general aviation, and military aircraft. (3) Tower selection \nThe number of facilities selected to participate in the pilot program established under paragraph (1) shall be determined based on the availability of funds for the pilot program. (4) Controller retention \nThe Administrator shall appoint to the position of air traffic controller all air traffic controllers currently employed by the Federal contract tower operator and assigned to the pilot program air traffic control tower, provided such controller— (A) meets the qualifications contained in section 44506(f)(1)(A) of title 49, United States Code; and (B) has all other pre-employment qualifications required by law. (5) Safety analysis \n(A) In general \nThe Administrator shall conduct a safety analysis to determine whether the conversions described in paragraph (1) had any negative impact on the aviation safety of any air traffic control tower. (B) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the safety analysis under subparagraph (A). (6) Funding \nFor purposes of carrying out this subsection, there is authorized to be appropriated to the Administrator $30,000,000 for fiscal year 2024, to remain available until fiscal year 2029.", "id": "id4f0eab63b4c54fdba8c0ef7619a03245", "header": "Pilot program for transitioning to FAA Towers", "nested": [], "links": [] }, { "text": "(b) Air traffic controller staffing levels at small and medium hub airports \n(1) In general \nSection 47124(b)(2) of title 49, United States Code, is amended— (A) by striking The Secretary may and inserting the following: (A) In general \nThe Secretary may ; and (B) by adding at the end the following: (B) Small or medium hub airports \nIn the case of a contract to operate an airport traffic control tower at a small or medium hub airport, the contract shall require the Secretary, after coordination with the airport sponsor and the entity, State, or subdivision, to provide funding sufficient for the cost of wages and benefits of at least two air traffic controllers for each tower operating shift.. (2) Application \nThe amendments made by paragraph (1) shall apply to contracts entered into or renewed by the Secretary under the Contract Tower Program on or after the date of enactment of this section.", "id": "idccb27c17ee084f0ca363df297554a44c", "header": "Air traffic controller staffing levels at small and medium hub airports", "nested": [], "links": [] }, { "text": "(c) Air traffic controller compensation \n(1) In general \nThe Secretary and the Secretary of Labor shall review and update the wage determinations for controllers who work in air traffic control towers that are staffed through the Contract Tower Program and shall reassess the basis for air traffic controller occupation codes and the need for additional occupation codes. (2) Report \nNot later than 6 months after the date of enactment of this section, the Secretary and the Secretary of Labor shall submit a report to the appropriate committees of Congress that— (A) describes the findings and conclusions of the review and reassessment made under paragraph (1); (B) explains the basis for the wage determination and the justification for the basis; and (C) describes the steps the Department of Transportation and the Department of Labor are taking to ensure air traffic controller wages are keeping up with inflation and are assigned the appropriate occupation codes.", "id": "id491f17e4b985477b99f7f01cc769de99", "header": "Air traffic controller compensation", "nested": [], "links": [] }, { "text": "(d) Priorities for facility selection \nSection 47124(b)(3)(C) of title 49, United States Code, is amended— (1) in clause (vi), by striking or mix of aircraft and inserting lack of an existing air traffic control tower, or mix of aircraft, including a mix of commercial and significant military flight operations ; and (2) by adding at the end the following: (viii) Air traffic control towers located at airports with projected increases in commercial and military aircraft or flight operations..", "id": "idad5c2796989d4be7bbc1c34cacc677ec", "header": "Priorities for facility selection", "nested": [], "links": [] } ], "links": [] }, { "text": "619. Remote towers \n(a) In general \nSection 47124 of title 49, United States Code, as amended by sections 528 and 618, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) (as added by section 725), the following: (h) Milestones for design approval of remote towers \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall create a structured program and publish milestones to achieve system design approval for a remote tower system. (2) Requirements \nIn carrying out subparagraph (A), the Administrator shall— (A) rely on support from the Airports Office of the Federal Aviation Administration and the Air Traffic Organization of the Federal Aviation Administration, including the Air Traffic Services Service Unit and the Technical Operations Service Unit; and (B) not later than September 30, 2024, expand validation and certification of system design approval for a digital or remote tower system to three locations outside of the William J. Hughes Technical Center, as specified in section 161 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47104 note).. (b) Conforming amendments \nSection 47124(b) of title 49, United States Code, is amended— (1) in paragraph (3)(B)(ii), by inserting or a remote airport traffic control tower that has received System Design Approval (SDA) from the Federal Aviation Administration after an operating air traffic control tower ; and (2) in each of clauses (i)(III) and (ii)(III) of paragraph (4)(A), by inserting or remote air traffic control tower equipment that has received System Design Approval (SDA) from the Federal Aviation Administration after certified by the Federal Aviation Administration.", "id": "id702ba081-db50-4ab8-b2f1-d9d1ba826bb5", "header": "Remote towers", "nested": [ { "text": "(a) In general \nSection 47124 of title 49, United States Code, as amended by sections 528 and 618, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) (as added by section 725), the following: (h) Milestones for design approval of remote towers \n(1) In general \nNot later than 180 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall create a structured program and publish milestones to achieve system design approval for a remote tower system. (2) Requirements \nIn carrying out subparagraph (A), the Administrator shall— (A) rely on support from the Airports Office of the Federal Aviation Administration and the Air Traffic Organization of the Federal Aviation Administration, including the Air Traffic Services Service Unit and the Technical Operations Service Unit; and (B) not later than September 30, 2024, expand validation and certification of system design approval for a digital or remote tower system to three locations outside of the William J. Hughes Technical Center, as specified in section 161 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47104 note)..", "id": "id4382855f-dd8e-4398-a8d8-5642fd58708f", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 47104", "legal-doc": "usc", "parsable-cite": "usc/49/47104" } ] }, { "text": "(b) Conforming amendments \nSection 47124(b) of title 49, United States Code, is amended— (1) in paragraph (3)(B)(ii), by inserting or a remote airport traffic control tower that has received System Design Approval (SDA) from the Federal Aviation Administration after an operating air traffic control tower ; and (2) in each of clauses (i)(III) and (ii)(III) of paragraph (4)(A), by inserting or remote air traffic control tower equipment that has received System Design Approval (SDA) from the Federal Aviation Administration after certified by the Federal Aviation Administration.", "id": "idd248312f-79c0-4b5c-ae5a-37a057a43223", "header": "Conforming amendments", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 47104", "legal-doc": "usc", "parsable-cite": "usc/49/47104" } ] }, { "text": "620. Grant assurances \nSection 47107(a) of title 49, United States Code, is amended— (1) in paragraph (7), by striking the semicolon and inserting , such that there are no unsafe practices or conditions as determined by the Secretary; ; (2) in paragraph (20), by striking and after the semicolon; (3) in paragraph (21), by striking the period at the end and inserting ; and ; and (4) by inserting after paragraph (21), the following: (22) the airport owner or operator may not restrict or prohibit the sale or self-fueling of any 100-octane low lead aviation gasoline for purchase or use by operators of general aviation aircraft if such aviation gasoline was available at that airport at any time during calendar year 2022, until the earlier of— (A) December 31, 2030; or (B) the date on which the airport or any retail fuel seller at such airport can make available an unleaded aviation gas that— (i) has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gas for use in nearly all spark ignition aircraft and engine models; and (ii) meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline..", "id": "id3800b9b5-1bc4-4e24-be9f-f3ee619e3e1f", "header": "Grant assurances", "nested": [], "links": [] }, { "text": "620A. GAO study on fee transparency by fixed based operators \n(a) In general \nThe Comptroller General shall conduct a study reviewing the efforts of fixed based operators (in this section referred to as FBOs ) to meet their commitments to improve the online transparency of prices and fees for all aircraft and enhancing the customer experience for general and business aviation users. (b) Contents \nIn conducting the study described in subsection (a), the Comptroller General, at a minimum, should evaluate the FBO industry commitment to Know Before You Go best business practices including— (1) FBO provisions for all general aviation and business aircraft types regarding a description of available services and a listing of applicable retail fuel prices, fees, and charges; (2) the accessibility of these fees and charges to aircraft operators on-line and in a user-friendly manner and with sufficient clarity that a pilot operating a particular aircraft type can determine what will be charged; (3) efforts by FBOs to invite and encourage customers to contact them so that operators can ask questions, know their options, and make informed decisions; and (4) any practices imposed by an airport operator that prevent an FBO from fully disclosing fees and charges. (c) Report required \nNot later than 18 months after the date of enactment of this section, the Comptroller shall submit a report to the appropriate committees of Congress containing the results of the review required by this section.", "id": "id5d18d49b01ce428eae17e35d20ffac10", "header": "GAO study on fee transparency by fixed based operators", "nested": [ { "text": "(a) In general \nThe Comptroller General shall conduct a study reviewing the efforts of fixed based operators (in this section referred to as FBOs ) to meet their commitments to improve the online transparency of prices and fees for all aircraft and enhancing the customer experience for general and business aviation users.", "id": "idd5f1c9d1aa534b5680a9be063eec40ef", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nIn conducting the study described in subsection (a), the Comptroller General, at a minimum, should evaluate the FBO industry commitment to Know Before You Go best business practices including— (1) FBO provisions for all general aviation and business aircraft types regarding a description of available services and a listing of applicable retail fuel prices, fees, and charges; (2) the accessibility of these fees and charges to aircraft operators on-line and in a user-friendly manner and with sufficient clarity that a pilot operating a particular aircraft type can determine what will be charged; (3) efforts by FBOs to invite and encourage customers to contact them so that operators can ask questions, know their options, and make informed decisions; and (4) any practices imposed by an airport operator that prevent an FBO from fully disclosing fees and charges.", "id": "id6676f15cb60f4952aaa8f3939edda468", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Report required \nNot later than 18 months after the date of enactment of this section, the Comptroller shall submit a report to the appropriate committees of Congress containing the results of the review required by this section.", "id": "id39b85851aede4f7e91ac9e75475b6440", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "620B. Aviation fuel in Alaska \n(a) In general \nThe Administrator and the Administrator of the Environmental Protection Agency shall not restrict the continued use and availability of 100-octane low lead aviation gas in the State of Alaska through December 31, 2034. (b) GAO report on transitioning to unleaded aviation gas in the State of Alaska \n(1) Evaluation \nThe Comptroller General of the United States shall conduct an evaluation of the following: (A) The aircraft, routes, and supply chains in the State of Alaska utilizing leaded aviation gasoline, including identification of remote and rural communities that rely upon leaded aviation gasoline. (B) The estimated costs and benefits of transitioning aircraft and the supply chain in the State of Alaska to aviation fuel that meets the requirements described in clauses (i) and (ii) of section 47107(a)(22)(B) of title 49, United States Code, as added by section 620, including direct costs of new aircraft and equipment and indirect costs, including transportation from refineries to markets, foreign imports, and changes in leaded aviation gasoline prices as a result of reduced supply. (C) The programs of the Environmental Protection Agency, the FAA, and other government agencies that can be utilized to assist individuals, communities, industries, and the State of Alaska with the costs described in subparagraph (B). (D) A reasonable timeframe to permit any limitation on 100-octane low-lead aviation gasoline in the State of Alaska. (E) Other logistical considerations associated with the transition described in subparagraph (B). (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit a report containing the results of the evaluation conducted under paragraph (1) to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives.", "id": "id660412d7e0254869a0e176cd1a094a9e", "header": "Aviation fuel in Alaska", "nested": [ { "text": "(a) In general \nThe Administrator and the Administrator of the Environmental Protection Agency shall not restrict the continued use and availability of 100-octane low lead aviation gas in the State of Alaska through December 31, 2034.", "id": "id06b63fa28add47c991cb159a83c9ebab", "header": "In general", "nested": [], "links": [] }, { "text": "(b) GAO report on transitioning to unleaded aviation gas in the State of Alaska \n(1) Evaluation \nThe Comptroller General of the United States shall conduct an evaluation of the following: (A) The aircraft, routes, and supply chains in the State of Alaska utilizing leaded aviation gasoline, including identification of remote and rural communities that rely upon leaded aviation gasoline. (B) The estimated costs and benefits of transitioning aircraft and the supply chain in the State of Alaska to aviation fuel that meets the requirements described in clauses (i) and (ii) of section 47107(a)(22)(B) of title 49, United States Code, as added by section 620, including direct costs of new aircraft and equipment and indirect costs, including transportation from refineries to markets, foreign imports, and changes in leaded aviation gasoline prices as a result of reduced supply. (C) The programs of the Environmental Protection Agency, the FAA, and other government agencies that can be utilized to assist individuals, communities, industries, and the State of Alaska with the costs described in subparagraph (B). (D) A reasonable timeframe to permit any limitation on 100-octane low-lead aviation gasoline in the State of Alaska. (E) Other logistical considerations associated with the transition described in subparagraph (B). (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit a report containing the results of the evaluation conducted under paragraph (1) to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives.", "id": "id354dbab32b3b40379bbeb986499d6324", "header": "GAO report on transitioning to unleaded aviation gas in the State of Alaska", "nested": [], "links": [] } ], "links": [] }, { "text": "621. Civil penalties for grant assurances violations \nSection 46301(a) of title 49, United States Code, is amended— (1) in paragraph (1)(A), by inserting section 47107(a)(7) (including any assurance made under such section), section 47107(a)(22) (including any assurance made under such section), after chapter 451, ; and (2) by inserting after paragraph (7), the following: (8) Failure to operate and maintain airports and facilities suitably \n(A) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(7) (including any assurance made under such section) committed by a person, including if the person is an individual or small business concern, shall be $25,000. (B) In determining the amount of a civil penalty under paragraph (1) related to a violation of section 47107(a)(7) (including any assurance made under such section), the Secretary of Transportation shall take into account any mitigating circumstances at the airport and facilities on or connected with the airport. (9) Failure to continue offering aviation fuel \nNotwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(22) (including any assurance made under such section) committed by a person, including if the person is an individual or a small business concern, shall be $5,000 for each day that the person is in violation of that section..", "id": "id140b227a-9544-4ecb-aa31-effc33cdb457", "header": "Civil penalties for grant assurances violations", "nested": [], "links": [] }, { "text": "622. Community use of airport land \nSection 47107(v) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by striking subsection (a)(13) and inserting subsections (a)(13), (b), and (c) ; (B) by striking the sponsor has entered and inserting “the sponsor has— (A) entered ; (C) by striking market value. and inserting market value; or ; and (D) by adding at the end the following: (B) permanently restricted the use of airport property to compatible recreational and public park use without paying or otherwise obtaining payment of fair market value for the property. ; (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii), respectively, and moving the left margins of each such clause 2 ems to the right; (B) by striking This subsection shall apply only— and inserting the following: (A) Agreements \nParagraph (1)(A) shall apply only— ; and (C) by adding at the end the following: (B) Restrictions \nParagraph (1)(B) shall apply only— (i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to December 30, 1987; (ii) to airport property that has been continuously used for recreational or public park uses since January 1, 1995; (iii) if the airport sponsor has provided a written statement to the Administrator that the property to be permanently restricted for recreational and public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time in the future; (iv) if the recreational and public park use will not impact the aeronautical use of the airport; (v) if the airport sponsor provides a certification that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use; (vi) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502; (vii) if the airport sponsor has continuously leased the property since January 1, 1995, to a local government entity to operate and maintain the property at no cost to the airport sponsor; and (viii) if the airport sponsor will— (I) continue to lease the property to a local government entity to operate and maintain the property at no cost to the airport sponsor; or (II) transfer title to the property to a local government entity subject to a permanent deed restriction ensuring compatible airport use under the criteria of section 47502. ; and (D) by adding at the end the following: (4) Aeronautical use; aeronautical purpose defined \n(A) In general \nIn this subsection, the terms aeronautical use and aeronautical purpose mean all activities that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe. (B) Inclusion of services located on an airport \nSuch terms include services located on an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo. (C) Exclusions \nSuch terms shall not include any uses of an airport that are not described in subparagraph (A) or (B), including any aviation-related uses that do not need to be located on an airport, such as flight kitchens and airline reservation centers..", "id": "idd3e469fe-07dd-466d-9ac4-c513b3d87bb5", "header": "Community use of airport land", "nested": [], "links": [] }, { "text": "623. Buckeye 940 release of deed restrictions \n(a) Purpose \nThe purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and to permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust. (b) Definitions \nIn this section: (1) Buckeye 940 \nThe term Buckeye 940 means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust. (2) Quitclaim Deed \nThe term Quitclaim Deed means the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949. (c) Release of any and all interest in Buckeye 940 \n(1) In general \nNotwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940. (2) Terms and conditions \nThe Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States. (3) No restriction on use of proceeds \nNotwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations. (4) Mineral reservation \nThe Deed of Release described in paragraph (1) shall include the release of all interests of the United States to the mineral rights on Buckeye 940 included in the Quitclaim Deed.", "id": "id11a7c7b8-fe07-47be-a0a6-9b977d471e24", "header": "Buckeye 940 release of deed restrictions", "nested": [ { "text": "(a) Purpose \nThe purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and to permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust.", "id": "ide783def4-63c9-4594-9470-b050a07cad1a", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Buckeye 940 \nThe term Buckeye 940 means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust. (2) Quitclaim Deed \nThe term Quitclaim Deed means the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949.", "id": "id7e1a1977-539c-4098-8c66-b865f345a046", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Release of any and all interest in Buckeye 940 \n(1) In general \nNotwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940. (2) Terms and conditions \nThe Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States. (3) No restriction on use of proceeds \nNotwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations. (4) Mineral reservation \nThe Deed of Release described in paragraph (1) shall include the release of all interests of the United States to the mineral rights on Buckeye 940 included in the Quitclaim Deed.", "id": "id89eed9e9-fa29-402b-b080-3df57a4ea42d", "header": "Release of any and all interest in Buckeye 940", "nested": [], "links": [] } ], "links": [] }, { "text": "624. Clarifying airport revenue use of local general sales taxes \n(a) Written assurances on revenue use \nSection 47107(b) of title 49, United States Code, is amended by adding at the end the following: (4) This subsection does not apply to local general sales taxes as provided in section 47133(b)(4).. (b) Restriction on use of revenues \nSection 47133(b) of title 49, United States Code, is amended by adding at the end the following: (4) Local general sales taxes \nSubsection (a) shall not apply to revenues from generally applicable sales taxes imposed by a local government, provided— (A) the local government had a generally applicable sales tax that did not exclude aviation fuel in effect prior to December 9, 2014; (B) the local government is not a sponsor of a public airport; and (C) a large hub airport, which had more than 35,000,000 enplanements in calendar year 2021, is located within the jurisdiction of the local government..", "id": "id106c3120-2620-4a8f-be91-e83119b2fecb", "header": "Clarifying airport revenue use of local general sales taxes", "nested": [ { "text": "(a) Written assurances on revenue use \nSection 47107(b) of title 49, United States Code, is amended by adding at the end the following: (4) This subsection does not apply to local general sales taxes as provided in section 47133(b)(4)..", "id": "idb70829c1-57c3-47cb-96d9-c9f4b0461f15", "header": "Written assurances on revenue use", "nested": [], "links": [] }, { "text": "(b) Restriction on use of revenues \nSection 47133(b) of title 49, United States Code, is amended by adding at the end the following: (4) Local general sales taxes \nSubsection (a) shall not apply to revenues from generally applicable sales taxes imposed by a local government, provided— (A) the local government had a generally applicable sales tax that did not exclude aviation fuel in effect prior to December 9, 2014; (B) the local government is not a sponsor of a public airport; and (C) a large hub airport, which had more than 35,000,000 enplanements in calendar year 2021, is located within the jurisdiction of the local government..", "id": "id83082c81-5018-4395-8384-9af0adbd3ac2", "header": "Restriction on use of revenues", "nested": [], "links": [] } ], "links": [] }, { "text": "625. AIP handbook review \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Associate Administrator for Airports of the FAA, in consultation with the Governor of Alaska, shall identify reasonable exceptions to the AIP Handbook to be implemented by the FAA to meet unique regional circumstances and advance the safety needs of airports in Alaska, including with respect to the following: (1) Snow Removal Equipment Building (SREB) size and configuration. (2) Expansion of lease areas. (3) Shared governmental use of airport equipment in remote locations. (4) Ensuring the resurfacing or reconstruction of legacy runways to support— (A) aircraft necessary to support critical health needs of a community; (B) remote fuel deliveries; and (C) firefighting response. (5) The use of runway end identifier lights at locations throughout the State. (b) Updates to AIP Handbook \n(1) In general \nNot later than 60 days after the date on which the Associate Administrator for Airports of the FAA identifies reasonable exceptions under subsection (a), the Administrator shall update the AIP Handbook to incorporate such exceptions to meet the unique circumstances and safety needs of airports in Alaska. (2) Consultation \nThe Administrator shall consult with the Regional Administrator of the FAA Alaskan Region prior to issuing the update to the AIP Handbook required by this section. (3) Energy efficient light emitting diode system \nIn updating the AIP Handbook under this subsection, the Administrator shall include updates to reflect the energy efficient light emitting diode system as a replacement for any existing halogen system.", "id": "idce8c1672-764f-42ea-a7df-2e42aac64f44", "header": "AIP handbook review", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Associate Administrator for Airports of the FAA, in consultation with the Governor of Alaska, shall identify reasonable exceptions to the AIP Handbook to be implemented by the FAA to meet unique regional circumstances and advance the safety needs of airports in Alaska, including with respect to the following: (1) Snow Removal Equipment Building (SREB) size and configuration. (2) Expansion of lease areas. (3) Shared governmental use of airport equipment in remote locations. (4) Ensuring the resurfacing or reconstruction of legacy runways to support— (A) aircraft necessary to support critical health needs of a community; (B) remote fuel deliveries; and (C) firefighting response. (5) The use of runway end identifier lights at locations throughout the State.", "id": "id223c0a6e-8573-4fef-8bca-ce995826000d", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Updates to AIP Handbook \n(1) In general \nNot later than 60 days after the date on which the Associate Administrator for Airports of the FAA identifies reasonable exceptions under subsection (a), the Administrator shall update the AIP Handbook to incorporate such exceptions to meet the unique circumstances and safety needs of airports in Alaska. (2) Consultation \nThe Administrator shall consult with the Regional Administrator of the FAA Alaskan Region prior to issuing the update to the AIP Handbook required by this section. (3) Energy efficient light emitting diode system \nIn updating the AIP Handbook under this subsection, the Administrator shall include updates to reflect the energy efficient light emitting diode system as a replacement for any existing halogen system.", "id": "ida5bdbfda-61c4-4d8b-b236-4281692805b6", "header": "Updates to AIP Handbook", "nested": [], "links": [] } ], "links": [] }, { "text": "626. PFAS-related resources for airports \n(a) PFAS replacement program for airports \nNot later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following: (1) The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for— (A) the capacity of all required aircraft rescue and firefighting (ARFF) equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and (B) twice the quantity carried onboard each required truck available in the fire station for the eligible airport. (2) The disposal of per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film-forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles. (3) Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent. (4) Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent. (5) Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced. (b) Distribution of funds \n(1) Grants to replace ARFF vehicles \n(A) In general \nThe Secretary shall reserve up to $30,000,000 of the amounts appropriated to carry out the PFAS replacement program to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free foam, to replace aircraft rescue and firefighting (ARFF) vehicles. (B) Amount \nNo grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000. (2) Remainder \n(A) Determination of need \nWith respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine— (i) the total amount of such concentrate required for all of the Federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and (ii) the total amount of nationwide firefighting foam concentrate, in gallons. (B) Determination of grant amounts \nFrom the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of— (i) the amount of such remaining funds; and (ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii). (c) Program requirements \n(1) In general \nThe Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for fluorine-free foams. (2) Compliance with applicable law \nAll actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program. (3) Government share \nThe Government’s share of allowable costs under the PFAS replacement program shall be 100 percent. (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program. (2) Requirements \nAmounts appropriated to carry out the PFAS replacement program shall— (A) remain available for expenditure for a period of 5 fiscal years; and (B) be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program. (e) Definitions \nIn this section: (1) Eligible airport \nThe term eligible airport means an airport holding an Airport Operating Certificate issued under part 139. (2) Part 139 \nThe term part 139 means part 139 of title 14, Code of Federal Regulations. (3) PFAS replacement program \nThe term PFAS replacement program means the program established under subsection (a).", "id": "idaf03c600-dec3-4ab4-94b0-f0b0a22e23b1", "header": "PFAS-related resources for airports", "nested": [ { "text": "(a) PFAS replacement program for airports \nNot later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following: (1) The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for— (A) the capacity of all required aircraft rescue and firefighting (ARFF) equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and (B) twice the quantity carried onboard each required truck available in the fire station for the eligible airport. (2) The disposal of per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film-forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles. (3) Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent. (4) Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent. (5) Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced.", "id": "idced34c41-c2b6-4518-be36-a8ed82f1b403", "header": "PFAS replacement program for airports", "nested": [], "links": [] }, { "text": "(b) Distribution of funds \n(1) Grants to replace ARFF vehicles \n(A) In general \nThe Secretary shall reserve up to $30,000,000 of the amounts appropriated to carry out the PFAS replacement program to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free foam, to replace aircraft rescue and firefighting (ARFF) vehicles. (B) Amount \nNo grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000. (2) Remainder \n(A) Determination of need \nWith respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine— (i) the total amount of such concentrate required for all of the Federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and (ii) the total amount of nationwide firefighting foam concentrate, in gallons. (B) Determination of grant amounts \nFrom the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of— (i) the amount of such remaining funds; and (ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii).", "id": "id6a88e392-8841-45a0-a2fb-87ad185a9bb3", "header": "Distribution of funds", "nested": [], "links": [] }, { "text": "(c) Program requirements \n(1) In general \nThe Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for fluorine-free foams. (2) Compliance with applicable law \nAll actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program. (3) Government share \nThe Government’s share of allowable costs under the PFAS replacement program shall be 100 percent.", "id": "id9d2d666c-8054-461c-90a1-79c6c2b2bb1d", "header": "Program requirements", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program. (2) Requirements \nAmounts appropriated to carry out the PFAS replacement program shall— (A) remain available for expenditure for a period of 5 fiscal years; and (B) be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program.", "id": "id7fada642-049f-4d2f-b755-d064ba391dbd", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Eligible airport \nThe term eligible airport means an airport holding an Airport Operating Certificate issued under part 139. (2) Part 139 \nThe term part 139 means part 139 of title 14, Code of Federal Regulations. (3) PFAS replacement program \nThe term PFAS replacement program means the program established under subsection (a).", "id": "id5d6ffc0c-080a-42cd-ad65-5d2d96242b4a", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "627. Progress reports on the national transition plan related to a fluorine-free firefighting foam \n(a) In general \nNot later than 180 days after the date of enactment of this section, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that meets the performance standards referenced in chapter 6 of AC No: 150/5210-6D and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports. (b) Required information \nEach progress report required by subsection (a) shall include the following: (1) An assessment of the progress made by the FAA with respect to providing part 139 airports with— (A) guidance from the Environmental Protection Agency on acceptable environmental limits relating to such fluorine-free firefighting foam; (B) guidance from the Department of Defense on that department's transition to a fluorine-free firefighting foam; (C) best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and (D) timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training. (2) A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report and the number of gallons regularly kept in reserve at each such airport. (3) An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports and local authorities with responsibility for inspection and oversight with guidance described in subparagraphs (A) and (B) of paragraph (1) as it relates to the use of fluorine-free firefighting foam at such airports. (4) Such other information as the Administrator determines appropriate. (c) Progress report termination date \nFor purposes of subsection (a), the progress report termination date described in this subsection is the date on which the Administrator notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete. (d) Definition \nIn this section, the term part 139 airport means an airport certified under part 139 of title 14, Code of Federal Regulations.", "id": "id3e3f7c4e-53a0-4549-81bc-6036c05835fd", "header": "Progress reports on the national transition plan related to a fluorine-free firefighting foam", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that meets the performance standards referenced in chapter 6 of AC No: 150/5210-6D and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports.", "id": "idfe00a004-3162-4d6a-a2c2-726b7f32fcc8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Required information \nEach progress report required by subsection (a) shall include the following: (1) An assessment of the progress made by the FAA with respect to providing part 139 airports with— (A) guidance from the Environmental Protection Agency on acceptable environmental limits relating to such fluorine-free firefighting foam; (B) guidance from the Department of Defense on that department's transition to a fluorine-free firefighting foam; (C) best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and (D) timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training. (2) A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report and the number of gallons regularly kept in reserve at each such airport. (3) An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports and local authorities with responsibility for inspection and oversight with guidance described in subparagraphs (A) and (B) of paragraph (1) as it relates to the use of fluorine-free firefighting foam at such airports. (4) Such other information as the Administrator determines appropriate.", "id": "id06cf968c-0b3c-4760-92cc-453548245f53", "header": "Required information", "nested": [], "links": [] }, { "text": "(c) Progress report termination date \nFor purposes of subsection (a), the progress report termination date described in this subsection is the date on which the Administrator notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete.", "id": "id283a6aee-22b1-4a4b-a41a-02fcb3e25e94", "header": "Progress report termination date", "nested": [], "links": [] }, { "text": "(d) Definition \nIn this section, the term part 139 airport means an airport certified under part 139 of title 14, Code of Federal Regulations.", "id": "idda5c0411-87d8-4fdd-9f5e-ece7f71e566a", "header": "Definition", "nested": [], "links": [] } ], "links": [] }, { "text": "628. Review of airport layout plans \n(a) In general \nSection 163 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47107 note) is amended— (1) by striking subsection (a) and inserting the following: (a) [Reserved]. ; and (2) by striking subsection (b) and inserting the following: (b) [Reserved].. (b) Airport layout plan approval authority \nSection 47107 of title 49, United States Code, is amended— (1) in subsection (a)(16)— (A) by striking subparagraph (B) and inserting the following: (B) subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect; ; and (B) in subparagraph (C)(i), by striking subparagraph (B) and inserting subsection (x) ; and (2) by adding at the end the following new subsection: (x) Scope of the Secretary's airport layout plan review and approval authority \n(1) Authority over projects on land acquired without Federal assistance \nFor purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may only review and approve or disapprove those portions of the plan (or any subsequent revision to the plan) that— (A) materially impact the safe and efficient operation of aircraft at, to, or from the airport; (B) adversely affect the safety of people or property on the ground as a result of aircraft operations; or (C) adversely affect the value of prior Federal investments to a significant extent. (2) Limitation on non-aeronautical review \nIf only a portion of a project proposed by an airport owner or operator is subject to the Secretary’s review and approval under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project. (3) Notice \n(A) In general \nAn airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the Secretary's review and approval authority, as described in this subsection. (B) Failure to object \nIf not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the Secretary’s review and approval authority under subsection (a)(16)(B)..", "id": "idfd7493ec-d0c7-4a9f-8eca-dc01e6946a5f", "header": "Review of airport layout plans", "nested": [ { "text": "(a) In general \nSection 163 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 47107 note) is amended— (1) by striking subsection (a) and inserting the following: (a) [Reserved]. ; and (2) by striking subsection (b) and inserting the following: (b) [Reserved]..", "id": "id761db9e6-7cd9-4d59-9beb-1c61467dde21", "header": "In general", "nested": [], "links": [ { "text": "49 U.S.C. 47107", "legal-doc": "usc", "parsable-cite": "usc/49/47107" } ] }, { "text": "(b) Airport layout plan approval authority \nSection 47107 of title 49, United States Code, is amended— (1) in subsection (a)(16)— (A) by striking subparagraph (B) and inserting the following: (B) subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect; ; and (B) in subparagraph (C)(i), by striking subparagraph (B) and inserting subsection (x) ; and (2) by adding at the end the following new subsection: (x) Scope of the Secretary's airport layout plan review and approval authority \n(1) Authority over projects on land acquired without Federal assistance \nFor purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may only review and approve or disapprove those portions of the plan (or any subsequent revision to the plan) that— (A) materially impact the safe and efficient operation of aircraft at, to, or from the airport; (B) adversely affect the safety of people or property on the ground as a result of aircraft operations; or (C) adversely affect the value of prior Federal investments to a significant extent. (2) Limitation on non-aeronautical review \nIf only a portion of a project proposed by an airport owner or operator is subject to the Secretary’s review and approval under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project. (3) Notice \n(A) In general \nAn airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the Secretary's review and approval authority, as described in this subsection. (B) Failure to object \nIf not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the Secretary’s review and approval authority under subsection (a)(16)(B)..", "id": "idf56ba1f3-5293-45a1-8614-992c28e4ddbc", "header": "Airport layout plan approval authority", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 47107", "legal-doc": "usc", "parsable-cite": "usc/49/47107" } ] }, { "text": "629. NEPA purpose and need statements \n(a) In general \nTo the extent that the FAA is the lead Federal agency for preparation of an environmental impact statement or an environmental assessment under provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) where an action or approval from more than one Federal agency is required, the FAA shall develop its draft purpose and need statement for the project not later than 45 days after— (1) the submission of the airport sponsor’s appropriately completed proposed purpose and need description; and (2) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the FAA. (b) Assistance \nThe Administrator shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than one Federal agency.", "id": "ide4a50f16-8043-4d3b-b26b-d3d8020a10e4", "header": "NEPA purpose and need statements", "nested": [ { "text": "(a) In general \nTo the extent that the FAA is the lead Federal agency for preparation of an environmental impact statement or an environmental assessment under provisions of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) where an action or approval from more than one Federal agency is required, the FAA shall develop its draft purpose and need statement for the project not later than 45 days after— (1) the submission of the airport sponsor’s appropriately completed proposed purpose and need description; and (2) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the FAA.", "id": "id129ec10b-a4f1-47c3-aeba-cd3932a2a69b", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Assistance \nThe Administrator shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than one Federal agency.", "id": "idc660c5bf-68f2-41bf-8862-4080604d5a01", "header": "Assistance", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "630. Passenger facility charge streamlining \n(a) In general \nSection 40117 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking The Secretary and inserting Except as set forth in the streamlining process described in subsection (l), the Secretary ; and (ii) by striking $1, $2, or $3 and inserting $1, $2, $3, $4, or $4.50 ; (B) by striking paragraph (4); (C) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively; (D) in paragraph (5), as so redesignated— (i) by striking paragraphs (1) and (4) and inserting paragraph (1) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; and (E) in paragraph (6)(A), as so redesignated— (i) by striking paragraphs (1), (4), and (6) and inserting paragraphs (1) and (5) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; (2) in subsection (e)(1)— (A) in subparagraph (A), by inserting , or a passenger facility charge imposition is authorized under subsection (l) after of this section ; and (B) in subparagraph (B), by inserting reasonable after subject to ; and (3) in subsection (l)— (A) in the subsection heading, by striking Pilot Program for Passenger Facility Charge Authorizations and inserting Passenger facility charge streamlining ; (B) by striking paragraph (1) and inserting the following: (1) In general \nThe Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose a passenger facility charge of $1, $2, $3, $4, or $4.50 in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section. ; (C) by striking paragraph (4) and inserting the following: (4) Acknowledgment of receipt and indication of objection \n(A) In general \nThe Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency's notice. (B) Prohibited objection \nThe Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, provided that the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) does not exceed the total cost of the project. (C) Allowed objection \nThe Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that— (i) establishes significant policy precedent; (ii) raises significant legal issues; (iii) garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities; (iv) raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475 of title 49, United States Code; or (v) includes multimodal components. ; (D) by striking paragraph (6); and (E) by redesignating paragraph (7) as paragraph (6). (b) Rulemaking \nNot later than 120 days after the date of enactment of this section, the Administrator shall commence a rulemaking to implement the amendments made by subsection (a). (c) Interim guidance \nThe interim guidance established in FAA Memorandum PFC 73-20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports (issued January 22, 2020), as modified by subsection (a), shall remain in effect until the effective date of the final rule promulgated under subsection (b).", "id": "id640290d6-d64f-4109-abfa-55c6d54f8d6a", "header": "Passenger facility charge streamlining", "nested": [ { "text": "(a) In general \nSection 40117 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking The Secretary and inserting Except as set forth in the streamlining process described in subsection (l), the Secretary ; and (ii) by striking $1, $2, or $3 and inserting $1, $2, $3, $4, or $4.50 ; (B) by striking paragraph (4); (C) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively; (D) in paragraph (5), as so redesignated— (i) by striking paragraphs (1) and (4) and inserting paragraph (1) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; and (E) in paragraph (6)(A), as so redesignated— (i) by striking paragraphs (1), (4), and (6) and inserting paragraphs (1) and (5) ; and (ii) by striking paragraph (1) or (4) and inserting paragraph (1) ; (2) in subsection (e)(1)— (A) in subparagraph (A), by inserting , or a passenger facility charge imposition is authorized under subsection (l) after of this section ; and (B) in subparagraph (B), by inserting reasonable after subject to ; and (3) in subsection (l)— (A) in the subsection heading, by striking Pilot Program for Passenger Facility Charge Authorizations and inserting Passenger facility charge streamlining ; (B) by striking paragraph (1) and inserting the following: (1) In general \nThe Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose a passenger facility charge of $1, $2, $3, $4, or $4.50 in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section. ; (C) by striking paragraph (4) and inserting the following: (4) Acknowledgment of receipt and indication of objection \n(A) In general \nThe Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency's notice. (B) Prohibited objection \nThe Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, provided that the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) does not exceed the total cost of the project. (C) Allowed objection \nThe Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that— (i) establishes significant policy precedent; (ii) raises significant legal issues; (iii) garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities; (iv) raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475 of title 49, United States Code; or (v) includes multimodal components. ; (D) by striking paragraph (6); and (E) by redesignating paragraph (7) as paragraph (6).", "id": "idd103fcac-f50d-42df-ae11-69b36c8a1fcc", "header": "In general", "nested": [], "links": [ { "text": "chapter 475", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/475" } ] }, { "text": "(b) Rulemaking \nNot later than 120 days after the date of enactment of this section, the Administrator shall commence a rulemaking to implement the amendments made by subsection (a).", "id": "idbb004403-952e-47aa-85e5-35a9051eca49", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(c) Interim guidance \nThe interim guidance established in FAA Memorandum PFC 73-20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports (issued January 22, 2020), as modified by subsection (a), shall remain in effect until the effective date of the final rule promulgated under subsection (b).", "id": "id4f41f422-8937-41da-b1fc-85f3f9be01b0", "header": "Interim guidance", "nested": [], "links": [] } ], "links": [ { "text": "chapter 475", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/475" } ] }, { "text": "631. Use of passenger facility charges for noise barriers \nSection 40117(a)(3) of title 49, United States Code, is amended by adding at the end the following: (H) A project at a small hub airport for a noise barrier where the day–night average sound level from commercial, general aviation, or cargo operations is expected to exceed 55 decibels as a result of new airport development..", "id": "idfd3a011d-6a4d-4d45-b890-445b6ee11de4", "header": "Use of passenger facility charges for noise barriers", "nested": [], "links": [] }, { "text": "632. Automated weather observing systems policy \nNot later than 60 days after the date of enactment of this section, the Administrator shall establish a process to collaborate with the Director of the National Weather Service to expedite the Automated Surface Observing Systems (ASOS) and the Service Life Extension Program (SLEP) and ensure adequate spare parts and personnel are available for timely response to outages.", "id": "idc9e397a7-e701-4821-8fcf-fc3675d1dd27", "header": "Automated weather observing systems policy", "nested": [], "links": [] }, { "text": "633. Infrastructure Investment and Jobs Act implementation \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall distribute administrative funding to assist States participating in the State block grant program in accordance with section 47128 of title 49, United States Code, with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ). (b) Funding source \nAdministrative funds to States under this section shall be distributed from the funds made available in the Infrastructure Investment and Jobs Act for personnel, contracting, and other costs to administer and oversee grants of the Airport Infrastructure Grants, Contract Tower Competitive Grant Program, and Airport Terminal Program. (c) Administrative funds \nWith respect to administrative funds made available for fiscal years 2022 through 2026— (1) the amount of administrative funds available for distribution under subsection (b) shall be an amount equal to a percentage determined by the Secretary, but not less than 2 percent, of the annual allocations provided under the heading Airport Infrastructure Grants under the heading Federal Aviation Administration in title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1416) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program; (2) administrative funds distributed under subsection (b) shall be used by such States to— (A) administer and oversee, as outlined in the Memorandum of Agreement or current agreements between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and (B) carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act; and (3) except as provided in subsection (d), such administrative funds shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than December 1 of each fiscal year in which the Infrastructure Investment and Jobs Act provides airport grant program funds. (d) Initial distribution \nWith respect to administrative funds made available for fiscal years 2022 and 2023, funds available as of the date of enactment of this section shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment. (e) State block grant program amendment \nSection 47128 of title 49, United States Code, is amended by adding at the end the following: (e) Roles and responsibilities of participating States \n(1) Airports \nUnless a State participating in the program expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to the program. (2) Program documentation \nAny grant agreement providing funds to be administered under the program shall be consistent with the most recently executed memorandum of agreement, as may be amended, between the State and the Federal Aviation Administration. The Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Federal Aviation Administration itself would perform with respect to such action if the State did not participate in the program. (3) Responsibilities \nThe Federal Aviation Administration shall retain responsibility for the following, unless expressly agreed to by the State: (A) Grant compliance investigations, determinations, and enforcement. (B) Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property. (C) Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property. (D) Land use determinations under section 163 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3224), compatibility planning, and airport layout plan review and approval for projects not funded by amounts available under this subchapter. (E) Non-aeronautical and special event recommendations and approval. (F) Instrument approach procedure evaluations and determinations. (G) Environmental review for projects not funded by amounts available under this subchapter. (H) Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements..", "id": "id127f35a1-d4b5-4798-b056-4f971fcc756b", "header": "Infrastructure Investment and Jobs Act implementation", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall distribute administrative funding to assist States participating in the State block grant program in accordance with section 47128 of title 49, United States Code, with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act ( Public Law 117–58 ).", "id": "id51fe6efb-af88-4ecd-a504-bfa5a3b8c131", "header": "In general", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "(b) Funding source \nAdministrative funds to States under this section shall be distributed from the funds made available in the Infrastructure Investment and Jobs Act for personnel, contracting, and other costs to administer and oversee grants of the Airport Infrastructure Grants, Contract Tower Competitive Grant Program, and Airport Terminal Program.", "id": "id0566d0bf-4314-4367-9884-6a7e40690bd8", "header": "Funding source", "nested": [], "links": [] }, { "text": "(c) Administrative funds \nWith respect to administrative funds made available for fiscal years 2022 through 2026— (1) the amount of administrative funds available for distribution under subsection (b) shall be an amount equal to a percentage determined by the Secretary, but not less than 2 percent, of the annual allocations provided under the heading Airport Infrastructure Grants under the heading Federal Aviation Administration in title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1416) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program; (2) administrative funds distributed under subsection (b) shall be used by such States to— (A) administer and oversee, as outlined in the Memorandum of Agreement or current agreements between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and (B) carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act; and (3) except as provided in subsection (d), such administrative funds shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than December 1 of each fiscal year in which the Infrastructure Investment and Jobs Act provides airport grant program funds.", "id": "id182daeac-2541-4839-bd21-225c275f0556", "header": "Administrative funds", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "(d) Initial distribution \nWith respect to administrative funds made available for fiscal years 2022 and 2023, funds available as of the date of enactment of this section shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.", "id": "id12c7090a-d21a-4892-bf53-5aeceb7cb7d9", "header": "Initial distribution", "nested": [], "links": [] }, { "text": "(e) State block grant program amendment \nSection 47128 of title 49, United States Code, is amended by adding at the end the following: (e) Roles and responsibilities of participating States \n(1) Airports \nUnless a State participating in the program expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to the program. (2) Program documentation \nAny grant agreement providing funds to be administered under the program shall be consistent with the most recently executed memorandum of agreement, as may be amended, between the State and the Federal Aviation Administration. The Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Federal Aviation Administration itself would perform with respect to such action if the State did not participate in the program. (3) Responsibilities \nThe Federal Aviation Administration shall retain responsibility for the following, unless expressly agreed to by the State: (A) Grant compliance investigations, determinations, and enforcement. (B) Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property. (C) Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property. (D) Land use determinations under section 163 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3224), compatibility planning, and airport layout plan review and approval for projects not funded by amounts available under this subchapter. (E) Non-aeronautical and special event recommendations and approval. (F) Instrument approach procedure evaluations and determinations. (G) Environmental review for projects not funded by amounts available under this subchapter. (H) Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements..", "id": "id381f796f01564516914c671fb154c888", "header": "State block grant program amendment", "nested": [], "links": [ { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] } ], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" }, { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "634. Report on airport notifications \nNot later than 90 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the FAA's progress with respect to— (1) collecting more accurate data in notices of construction, alteration, activation, and deactivation of airports as required under part 157 of title 14, Code of Federal Regulations; and (2) making the database under part 157 of title 14, Code of Federal Regulations, more accurate and useful for aircraft operators, particularly for helicopter and rotary wing type aircraft operators.", "id": "id6a1cce8e-0149-4b89-b4b0-8d93c5f1ec19", "header": "Report on airport notifications", "nested": [], "links": [] }, { "text": "635. Coastal airports resiliency study \n(a) Study \nThe Administrator shall work with the Administrator of the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers to identify best practices for, and study the feasibility of, improving resiliency of airports in coastal or flood-prone areas. (b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing the results of the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Administrator determines appropriate.", "id": "idc587f30f-09de-4dd8-9725-587d8d25fe7c", "header": "Coastal airports resiliency study", "nested": [ { "text": "(a) Study \nThe Administrator shall work with the Administrator of the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers to identify best practices for, and study the feasibility of, improving resiliency of airports in coastal or flood-prone areas.", "id": "id01564a72-0622-441b-aa2e-d984108272be", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing the results of the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Administrator determines appropriate.", "id": "id61c194c8-7c34-4a99-9cc5-38c012a08e84", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "636. Electric aircraft infrastructure \n(a) Definitions \nSection 47102 of title 49, United States Code, is amended— (1) in paragraph (3)(Q), as amended by section 601, by striking improve the reliability and efficiency of the airport’s power supply and inserting increase energy efficiency of the airport’s power supply or meet current and future power demand ; and (2) in paragraph (5)— (A) in subparagraph (B), by striking and after the semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by inserting after subparagraph (C), the following: (D) assessing current and future electrical power demand.. (b) Meeting current and future electrical power demand \n(1) In general \nSection 47140 of title 49, United States Code, is amended to read as follows: 47140. Meeting current and future electrical power demand \n(a) In general \nThe Secretary of Transportation shall establish a program under which the Secretary shall do the following: (1) Encourage the sponsor of each public-use airport to— (A) conduct airport planning that assesses the airport’s— (i) current and future electrical power demand, including but not limited to— (I) heating and cooling; (II) on-road airport vehicles, including ground support equipment; (III) gate electrification; and (IV) electric aircraft charging; and (ii) existing electrical infrastructure condition, location, and capacity to meet the current and future electrical power demand as identified in clause (i); and (B) conduct on-airport development to increase energy efficiency or meet future electrical power demands as identified in subparagraph (A)(i). (2) Reimburse the sponsor of each public-use airport that conducts an assessment under paragraph (1)(A) for the costs incurred in conducting the assessment to the extent those costs are not otherwise covered under this subtitle. (b) Grants \nThe Secretary may make grants from amounts made available under section 48103 to assist sponsors of public-use airports with respect to conducting— (1) an assessment described in subsection (a)(1)(A); and (2) an airport development project described in subsection (a)(1)(B) following the completion of an assessment described in subsection (a)(1)(A) or another assessment acceptable to the Secretary.. (2) Conforming amendment \nThe analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47140 and inserting the following: 47140. Meeting current and future electrical power demand..", "id": "idE34E65CFC236453DB748011F22BF4D9D", "header": "Electric aircraft infrastructure", "nested": [ { "text": "(a) Definitions \nSection 47102 of title 49, United States Code, is amended— (1) in paragraph (3)(Q), as amended by section 601, by striking improve the reliability and efficiency of the airport’s power supply and inserting increase energy efficiency of the airport’s power supply or meet current and future power demand ; and (2) in paragraph (5)— (A) in subparagraph (B), by striking and after the semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by inserting after subparagraph (C), the following: (D) assessing current and future electrical power demand..", "id": "id3d44fe2b4d5842149412b7c53cf4e9c7", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Meeting current and future electrical power demand \n(1) In general \nSection 47140 of title 49, United States Code, is amended to read as follows: 47140. Meeting current and future electrical power demand \n(a) In general \nThe Secretary of Transportation shall establish a program under which the Secretary shall do the following: (1) Encourage the sponsor of each public-use airport to— (A) conduct airport planning that assesses the airport’s— (i) current and future electrical power demand, including but not limited to— (I) heating and cooling; (II) on-road airport vehicles, including ground support equipment; (III) gate electrification; and (IV) electric aircraft charging; and (ii) existing electrical infrastructure condition, location, and capacity to meet the current and future electrical power demand as identified in clause (i); and (B) conduct on-airport development to increase energy efficiency or meet future electrical power demands as identified in subparagraph (A)(i). (2) Reimburse the sponsor of each public-use airport that conducts an assessment under paragraph (1)(A) for the costs incurred in conducting the assessment to the extent those costs are not otherwise covered under this subtitle. (b) Grants \nThe Secretary may make grants from amounts made available under section 48103 to assist sponsors of public-use airports with respect to conducting— (1) an assessment described in subsection (a)(1)(A); and (2) an airport development project described in subsection (a)(1)(B) following the completion of an assessment described in subsection (a)(1)(A) or another assessment acceptable to the Secretary.. (2) Conforming amendment \nThe analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47140 and inserting the following: 47140. Meeting current and future electrical power demand..", "id": "idbfc2df77e54c4bc699a0046898e1df2b", "header": "Meeting current and future electrical power demand", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "47140. Meeting current and future electrical power demand \n(a) In general \nThe Secretary of Transportation shall establish a program under which the Secretary shall do the following: (1) Encourage the sponsor of each public-use airport to— (A) conduct airport planning that assesses the airport’s— (i) current and future electrical power demand, including but not limited to— (I) heating and cooling; (II) on-road airport vehicles, including ground support equipment; (III) gate electrification; and (IV) electric aircraft charging; and (ii) existing electrical infrastructure condition, location, and capacity to meet the current and future electrical power demand as identified in clause (i); and (B) conduct on-airport development to increase energy efficiency or meet future electrical power demands as identified in subparagraph (A)(i). (2) Reimburse the sponsor of each public-use airport that conducts an assessment under paragraph (1)(A) for the costs incurred in conducting the assessment to the extent those costs are not otherwise covered under this subtitle. (b) Grants \nThe Secretary may make grants from amounts made available under section 48103 to assist sponsors of public-use airports with respect to conducting— (1) an assessment described in subsection (a)(1)(A); and (2) an airport development project described in subsection (a)(1)(B) following the completion of an assessment described in subsection (a)(1)(A) or another assessment acceptable to the Secretary.", "id": "idd887f23dc3834c39a3653189e1746506", "header": "Meeting current and future electrical power demand", "nested": [ { "text": "(a) In general \nThe Secretary of Transportation shall establish a program under which the Secretary shall do the following: (1) Encourage the sponsor of each public-use airport to— (A) conduct airport planning that assesses the airport’s— (i) current and future electrical power demand, including but not limited to— (I) heating and cooling; (II) on-road airport vehicles, including ground support equipment; (III) gate electrification; and (IV) electric aircraft charging; and (ii) existing electrical infrastructure condition, location, and capacity to meet the current and future electrical power demand as identified in clause (i); and (B) conduct on-airport development to increase energy efficiency or meet future electrical power demands as identified in subparagraph (A)(i). (2) Reimburse the sponsor of each public-use airport that conducts an assessment under paragraph (1)(A) for the costs incurred in conducting the assessment to the extent those costs are not otherwise covered under this subtitle.", "id": "idb55613c5a1194a59b7e09bc0ecbda9a4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Grants \nThe Secretary may make grants from amounts made available under section 48103 to assist sponsors of public-use airports with respect to conducting— (1) an assessment described in subsection (a)(1)(A); and (2) an airport development project described in subsection (a)(1)(B) following the completion of an assessment described in subsection (a)(1)(A) or another assessment acceptable to the Secretary.", "id": "id2df5987ac28245beb4334ffe8fdd9764", "header": "Grants", "nested": [], "links": [] } ], "links": [] }, { "text": "637. Study on competition and airport access \nNot later than 180 days after the date of enactment of this section, the Secretary shall report to the appropriate committees of Congress— (1) specific actions the Secretary and the Administrator, using existing legal authority, can take to expand access for lower cost passenger air carriers to capacity constrained airports in the United States, including, but not limited to, New York John F. Kennedy International Airport (JFK) and New York/Newark Liberty International Airport (EWR); and (2) any additional legal authority the Secretary and the Administrator require in order to make additional slots at JFK and runway timings at EWR available to lower cost passenger air carriers.", "id": "id9b0560a1-310a-4d3b-a674-b7fd13adb5cc", "header": "Study on competition and airport access", "nested": [], "links": [] }, { "text": "638. Regional airport capacity study \n(a) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study on the following: (1) Existing FAA policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service. (2) Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity. (3) Whether Federal funding sources (existing as of the date of enactment of this section) that are authorized by the Secretary could be used for such purposes. (4) Whether such Federal funding sources meet the needs of the national airspace system for adding new airport capacity outside of the commercial service airports in operation as of the date of enactment of this section. (5) If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap. (b) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate. (c) Guidance \nNot later than 18 months after the date of enactment of this section, the Administrator shall revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.", "id": "ida0f42b30-100d-4bfc-ad86-63c8b1eefc30", "header": "Regional airport capacity study", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall initiate a study on the following: (1) Existing FAA policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service. (2) Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity. (3) Whether Federal funding sources (existing as of the date of enactment of this section) that are authorized by the Secretary could be used for such purposes. (4) Whether such Federal funding sources meet the needs of the national airspace system for adding new airport capacity outside of the commercial service airports in operation as of the date of enactment of this section. (5) If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap.", "id": "id98d8955e-5afa-4816-943a-d1818c155200", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate.", "id": "id150bc5ad-bbf3-448c-8342-52e9ea7f2eab", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Guidance \nNot later than 18 months after the date of enactment of this section, the Administrator shall revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.", "id": "idf17c132a-24f4-4fbf-a51f-857202269913", "header": "Guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "639. Study on autonomous and electric-powered track systems \n(a) Study \nThe Administrator shall conduct a study to develop a standard for autonomous and electric-powered track systems that— (1) are located underneath the pavement at an airport; and (2) allow a transport category aircraft to taxi without the use of the main engines of the aircraft. (b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report detailing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Administrator determines appropriate.", "id": "id17d10018-b191-4cbb-bce5-d20a6d84791c", "header": "Study on autonomous and electric-powered track systems", "nested": [ { "text": "(a) Study \nThe Administrator shall conduct a study to develop a standard for autonomous and electric-powered track systems that— (1) are located underneath the pavement at an airport; and (2) allow a transport category aircraft to taxi without the use of the main engines of the aircraft.", "id": "id8cae4a4a-d4d3-4b76-a1ec-f472d5e51040", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report detailing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Administrator determines appropriate.", "id": "idd3e8ea8d-13c5-43fb-bf6e-d87a8b762a4e", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "640. Special rule for reclassification of certain unclassified airports \n(a) Request for reclassification \n(1) In general \nNot later than September 30, 2024, a privately owned reliever airport (as defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023–2027 (as published under section 47103 of title 49, United States Code) may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a public airport. (2) Required information \nIn submitting a request under paragraph (1), the privately owned reliever airport shall include the following information: (A) A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of FAA Order 5090.5, titled Formulation of the NPIAS and ACIP , (or any successor guidance) to be classified as Local or Basic if the airport was publicly owned. (B) A report that— (i) identifies the role of the airport to the aviation system; and (ii) describes the long-term fiscal viability of the airport based on demonstrated aeronautical activity and associated revenues relative to ongoing operating and maintenance costs. (b) Eligibility review \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the airport's safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources and the quality of the environment, as prescribed by the Secretary. (2) Public sponsor \nIn performing the eligibility review under paragraph (1), the Secretary— (A) may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for transferring the airport to a public sponsor; and (B) may not require the airport to obtain a public sponsor. (c) Reclassification by the Secretary \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met: (A) The request includes the required information under subsection (a)(2). (B) The privately owned reliever airport, to the satisfaction of the Secretary, passes the eligibility review performed under subsection (b). (2) Corrective action plan \n(A) In general \nWith respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), the Secretary shall provide notice of disapproval to such airport not later than 60 days after receiving the request under subsection (a)(1), and such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that— (i) resolves any shortcomings identified in such eligibility review; and (ii) proves that any necessary corrective action has been completed by the airport. (B) Evaluation \nNot later than 60 days after receiving a corrective action plan under subparagraph (A), the Secretary shall grant the reclassification request of any privately owned reliever airport if such airport submits such corrective action plan to the satisfaction of the Secretary. (d) Effective date \nThe reclassification of any privately owned reliever airport under this section shall take effect not later than— (1) fiscal year 2025 for any request granted under subsection (c)(1); and (2) fiscal year 2026 for any request granted after the submission of a corrective action plan under subsection (c)(2).", "id": "id2425508e-bf4e-4b88-a6c6-05bc47c8d5f8", "header": "Special rule for reclassification of certain unclassified airports", "nested": [ { "text": "(a) Request for reclassification \n(1) In general \nNot later than September 30, 2024, a privately owned reliever airport (as defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023–2027 (as published under section 47103 of title 49, United States Code) may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a public airport. (2) Required information \nIn submitting a request under paragraph (1), the privately owned reliever airport shall include the following information: (A) A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of FAA Order 5090.5, titled Formulation of the NPIAS and ACIP , (or any successor guidance) to be classified as Local or Basic if the airport was publicly owned. (B) A report that— (i) identifies the role of the airport to the aviation system; and (ii) describes the long-term fiscal viability of the airport based on demonstrated aeronautical activity and associated revenues relative to ongoing operating and maintenance costs.", "id": "id499a9d92-97d4-4e4b-85eb-7ff09362b4e4", "header": "Request for reclassification", "nested": [], "links": [] }, { "text": "(b) Eligibility review \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the airport's safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources and the quality of the environment, as prescribed by the Secretary. (2) Public sponsor \nIn performing the eligibility review under paragraph (1), the Secretary— (A) may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for transferring the airport to a public sponsor; and (B) may not require the airport to obtain a public sponsor.", "id": "id68a942e5-1c97-4ccf-9236-85d4f86405e7", "header": "Eligibility review", "nested": [], "links": [] }, { "text": "(c) Reclassification by the Secretary \n(1) In general \nNot later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met: (A) The request includes the required information under subsection (a)(2). (B) The privately owned reliever airport, to the satisfaction of the Secretary, passes the eligibility review performed under subsection (b). (2) Corrective action plan \n(A) In general \nWith respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), the Secretary shall provide notice of disapproval to such airport not later than 60 days after receiving the request under subsection (a)(1), and such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that— (i) resolves any shortcomings identified in such eligibility review; and (ii) proves that any necessary corrective action has been completed by the airport. (B) Evaluation \nNot later than 60 days after receiving a corrective action plan under subparagraph (A), the Secretary shall grant the reclassification request of any privately owned reliever airport if such airport submits such corrective action plan to the satisfaction of the Secretary.", "id": "id99a78b33-adf2-4593-b3aa-fc211ce34376", "header": "Reclassification by the Secretary", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe reclassification of any privately owned reliever airport under this section shall take effect not later than— (1) fiscal year 2025 for any request granted under subsection (c)(1); and (2) fiscal year 2026 for any request granted after the submission of a corrective action plan under subsection (c)(2).", "id": "id9fde88cb-c1d0-4f21-8460-80f43a05924f", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "641. General aviation airport runway extension pilot program \n(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 611(a), is amended by adding at the end the following new section: 47147. General aviation program runway extension pilot program. \n(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase the usable runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports. (b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length. (c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014). (d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109. (e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports. (f) Funding \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.. (b) Clerical amendment \nThe analysis for subchapter I of chapter 471 of such title, as amended by section 611(b), is amended by inserting after the item relating to section 47146 the following: 47147. General aviation airport runway extension pilot program..", "id": "idb4712912-161b-4229-ab68-04e9f10c3e96", "header": "General aviation airport runway extension pilot program", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 471 of title 49, United States Code, as amended by section 611(a), is amended by adding at the end the following new section: 47147. General aviation program runway extension pilot program. \n(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase the usable runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports. (b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length. (c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014). (d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109. (e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports. (f) Funding \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section..", "id": "idbce5948c-ce85-462e-9df3-4c424b138e9c", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Clerical amendment \nThe analysis for subchapter I of chapter 471 of such title, as amended by section 611(b), is amended by inserting after the item relating to section 47146 the following: 47147. General aviation airport runway extension pilot program..", "id": "id3c36bc28-8d95-4cb9-bc89-f9c37c0b1e6c", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "47147. General aviation program runway extension pilot program. \n(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase the usable runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports. (b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length. (c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014). (d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109. (e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports. (f) Funding \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.", "id": "id3fce04d6-000b-487f-af83-67229b4adf2b", "header": "General aviation program runway extension pilot program.", "nested": [ { "text": "(a) Establishment \nNot later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase the usable runway length capability at such airports in order to— (1) expand access to such airports for larger aircraft; and (2) support the development and economic viability of such airports.", "id": "id66dbfee7-6264-4d4b-8de0-a73f0c54726e", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Grants \n(1) In general \nFor the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year. (2) Use of funds \nA sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length. (3) Eligibility \nTo be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (4) Selection \nIn selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is— (A) inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application; (B) a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and (C) not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length.", "id": "idcf00dfdd-54b3-41bd-bc28-ce4d419ab63f", "header": "Grants", "nested": [], "links": [] }, { "text": "(c) Project justification \nA project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding— (1) any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or (2) a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014).", "id": "id80003199-1ea2-497d-8408-985096e99726", "header": "Project justification", "nested": [], "links": [] }, { "text": "(d) Federal share \nThe Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109.", "id": "id1d60f35a-94ab-4438-b342-e269f67bd802", "header": "Federal share", "nested": [], "links": [] }, { "text": "(e) Report to Congress \nNot later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including— (1) information regarding the level of applicant interest in grants for increasing runway length; (2) the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and (3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports.", "id": "idabc1f8ea-2c5a-45d0-8324-f58f8351eed8", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(f) Funding \nFor each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.", "id": "id130a7108-8c5a-4462-9a49-c5ee57a45184", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "642. Applicability of screening requirements \nSection 44901 of title 49, United States Code, is amended by adding at the end the following new subsection: (m) Applicability of screening requirements \n(1) Definitions \nIn this subsection: (A) Administration \nThe term Administration means the Transportation Security Administration. (B) Administrator \nThe term Administrator means the Administrator of the Transportation Security Administration. (C) Applicable Federal protective agency \nThe term applicable Federal protective agency means— (i) in the case of a Cabinet Member, the executive agency assigned to provide protection to the Cabinet Member; (ii) in the case of a Member of Congress, the United States Capitol Police; and (iii) in the case of a Federal judge, the United States Marshals Service. (D) Cabinet Member \nThe term Cabinet Member means an individual who is the head (including an acting head) of the Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs, or any other individual who occupies a position designated by the President as a Cabinet-level position. (E) Commercial service airport \nThe term commercial service airport — (i) has the meaning given that term in section 47102; and (ii) includes any airport at which the Administration provides or contracts to provide screening. (F) Covered person \nThe term covered person means a Federal judge, a Member of Congress, or a Cabinet Member who, as determined by an applicable Federal protective agency, currently is or previously has been the subject of a threat, as determined by such applicable Federal protective agency. (G) Family members \nThe term family members means a covered person’s spouse and children. (H) Federal judge \nThe term Federal judge means a justice of the United States or a judge of the United States, as those terms are defined in section 451 of title 28. (I) Member of Congress \nThe term Member of Congress means a member of the Senate or the House of Representatives, a Delegate to Congress, or the Resident Commissioner from Puerto Rico. (J) Prohibited item \nThe term prohibited item means an item prohibited under section 1540.111 of title 49, Code of Federal Regulations. (K) Staff members \nThe term staff members means up to 2 individuals who work for a covered person. (L) Sterile area \nThe term sterile area has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation. (2) Application of passenger and baggage screening requirements \nExcept as provided in paragraph (3), Members of Congress, including the congressional leadership, the heads of Federal agencies and commissions, including the Secretary of Homeland Security, the Deputy Secretary, the Under Secretaries, and the Assistant Secretaries of the Department of Homeland Security, the Attorney General, the Deputy Attorney General, the Assistant Attorneys General, and the United States Attorneys, and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening requirements at airports. (3) Safe airport travel specialized screening process \n(A) Request \nA covered person who is or will be traveling through a commercial service airport, or the covered person’s designee, may request that the applicable Federal protective agency make the notification described in subparagraph (B). If a covered person or the covered person’s designee makes a request described in this paragraph, the applicable Federal protective agency shall make the notification described in subparagraph (B) within 48 hours prior to travel or as soon as practicable after the covered person or the covered person’s designee makes the request, provided that the requirements of this subsection shall apply regardless of the timing of such notification. (B) Notification \nThe notification described in this paragraph is a notice to the Administrator that a covered person is or will be traveling through a commercial service airport. If a covered person's family members, staff members, or both will be traveling with the covered person, the notice shall include that information. The Administrator shall notify the appropriate personnel at the commercial service airport. If necessary, the applicable Federal protective agency shall notify personnel at the appropriate air carrier. (C) Security escort \nExcept as provided in subparagraph (D)(ii), when the Administrator receives a notification described in subparagraph (B), the Administrator shall provide, or shall arrange for the provision of, a security escort at a commercial service airport for a covered person, and if applicable, any family members and staff members of the covered person traveling with the covered person, for the entirety of the time that the covered person and any such family members and staff members are at a commercial service airport. The covered person and any family members and staff traveling with the covered person shall be required to possess acceptable forms of identification for identity verification, and shall refrain from possessing prohibited items in carry-on luggage or in the sterile areas of the airport. The Administrator may require the commercial service airport to provide the security escort required by this paragraph. The escort required by this paragraph shall be an individual authorized by the Administrator to escort an individual eligible for the specialized screening procedures under this subsection. (D) Requirements \n(i) In general \nThe security escort required by subparagraph (C) shall escort the covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, through a commercial service airport without the imposition of costs or other fees on the covered person, or on any family members and staff members traveling with the covered person. The covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, shall travel through the commercial service airport with the security escort in accordance with the specialized screening procedures for an individual under protective escort, in effect as of January, 1, 2024, in lieu of the screening procedures described in this section, and the airport security program described under part 1542 of title 49, Code of Federal Regulations. (ii) Limited exception \nIf a covered person has a security escort that is authorized by the Administrator to escort the covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, through the commercial service airport with the security escort in accordance with the specialized screening procedures for an individual under protective escort, in effect as of January 1, 2024, in lieu of the screening procedures described in this section, and the airport security program described under part 1542 of title 49, Code of Federal Regulations, the Administrator shall not be required to provide, or arrange for the provision of, a security escort under subparagraph (C) for the covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, through the commercial service airport. (E) Implementation \nNot later than 60 days after the date of enactment of this subsection, the Administrator shall conduct an assessment on the impacts to the transportation security system, including the staffing and resource needs, and update or issue such guidance or advisory circulars as are necessary to carry out this subsection. (4) Authorization of appropriations \nThere are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of paragraph (3), including for reimbursements to owners or operators of commercial service airports, local law enforcement, or other law enforcement officers for the provision of security escorts. (5) Briefings \nThe Administrator, in coordination with the head of each applicable Federal protective agency and the Administrator of the Federal Aviation Administration, shall provide to the appropriate committees of Congress a briefing on the implementation and ongoing use of the provisions of paragraph (3), including staffing and resource needs, and the procedures of the Administration for processing individuals under protective escort upon the request of any such committee. (6) Coordination \nThe Administrator of the Federal Aviation Administration shall coordinate with the Administrator and the heads of the applicable Federal protective agencies to implement the requirements of this subsection, as appropriate. (7) Exemption revocation \nIf prohibited items are discovered on the property of, or on a covered person, or the covered person’s family members or staff members traveling with the covered person, the Administrator may deny the covered person and any family members and staff members of the covered person traveling with the covered person specialized screening under subsection (c). (8) Additional screening \nA covered person, and the covered person’s family members and staff members traveling with the covered person, may be subject to a random screening protocol or be required to undergo screening at a commercial service airport if the Federal Security Director designated for that airport under section 44933 believes that there is a risk to the aviation system associated with the screening exemption of such individual. (9) Certification from covered persons \nA covered person shall certify to the Administration or the applicable Federal protective agency that the covered person and the family members and staff members traveling with the covered person do not possess any prohibited items..", "id": "idd6ed781366234f24a3c076b2eae1f020", "header": "Applicability of screening requirements", "nested": [], "links": [] }, { "text": "643. Additional permitted uses of passenger facility charge revenue \nSection 40117(a)(3) of title 49, United States Code, as amended by section 631, is amended by adding at the end the following new subparagraph: (I) A project for costs incurred in connection with the relocation of a Federal agency on airport grounds due to a terminal development or renovation project at such airport, but such costs shall be limited to the replacement of existing work space elements (including any associated in-kind facility or equipment within or immediately adjacent to such terminal development or renovation project at such airport) for which development costs are eligible costs under this section..", "id": "id92BF869CA18F478CAE0853544A6E0517", "header": "Additional permitted uses of passenger facility charge revenue", "nested": [], "links": [] }, { "text": "644. Airport infrastructure resilience pilot program \n(a) Establishment \n(1) Establishment \n(A) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to provide competitive grants to eligible airport sponsors for the planning, design, and construction of projects that meet the requirements described in subparagraph (B). (B) Project requirements described \nThe requirements described in this subparagraph, with respect to a project, are the following: (i) The project is on airport property or other property owned exclusively by the eligible airport sponsor with good title and without encumbrance, as described on an Airport Layout Plan or included in the airport land inventory in the case of properties remote from the airport. (ii) The project is for the exclusive benefit of and use by the airport. (iii) The project will reduce the vulnerability of airport infrastructure to any of the following: (I) Long-term risks to the land surface, subsurface, and atmosphere due to changing conditions, such as inundation caused by— (aa) sea level rise; (bb) permafrost thaw; (cc) aridification; or (dd) higher air temperatures. (II) Weather events and natural disasters, such as severe storms, flooding, high winds, drought, wildfire, rockslides, mudslides, and other slope instabilities, sinkholes, tsunami, earthquakes, and extreme weather, including extreme temperature and precipitation. (C) Eligible airport sponsor \nIn this section, the term eligible airport sponsor means a sponsor of an airport that is included in the national plan of integrated airport systems described in section 47103 of title 49, United States Code. (D) Clarification \nProjects funded under the pilot program under this section may be for new projects as well as for making improvements to existing infrastructure and may include the purchasing of monitoring equipment or monitoring services. (2) Consultation \nIn establishing the pilot program under paragraph (1), the Secretary shall— (A) engage in a public comment period; and (B) consult with— (i) the Administrator; (ii) the Administrator of the Federal Emergency Management Agency; (iii) The Administrator of the National Oceanic and Atmospheric Administration; and (iv) the Administrator of the National Aeronautics and Space Administration. (3) Requirements \nIn awarding grants to eligible airport sponsors under the pilot program under this section, the Secretary shall only award a grant for a project that meets each of the following requirements, as determined by the Secretary: (A) The project will reduce airport vulnerability to changing conditions and extreme weather events. (B) The project meets applicable engineering standards, as defined by the Secretary. (C) The anticipated benefits of the project are supported by the best available scientific research and analysis. (D) The project meets other requirements determined appropriate by the Secretary. (4) Considerations \nIn awarding grants to eligible airport sponsors under the pilot program under this section, the Secretary shall consider— (A) whether the project includes natural infrastructure, as defined in section 101 of title 23, United States Code; and (B) the potential for the project to mitigate the airport’s impact on the environment. (5) Application \nTo be eligible to receive a grant under the pilot program under this section, an eligible airport sponsor shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. Such information shall include a preliminary description of how the proposed project is projected to benefit and potentially impact both the airport and the surrounding communities with regard to changing conditions, weather events, and natural disasters. (6) Reports to Secretary \nAn eligible airport sponsor that is awarded a grant under the pilot program under this section shall submit to the Secretary periodic reports on the use of the funds. Such reports shall be submitted at such time, in such form, and containing such information as the Secretary may require. (b) Distribution to smaller airports \nIn conducting the pilot program under this section, the Secretary shall ensure that not less than 25 percent of the funds made available under subsection (f) are used to award grants to eligible airport sponsors of small hub airports, nonhub airports, airports that are not a primary airport, and reliever airports, as such terms are defined in section 47102 of title 49, United States Code. (c) Federal share \nThe United States Government's share of allowable project costs for a project carried out with a grant under the pilot program shall be the United States Government's share of allowable project costs specified under section 47109 of title 49, United States Code. (d) Requirements \nProjects carried out, in whole or in part, with grants under the pilot program under this section shall be subject to the requirements under section 47112 of title 49, United States Code. (e) Report to Congress \n(1) In general \nNot later than 6 months after the Secretary first awards a grant under the pilot program under this section, and annually thereafter for as long as the Secretary is conducting the pilot program under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program established under this section. Each such report shall include— (A) a description of each project funded under the pilot program, including the vulnerabilities it addresses; (B) a description of the applications under the pilot program; (C) recommendations to improve the administration of the pilot program, including whether consultation with additional or fewer agencies to carry out the pilot program is appropriate and whether additional appropriation levels are appropriate; (D) a description of the period required to disburse grant funds to eligible airport sponsors, including the time needed for Federal coordination; and (E) other items determined appropriate by the Secretary. (2) Public availability \nThe Secretary shall post each report submitted under paragraph (1) on the public internet website of the Department of Transportation. (f) Funding \nThere is authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such sums shall remain available until expended.", "id": "idF72362CC53614642A4EAD55FA37FA057", "header": "Airport infrastructure resilience pilot program", "nested": [ { "text": "(a) Establishment \n(1) Establishment \n(A) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to provide competitive grants to eligible airport sponsors for the planning, design, and construction of projects that meet the requirements described in subparagraph (B). (B) Project requirements described \nThe requirements described in this subparagraph, with respect to a project, are the following: (i) The project is on airport property or other property owned exclusively by the eligible airport sponsor with good title and without encumbrance, as described on an Airport Layout Plan or included in the airport land inventory in the case of properties remote from the airport. (ii) The project is for the exclusive benefit of and use by the airport. (iii) The project will reduce the vulnerability of airport infrastructure to any of the following: (I) Long-term risks to the land surface, subsurface, and atmosphere due to changing conditions, such as inundation caused by— (aa) sea level rise; (bb) permafrost thaw; (cc) aridification; or (dd) higher air temperatures. (II) Weather events and natural disasters, such as severe storms, flooding, high winds, drought, wildfire, rockslides, mudslides, and other slope instabilities, sinkholes, tsunami, earthquakes, and extreme weather, including extreme temperature and precipitation. (C) Eligible airport sponsor \nIn this section, the term eligible airport sponsor means a sponsor of an airport that is included in the national plan of integrated airport systems described in section 47103 of title 49, United States Code. (D) Clarification \nProjects funded under the pilot program under this section may be for new projects as well as for making improvements to existing infrastructure and may include the purchasing of monitoring equipment or monitoring services. (2) Consultation \nIn establishing the pilot program under paragraph (1), the Secretary shall— (A) engage in a public comment period; and (B) consult with— (i) the Administrator; (ii) the Administrator of the Federal Emergency Management Agency; (iii) The Administrator of the National Oceanic and Atmospheric Administration; and (iv) the Administrator of the National Aeronautics and Space Administration. (3) Requirements \nIn awarding grants to eligible airport sponsors under the pilot program under this section, the Secretary shall only award a grant for a project that meets each of the following requirements, as determined by the Secretary: (A) The project will reduce airport vulnerability to changing conditions and extreme weather events. (B) The project meets applicable engineering standards, as defined by the Secretary. (C) The anticipated benefits of the project are supported by the best available scientific research and analysis. (D) The project meets other requirements determined appropriate by the Secretary. (4) Considerations \nIn awarding grants to eligible airport sponsors under the pilot program under this section, the Secretary shall consider— (A) whether the project includes natural infrastructure, as defined in section 101 of title 23, United States Code; and (B) the potential for the project to mitigate the airport’s impact on the environment. (5) Application \nTo be eligible to receive a grant under the pilot program under this section, an eligible airport sponsor shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. Such information shall include a preliminary description of how the proposed project is projected to benefit and potentially impact both the airport and the surrounding communities with regard to changing conditions, weather events, and natural disasters. (6) Reports to Secretary \nAn eligible airport sponsor that is awarded a grant under the pilot program under this section shall submit to the Secretary periodic reports on the use of the funds. Such reports shall be submitted at such time, in such form, and containing such information as the Secretary may require.", "id": "id34048F8A9CB142238E633B192BDC98CA", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Distribution to smaller airports \nIn conducting the pilot program under this section, the Secretary shall ensure that not less than 25 percent of the funds made available under subsection (f) are used to award grants to eligible airport sponsors of small hub airports, nonhub airports, airports that are not a primary airport, and reliever airports, as such terms are defined in section 47102 of title 49, United States Code.", "id": "idca00e3aa4dc24e44be3ad4958b9042f0", "header": "Distribution to smaller airports", "nested": [], "links": [] }, { "text": "(c) Federal share \nThe United States Government's share of allowable project costs for a project carried out with a grant under the pilot program shall be the United States Government's share of allowable project costs specified under section 47109 of title 49, United States Code.", "id": "idA590F34C2E79497C8B4674AA3E27478C", "header": "Federal share", "nested": [], "links": [] }, { "text": "(d) Requirements \nProjects carried out, in whole or in part, with grants under the pilot program under this section shall be subject to the requirements under section 47112 of title 49, United States Code.", "id": "id798899e8ec954d4a9449cd5cda5a2f99", "header": "Requirements", "nested": [], "links": [] }, { "text": "(e) Report to Congress \n(1) In general \nNot later than 6 months after the Secretary first awards a grant under the pilot program under this section, and annually thereafter for as long as the Secretary is conducting the pilot program under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program established under this section. Each such report shall include— (A) a description of each project funded under the pilot program, including the vulnerabilities it addresses; (B) a description of the applications under the pilot program; (C) recommendations to improve the administration of the pilot program, including whether consultation with additional or fewer agencies to carry out the pilot program is appropriate and whether additional appropriation levels are appropriate; (D) a description of the period required to disburse grant funds to eligible airport sponsors, including the time needed for Federal coordination; and (E) other items determined appropriate by the Secretary. (2) Public availability \nThe Secretary shall post each report submitted under paragraph (1) on the public internet website of the Department of Transportation.", "id": "idB6A235D59ED54193A4BAA1A5B99CFFD3", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(f) Funding \nThere is authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such sums shall remain available until expended.", "id": "id20DC0224BB0A46E89F85DC0D7874907A", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "645. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities \n(a) In general \nDuring the period beginning on the date that is 30 days after the date of the enactment of this Act, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c). (b) Contract described \nA contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport. (c) List required \n(1) In general \nNot later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, the Attorney General, and the Administrator shall make available to the Administrator a publicly-available list of entities manufacturing airport passenger boarding infrastructure or equipment that— (A) are owned, directed by, or subsidized in whole or in part by the People’s Republic of China; (B) have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; (C) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); (D) own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or (E) have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A). (2) Updates to list \nThe United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Attorney General and the Administrator— (A) not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and (B) not less frequently than annually thereafter. (d) Definitions \nIn this section, the definitions in section 47102 of title 49, United States Code, shall apply.", "id": "id2c52a1710c814cb19b8b88e405470fa8", "header": "Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities", "nested": [ { "text": "(a) In general \nDuring the period beginning on the date that is 30 days after the date of the enactment of this Act, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c).", "id": "id20793fa5a11d43bdb18023307d61b358", "header": "In general", "nested": [], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "(b) Contract described \nA contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.", "id": "ida428396ed62544618dfb1ff2092138f0", "header": "Contract described", "nested": [], "links": [] }, { "text": "(c) List required \n(1) In general \nNot later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, the Attorney General, and the Administrator shall make available to the Administrator a publicly-available list of entities manufacturing airport passenger boarding infrastructure or equipment that— (A) are owned, directed by, or subsidized in whole or in part by the People’s Republic of China; (B) have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; (C) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); (D) own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or (E) have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A). (2) Updates to list \nThe United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Attorney General and the Administrator— (A) not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and (B) not less frequently than annually thereafter.", "id": "idc105ba3e0cd143ebb50f817e30938e14", "header": "List required", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section, the definitions in section 47102 of title 49, United States Code, shall apply.", "id": "id155944d2420b488fb214abb74757a288", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "chapter 471", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/471" } ] }, { "text": "646. Ensuring that certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program \n(a) Intermodal planning \nSection 47101(g) of title 49, United States Code, is amended— (1) in paragraph (1), in the second sentence, by inserting (including long-term resilience from the impact of natural hazards and severe weather events) after environmental ; and (2) in paragraph (2)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) consider the impact of hazardous weather events on long-term operational resilience.. (b) Definition of airport development \nSection 47102(3) of title 49, United States Code, as amended by section 601, is amended by adding at the end the following new subparagraphs: (W) improvements, supported by planning or resiliency studies, or planning for improvements, of primary runways, taxiways, and aprons necessary at an airport to increase operational resilience to prepare the airport for resuming or maintaining flight operations in the event of an earthquake, flooding, high water, sea level rise, a hurricane, a tropical storm, a cyclone, storm surge, a tidal wave, a tornado, a tsunami, wind driven water, wildfire, land instability, or a winter storm. (X) (i) in the case of an airport that meets each of the requirements described in clause (ii)— (I) planning for disaster preparedness associated with maintaining airport operations during a natural disaster; (II) acquiring airport communication equipment and fixed emergency generators that are not eligible for funding under programs funded under the Department of Homeland Security; and (III) constructing, expanding, or improving airfield infrastructure to include aprons and terminal buildings the Secretary of Transportation determines will facilitate disaster response at the airport. (ii) The requirements described in this clause are the following: (I) The airport and the facilities and fixed-based operators on, or connected with, the airport are operated and maintained in a manner the Secretary of Transportation considers suitable for disaster relief. An airport shall not be considered as failing to meet the requirement under the preceding sentence if a runway is unusable because the runway is under scheduled maintenance or is in need of necessary repairs. (II) The airport has developed an emergency natural disaster management plan in coordination with State and local officials..", "id": "HC5EDC61227224F5B8AA937762112B7DC", "header": "Ensuring that certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program", "nested": [ { "text": "(a) Intermodal planning \nSection 47101(g) of title 49, United States Code, is amended— (1) in paragraph (1), in the second sentence, by inserting (including long-term resilience from the impact of natural hazards and severe weather events) after environmental ; and (2) in paragraph (2)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) consider the impact of hazardous weather events on long-term operational resilience..", "id": "id8e7571b1c21a45c8bad16587123e684d", "header": "Intermodal planning", "nested": [], "links": [] }, { "text": "(b) Definition of airport development \nSection 47102(3) of title 49, United States Code, as amended by section 601, is amended by adding at the end the following new subparagraphs: (W) improvements, supported by planning or resiliency studies, or planning for improvements, of primary runways, taxiways, and aprons necessary at an airport to increase operational resilience to prepare the airport for resuming or maintaining flight operations in the event of an earthquake, flooding, high water, sea level rise, a hurricane, a tropical storm, a cyclone, storm surge, a tidal wave, a tornado, a tsunami, wind driven water, wildfire, land instability, or a winter storm. (X) (i) in the case of an airport that meets each of the requirements described in clause (ii)— (I) planning for disaster preparedness associated with maintaining airport operations during a natural disaster; (II) acquiring airport communication equipment and fixed emergency generators that are not eligible for funding under programs funded under the Department of Homeland Security; and (III) constructing, expanding, or improving airfield infrastructure to include aprons and terminal buildings the Secretary of Transportation determines will facilitate disaster response at the airport. (ii) The requirements described in this clause are the following: (I) The airport and the facilities and fixed-based operators on, or connected with, the airport are operated and maintained in a manner the Secretary of Transportation considers suitable for disaster relief. An airport shall not be considered as failing to meet the requirement under the preceding sentence if a runway is unusable because the runway is under scheduled maintenance or is in need of necessary repairs. (II) The airport has developed an emergency natural disaster management plan in coordination with State and local officials..", "id": "idb810b5c987e7421b819122a8bb3799dd", "header": "Definition of airport development", "nested": [], "links": [] } ], "links": [] }, { "text": "647. Visual weather observation systems \n(a) In general \nNot later than 5 years after the date of enactment of this section, the Administrator shall finalize research of VWOS and develop standard operation specifications for operator use. (b) Deployment \nNot later than 180 days after completing the tasks required by subsection (a), the Administrator shall begin deployment of VWOS at locations in the non-contiguous States with instrument flight rules operations where AWOS or ASOS do not exist. (c) Modifications \nUpon the request of an aircraft operator, the Administrator shall issue or modify the standard operation specifications for VWOS developed under subsection (a) to allow VWOS to be used to satisfy the requirements for supplemental noncertified local weather observations under section 322 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44720 note). (d) Report \nNot later than September 30, 2028, the Administrator shall submit to the appropriate committees of Congress a report on the implementation of this section. (e) Definitions \nIn this section: (1) ASOS \nThe term ASOS means an Automated Surface Observing System. (2) AWOS \nThe term AWOS means an Automated Weather Observation System. (3) VWOS \nThe term VWOS means a Visual Weather Observation System.", "id": "id5232797d01804150ab1c95b7f9448f95", "header": "Visual weather observation systems", "nested": [ { "text": "(a) In general \nNot later than 5 years after the date of enactment of this section, the Administrator shall finalize research of VWOS and develop standard operation specifications for operator use.", "id": "iddba0856ba8434a89bd983f548c78f259", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Deployment \nNot later than 180 days after completing the tasks required by subsection (a), the Administrator shall begin deployment of VWOS at locations in the non-contiguous States with instrument flight rules operations where AWOS or ASOS do not exist.", "id": "id33f2726203a3489a88f3e6f9da6b9c33", "header": "Deployment", "nested": [], "links": [] }, { "text": "(c) Modifications \nUpon the request of an aircraft operator, the Administrator shall issue or modify the standard operation specifications for VWOS developed under subsection (a) to allow VWOS to be used to satisfy the requirements for supplemental noncertified local weather observations under section 322 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44720 note).", "id": "id0092f382de674d85b2969e38bb7027b4", "header": "Modifications", "nested": [], "links": [ { "text": "49 U.S.C. 44720", "legal-doc": "usc", "parsable-cite": "usc/49/44720" } ] }, { "text": "(d) Report \nNot later than September 30, 2028, the Administrator shall submit to the appropriate committees of Congress a report on the implementation of this section.", "id": "id7e5a74633111468f82acd53a290c0f16", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) ASOS \nThe term ASOS means an Automated Surface Observing System. (2) AWOS \nThe term AWOS means an Automated Weather Observation System. (3) VWOS \nThe term VWOS means a Visual Weather Observation System.", "id": "id97660dc980d4410b8d324fadf225fb34", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 44720", "legal-doc": "usc", "parsable-cite": "usc/49/44720" } ] }, { "text": "648. Transfers of air traffic systems acquired with AIP funding \nSection 44502(e) of title 49, United States Code, is amended— (1) in paragraph (1), by striking An airport and inserting Subject to paragraph (4), an airport in a non-contiguous State ; (2) in paragraph (3)— (A) in subparagraph (B) by striking or at the end; (B) in subparagraph (C) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new subparagraph: (D) a Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights. ; and (3) by adding at the end the following new paragraph: (4) Exception \nThe requirement under paragraph (1) that an eligible air traffic system or equipment be purchased in part using a Government airport aid program, airport development aid program, or airport improvement project grant shall not apply if the air traffic system or equipment is installed at an airport that is categorized as a basic or local general aviation airport under the most recently published national plan of integrated airport systems under section 47103..", "id": "id4819a46f53374a2281ce5a64f92c1793", "header": "Transfers of air traffic systems acquired with AIP funding", "nested": [], "links": [] }, { "text": "649. Consideration of small hub control towers \nIn selecting projects for the replacement of Federally-owned air traffic control towers from funds made available pursuant to title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) under the heading Federal Aviation Administration—Facilities and Equipment , the Administrator shall consider selecting projects at small hub commercial service airports with control towers that are at least 50 years old.", "id": "H18DC4EA8F035411587D3846E514D5C6F", "header": "Consideration of small hub control towers", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] }, { "text": "650. Codification of FAA notice of policy relating to addressing disputed changes of sponsorship at Federally obligated, publicly owned airports \nThe notice of policy of the FAA entitled Notice of Policy on Evaluating Disputed Changes of Sponsorship at Federally Obligated Airports (81 Fed. Reg. 36144 (June 6, 2016)) is enacted into law.", "id": "id6c21a65f6a37417fbab62db7af1be098", "header": "Codification of FAA notice of policy relating to addressing disputed changes of sponsorship at Federally obligated, publicly owned airports", "nested": [], "links": [] }, { "text": "651. Eligible revenue-producing facilities at rural public-use general aviation airports \nThe Administrator shall not restrict funding for eligible revenue-producing facilities at rural public use general aviation airports. Any such facilities shall be identified in the airport’s master plan.", "id": "id68799192e3c5496585ab58acf5758202", "header": "Eligible revenue-producing facilities at rural public-use general aviation airports", "nested": [], "links": [] }, { "text": "652. Increasing the energy efficiency of airport power sources \n(a) In general \nSection 47140 of title 49, United States Code, is amended— (1) in subsection (a), by inserting after the first sentence the following new sentence: To the maximum extent practicable, the Secretary shall provide technical assistance to the sponsor of each public-use airport to consider the ability of electrochromic glass to maximize energy efficiency and peak load savings. ; and (2) in subsection (b)(1), by striking that will increase energy efficiency at the airport and inserting that will maximize increases in energy efficiency and peak load savings at the airport. (b) Airport development definition \nSection 47102(3)(P) of title 49, United States Code, is amended by inserting , electrochromic glass (as defined in section 1009 of the Energy Policy Act of 2020 ( Public Law 116–260 ; 134 Stat. 2438)), after electrical generators.", "id": "idbdc6e3571a4e4be39f5fe1ae17afe2f0", "header": "Increasing the energy efficiency of airport power sources", "nested": [ { "text": "(a) In general \nSection 47140 of title 49, United States Code, is amended— (1) in subsection (a), by inserting after the first sentence the following new sentence: To the maximum extent practicable, the Secretary shall provide technical assistance to the sponsor of each public-use airport to consider the ability of electrochromic glass to maximize energy efficiency and peak load savings. ; and (2) in subsection (b)(1), by striking that will increase energy efficiency at the airport and inserting that will maximize increases in energy efficiency and peak load savings at the airport.", "id": "id71887da3aee547abb52bf4c81ba14763", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Airport development definition \nSection 47102(3)(P) of title 49, United States Code, is amended by inserting , electrochromic glass (as defined in section 1009 of the Energy Policy Act of 2020 ( Public Law 116–260 ; 134 Stat. 2438)), after electrical generators.", "id": "idc8feefb7e9fd421181fcd3ea2a02652d", "header": "Airport development definition", "nested": [], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] } ], "links": [ { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" } ] }, { "text": "701. Advisory committee for aviation consumer protection \n(a) Extension \nSection 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking March 8, 2024 and inserting September 30, 2028. (b) Additional members \nSection 411(b) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) foreign air carriers; (6) nonprofit public interest groups with expertise in disability and accessibility matters; and (7) ticket agents..", "id": "id4c2b03ed-93a8-4ed5-9a6f-821bdcc264a8", "header": "Advisory committee for aviation consumer protection", "nested": [ { "text": "(a) Extension \nSection 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking March 8, 2024 and inserting September 30, 2028.", "id": "ideaff3a7b-b2ea-4b2d-9ec5-34b3a8eea184", "header": "Extension", "nested": [], "links": [] }, { "text": "(b) Additional members \nSection 411(b) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) foreign air carriers; (6) nonprofit public interest groups with expertise in disability and accessibility matters; and (7) ticket agents..", "id": "id9265d4b4-f641-4ca6-85c8-54a5de1a4165", "header": "Additional members", "nested": [], "links": [] } ], "links": [] }, { "text": "702. Refunds \n(a) In general \nChapter 423 of title 49, United States Code, is amended by inserting after section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights \n(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c). (b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund. (c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if— (1) the offer includes a clear and conspicuous notice of— (A) the terms of the offer; and (B) the passenger's right to a full refund under this section; and (2) the voucher, credit, or other form of compensation remains valid and redeemable by the consumer for a period of at least 5 years from the date on which the voucher, credit, or other form of compensation is issued. (d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time. (e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights. 42306. Refund portal \n(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund. (b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.. (b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights. 42306. Refund Portal..", "id": "id8b944738-4894-4126-b866-7457d9273058", "header": "Refunds", "nested": [ { "text": "(a) In general \nChapter 423 of title 49, United States Code, is amended by inserting after section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights \n(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c). (b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund. (c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if— (1) the offer includes a clear and conspicuous notice of— (A) the terms of the offer; and (B) the passenger's right to a full refund under this section; and (2) the voucher, credit, or other form of compensation remains valid and redeemable by the consumer for a period of at least 5 years from the date on which the voucher, credit, or other form of compensation is issued. (d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time. (e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights. 42306. Refund portal \n(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund. (b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats..", "id": "id2a0bd319-9327-495d-828d-42356cc8c4a6", "header": "In general", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following: 42305. Refunds for cancelled or significantly delayed or changed flights. 42306. Refund Portal..", "id": "id9b579e17-4ba9-45d0-a2b1-342d00eec6f2", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "section 42304", "legal-doc": "usc", "parsable-cite": "usc/49/42304" } ] }, { "text": "42305. Refunds for cancelled or significantly delayed or changed flights \n(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c). (b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund. (c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if— (1) the offer includes a clear and conspicuous notice of— (A) the terms of the offer; and (B) the passenger's right to a full refund under this section; and (2) the voucher, credit, or other form of compensation remains valid and redeemable by the consumer for a period of at least 5 years from the date on which the voucher, credit, or other form of compensation is issued. (d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time. (e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.", "id": "ida95afc29-45e8-427d-ac34-656c61515bbb", "header": "Refunds for cancelled or significantly delayed or changed flights", "nested": [ { "text": "(a) In general \nIn the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to— (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c).", "id": "idd1a68380-0975-4825-ae29-cbdf5045a5e5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Timing of refund \nAny refund required under subsection (a) shall be issued by the air carrier or foreign air carrier— (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund.", "id": "id5de91fde-04ca-4d56-8e90-730cace65292", "header": "Timing of refund", "nested": [], "links": [] }, { "text": "(c) Alternative to refund \nAn air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if— (1) the offer includes a clear and conspicuous notice of— (A) the terms of the offer; and (B) the passenger's right to a full refund under this section; and (2) the voucher, credit, or other form of compensation remains valid and redeemable by the consumer for a period of at least 5 years from the date on which the voucher, credit, or other form of compensation is issued.", "id": "id808cbbaf-79c1-4e13-8e2a-55824370b65c", "header": "Alternative to refund", "nested": [], "links": [] }, { "text": "(d) Significantly delayed or changed flight \nIn defining significantly delayed or changed flight for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport— (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time.", "id": "idbb07cd9c-2699-4679-bed3-05974c3b22f0", "header": "Significantly delayed or changed flight", "nested": [], "links": [] }, { "text": "(e) Application to ticket agents \nNot later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.", "id": "id911eefd4-7d7d-4382-9f72-aa0c2b8fed02", "header": "Application to ticket agents", "nested": [], "links": [] } ], "links": [] }, { "text": "42306. Refund portal \n(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund. (b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.", "id": "idf3f85567-f9df-4d0a-99d4-0e9ec538e55a", "header": "Refund portal", "nested": [ { "text": "(a) In general \nNot later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund.", "id": "id87928c9c-e23d-4144-9e70-bb5cb305abe8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered entity defined \nIn this subsection, the term covered entity means— (1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and (2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.", "id": "id5ab149be-1769-41cf-85a0-8287a96e2fab", "header": "Covered entity defined", "nested": [], "links": [] } ], "links": [] }, { "text": "703. Airline passenger rights transparency act \n(a) Findings \nCongress finds the following: (1) Air travel is an essential part of modern life, and passengers have certain rights and protections under the law. (2) Passengers are often not aware of such rights and protections under the law. (3) To address this problem, airports, air carriers, and foreign air carriers must provide clear and concise information regarding passenger rights in a manner that is easily accessible and understandable to all passengers. (b) Transparency requirements \n(1) Consumer complaints \nSection 42302 of title 49, United States Code, is amended by adding at the end the following new subsection: (f) Notice to passengers on electronic flight itinerary ticket confirmation \nEach air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.. (2) Know your rights posters \n(A) In general \nChapter 423 of title 49, United States Code, as amended by section 703(a), is amended by inserting after section 42306 the following: 42307. Know your rights posters \n(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage. (b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates. (c) Accessibility assistance \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall ensure that passengers with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as such are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.. (B) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 703(b), is amended by inserting after the item relating to section 42306 the following: 42307. Know your rights posters.. (3) Effective date \nThe amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this section.", "id": "idb0a66ca6-3070-4650-9729-8b78f8e25300", "header": "Airline passenger rights transparency act", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Air travel is an essential part of modern life, and passengers have certain rights and protections under the law. (2) Passengers are often not aware of such rights and protections under the law. (3) To address this problem, airports, air carriers, and foreign air carriers must provide clear and concise information regarding passenger rights in a manner that is easily accessible and understandable to all passengers.", "id": "ida7c70d71-02ed-421e-87ae-3b1827641f7e", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Transparency requirements \n(1) Consumer complaints \nSection 42302 of title 49, United States Code, is amended by adding at the end the following new subsection: (f) Notice to passengers on electronic flight itinerary ticket confirmation \nEach air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.. (2) Know your rights posters \n(A) In general \nChapter 423 of title 49, United States Code, as amended by section 703(a), is amended by inserting after section 42306 the following: 42307. Know your rights posters \n(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage. (b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates. (c) Accessibility assistance \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall ensure that passengers with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as such are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.. (B) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 703(b), is amended by inserting after the item relating to section 42306 the following: 42307. Know your rights posters.. (3) Effective date \nThe amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this section.", "id": "id525da186-2410-44a0-b129-c6089599fbaa", "header": "Transparency requirements", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42307. Know your rights posters \n(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage. (b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates. (c) Accessibility assistance \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall ensure that passengers with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as such are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.", "id": "idd2b7a47e-5c2d-4cff-a9a8-bc1adde87abb", "header": "Know your rights posters", "nested": [ { "text": "(a) In general \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum— (1) flight delays and cancellations; (2) refunds; (3) bumping of passengers from flights and the oversale of flights; and (4) lost, delayed, or damaged baggage.", "id": "id44f7045f-adf8-4da9-8e0b-eedbec9ccaeb", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Location \nSuch posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.", "id": "id32B850D0C0D94EBB810045A9AFD6178F", "header": "Location", "nested": [], "links": [] }, { "text": "(c) Accessibility assistance \nEach large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall ensure that passengers with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as such are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.", "id": "id0b6b556d3b46405a946b599f8e90240c", "header": "Accessibility assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "704. Disclosure of ancillary fees \n(a) Flexibility \n(1) In general \nIn determining whether a practice is an unfair or deceptive practice under section 41712 of title 49, United States Code, with respect to the disclosure of ancillary fees, the Secretary, shall provide air carriers, foreign air carriers, and ticket agents with the flexibility to develop the manner in which such information is transmitted to consumers as long as such information (consistent with the objective of assuring that consumers are provided with usable, current, and accurate information on critical ancillary fees in a format that the consumer can easily compare multiple flight options) is— (A) presented to the consumer in a reasonable and transparent manner prior to booking; and (B) displayed in a format that assists the consumer in making more informed decisions. (2) Critical ancillary fees defined \nFor purposes of paragraph (1), the term critical ancillary fees means— (A) fees for— (i) the first and second checked bag of an airline passenger; (ii) one carry-on bag of an airline passenger; (iii) changing or canceling a reservation; and (iv) adjacent seating when traveling with a child that is 13 years of age or younger; and (B) any other fees for ancillary services that are identified by the Secretary in the rule finalizing the proposed rule published by the Secretary on March 3, 2023, and titled Enhancing Transparency of Airline Ancillary Service Fees (88 Fed. Reg. 13389) as being critical to consumers in choosing among air transportation options. (b) Ticket agents \nThe Secretary shall not find that a ticket agent is out of compliance with a requirement in the final rule described in subsection (a)(2)(B) with respect to the disclosure of critical ancillary fees if the Secretary determines that such noncompliance is due to the failure of an air carrier or foreign air carrier to provide the ticket agent with the information required to comply with such requirement.", "id": "id3e0df7c0-705a-4b20-aa2f-57af1aa74ae1", "header": "Disclosure of ancillary fees", "nested": [ { "text": "(a) Flexibility \n(1) In general \nIn determining whether a practice is an unfair or deceptive practice under section 41712 of title 49, United States Code, with respect to the disclosure of ancillary fees, the Secretary, shall provide air carriers, foreign air carriers, and ticket agents with the flexibility to develop the manner in which such information is transmitted to consumers as long as such information (consistent with the objective of assuring that consumers are provided with usable, current, and accurate information on critical ancillary fees in a format that the consumer can easily compare multiple flight options) is— (A) presented to the consumer in a reasonable and transparent manner prior to booking; and (B) displayed in a format that assists the consumer in making more informed decisions. (2) Critical ancillary fees defined \nFor purposes of paragraph (1), the term critical ancillary fees means— (A) fees for— (i) the first and second checked bag of an airline passenger; (ii) one carry-on bag of an airline passenger; (iii) changing or canceling a reservation; and (iv) adjacent seating when traveling with a child that is 13 years of age or younger; and (B) any other fees for ancillary services that are identified by the Secretary in the rule finalizing the proposed rule published by the Secretary on March 3, 2023, and titled Enhancing Transparency of Airline Ancillary Service Fees (88 Fed. Reg. 13389) as being critical to consumers in choosing among air transportation options.", "id": "idaa468320-a58e-44b6-8e3f-a677e04e746e", "header": "Flexibility", "nested": [], "links": [] }, { "text": "(b) Ticket agents \nThe Secretary shall not find that a ticket agent is out of compliance with a requirement in the final rule described in subsection (a)(2)(B) with respect to the disclosure of critical ancillary fees if the Secretary determines that such noncompliance is due to the failure of an air carrier or foreign air carrier to provide the ticket agent with the information required to comply with such requirement.", "id": "id0a5d2cb8-999e-495a-9429-c3e4947d203a", "header": "Ticket agents", "nested": [], "links": [] } ], "links": [] }, { "text": "705. Access to customer service assistance for all travelers \n(a) Findings \nCongress finds the following: (1) In the event of a cancelled or delayed flight, it is important for customers to be able to easily access information about the status of their flight and any alternative flight options. (2) During a period of mass cancellations, customers may be unable to easily connect, either in-person or through a toll-free customer service phone number, with a customer service representative of an air carrier. (3) While many air carriers have robust online and smart phone application chat resources, many customers may not have access to those resources, and customers often have time-sensitive questions that cannot be answered through an automated service or website. (4) Not all customers of air carriers are able to easily use online and chat resources. (5) Customers should be able to access real-time assistance from customer service agents of air carriers without an excessive wait time, particularly during times of mass disruptions. (b) Transparency requirements \n(1) Requirement to maintain a live customer chat or monitored text messaging number \nChapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number \n(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis. (b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section. (c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats. (d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.. (2) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after the item relating to section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number..", "id": "id31ae9f42-68aa-416a-8bce-8d81f1239412", "header": "Access to customer service assistance for all travelers", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) In the event of a cancelled or delayed flight, it is important for customers to be able to easily access information about the status of their flight and any alternative flight options. (2) During a period of mass cancellations, customers may be unable to easily connect, either in-person or through a toll-free customer service phone number, with a customer service representative of an air carrier. (3) While many air carriers have robust online and smart phone application chat resources, many customers may not have access to those resources, and customers often have time-sensitive questions that cannot be answered through an automated service or website. (4) Not all customers of air carriers are able to easily use online and chat resources. (5) Customers should be able to access real-time assistance from customer service agents of air carriers without an excessive wait time, particularly during times of mass disruptions.", "id": "id158576ac-f611-42a9-9ba0-ce2161054705", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Transparency requirements \n(1) Requirement to maintain a live customer chat or monitored text messaging number \nChapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number \n(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis. (b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section. (c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats. (d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.. (2) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after the item relating to section 42307 the following: 42308. Requirement to maintain a live customer chat or monitored text messaging number..", "id": "idf9cb0468-2a19-4f44-9e20-0e94524d2e60", "header": "Transparency requirements", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42308. Requirement to maintain a live customer chat or monitored text messaging number \n(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis. (b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section. (c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats. (d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.", "id": "id93e09ef6-1b11-49b2-bcde-621b3716bb8c", "header": "Requirement to maintain a live customer chat or monitored text messaging number", "nested": [ { "text": "(a) Requirement \n(1) In general \nA covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly. (2) Provision of services \nThe services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis.", "id": "ide9211f58-20c9-4b03-bce8-fe87021ba5e1", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Rulemaking authority \nThe Secretary shall promulgate such rules as may be necessary to carry out this section.", "id": "idca5efebd-7e98-4383-bdc1-2d90a7652d81", "header": "Rulemaking authority", "nested": [], "links": [] }, { "text": "(c) Covered air carrier defined \nIn this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.", "id": "idc12b451c-e548-4bad-9748-f465329b0b50", "header": "Covered air carrier defined", "nested": [], "links": [] }, { "text": "(d) Effective date \nBeginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.", "id": "id1da1f2b5-49ab-4043-ae44-3657aae5ff3a", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "706. Frequent flyer programs and vouchers \n(a) In general \nChapter 423 of title 49, United States Code, as amended by section 706(b), is amended by inserting after section 42308 the following new section: 42309. Frequent flyer programs \n(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation. (b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. The air carrier or ticket agent, where applicable and upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), shall provide such notification in an electronic format that is accessible to the recipient. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.. (b) Clerical amendment \nThe analysis for chapter 423 of such title, as amended by section 706(b), is amended by inserting after the item relating to section 42308 the following: 42309. Frequent flyer programs..", "id": "id9d981e7f-5904-4d7f-b3d4-e80e0e0e5298", "header": "Frequent flyer programs and vouchers", "nested": [ { "text": "(a) In general \nChapter 423 of title 49, United States Code, as amended by section 706(b), is amended by inserting after section 42308 the following new section: 42309. Frequent flyer programs \n(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation. (b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. The air carrier or ticket agent, where applicable and upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), shall provide such notification in an electronic format that is accessible to the recipient. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier..", "id": "id4a51cde7-ab0d-473d-996e-8206c92cbe06", "header": "In general", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 423 of such title, as amended by section 706(b), is amended by inserting after the item relating to section 42308 the following: 42309. Frequent flyer programs..", "id": "idd166508d-7bdb-4703-b91b-2b1dda924281", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42309. Frequent flyer programs \n(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation. (b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. The air carrier or ticket agent, where applicable and upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), shall provide such notification in an electronic format that is accessible to the recipient. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit. (c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.", "id": "id3527e12f-2e89-4ab0-a9f3-e349ff835414", "header": "Frequent flyer programs", "nested": [ { "text": "(a) Reduction in benefits \nAn air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation.", "id": "idd0b3f9e8-4545-4dff-84f9-7456667c30e1", "header": "Reduction in benefits", "nested": [], "links": [] }, { "text": "(b) Expiration of benefits \n(1) Initial notification \nUpon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. The air carrier or ticket agent, where applicable and upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), shall provide such notification in an electronic format that is accessible to the recipient. (2) Subsequent notification \nNot less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit.", "id": "id5bba1cb2-902a-4d4d-bcc2-d63d7ee4e6b3", "header": "Expiration of benefits", "nested": [], "links": [] }, { "text": "(c) Definition of frequent flyer program \nIn this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.", "id": "id98b3e636-80b7-4c0a-b90f-2d7539c14461", "header": "Definition of frequent flyer program", "nested": [], "links": [] } ], "links": [] }, { "text": "707. Airline customer service dashboards \n(a) Dashboards \n(1) In general \nChapter 423 of title 49, United States Code, as amended by section 707(a), is amended by inserting after section 42309 the following: 42310. DOT airline customer service dashboards \n(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier. (b) Accessibility requirement \nIn developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, and any other relevant department or agency to determine appropriate accessibility standards, as well as with disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities (as defined in section 382.3, title 14, Code of Federal Regulations) are able to live and participate in their communities. (c) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating. (d) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2). (e) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.. (2) Establishment \nThe Secretary shall establish each of the online dashboards required by section 42310(a) of title 49, United States Code, not later than 30 days after the date of enactment of this section. (b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 707(b), is amended by inserting after the item relating to section 42309 the following: 42310. DOT airline customer service dashboards..", "id": "id90cda4e7-9dac-4cbc-aa0d-076802e990e9", "header": "Airline customer service dashboards", "nested": [ { "text": "(a) Dashboards \n(1) In general \nChapter 423 of title 49, United States Code, as amended by section 707(a), is amended by inserting after section 42309 the following: 42310. DOT airline customer service dashboards \n(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier. (b) Accessibility requirement \nIn developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, and any other relevant department or agency to determine appropriate accessibility standards, as well as with disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities (as defined in section 382.3, title 14, Code of Federal Regulations) are able to live and participate in their communities. (c) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating. (d) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2). (e) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.. (2) Establishment \nThe Secretary shall establish each of the online dashboards required by section 42310(a) of title 49, United States Code, not later than 30 days after the date of enactment of this section.", "id": "id6ed12363-2037-4eae-bd76-82838121776d", "header": "Dashboards", "nested": [], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 423 of title 49, United States Code, as amended by section 707(b), is amended by inserting after the item relating to section 42309 the following: 42310. DOT airline customer service dashboards..", "id": "id51f438db-62a2-4298-9432-09b234c6a596", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] } ], "links": [ { "text": "Chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" }, { "text": "chapter 423", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/423" } ] }, { "text": "42310. DOT airline customer service dashboards \n(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier. (b) Accessibility requirement \nIn developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, and any other relevant department or agency to determine appropriate accessibility standards, as well as with disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities (as defined in section 382.3, title 14, Code of Federal Regulations) are able to live and participate in their communities. (c) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating. (d) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2). (e) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.", "id": "idbf02c1b7-1b10-4a77-91bb-2429fc7899a8", "header": "DOT airline customer service dashboards", "nested": [ { "text": "(a) Requirement to establish and maintain publicly available dashboards \nThe Secretary of Transportation (in this section referred to as the Secretary ) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law: (1) Delay and cancellation dashboard \nA dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center). (2) Family seating dashboard \nA dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees. (3) Seat size dashboard \nA dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier.", "id": "id3a35be6d-612e-46f3-beb0-20e344fcaa04", "header": "Requirement to establish and maintain publicly available dashboards", "nested": [], "links": [] }, { "text": "(b) Accessibility requirement \nIn developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, and any other relevant department or agency to determine appropriate accessibility standards, as well as with disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities (as defined in section 382.3, title 14, Code of Federal Regulations) are able to live and participate in their communities.", "id": "id13a56e6396384512904e03d14d877a72", "header": "Accessibility requirement", "nested": [], "links": [] }, { "text": "(c) Bureau of Transportation Statistics \n(1) ATCSCC delays \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new cause of delay category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center. (2) Family seating complaints \nNot later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating.", "id": "idbc0c7389-d0db-4dc1-bbf6-c27af32df08a", "header": "Bureau of Transportation Statistics", "nested": [], "links": [] }, { "text": "(d) Air travel consumer report \n(1) ATCSCC delays \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation. (2) Family seating complaints \nNot later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2).", "id": "id13ecb374-a85a-421e-9190-cd7b16cea831", "header": "Air travel consumer report", "nested": [], "links": [] }, { "text": "(e) Provision of information \nEach large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.", "id": "id44cfc52a-64f1-4886-9486-7bd180863815", "header": "Provision of information", "nested": [], "links": [] } ], "links": [] }, { "text": "708. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights \nSection 106(g) of title 49, United States Code, is amended by adding at the end the following new paragraph: (3) Annually, (and more frequently as needed) brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the following: (A) The efforts, activities, objectives, and plans of the Administration in continuing to address ongoing concerns about passenger protections during operational meltdowns of air carriers and foreign air carriers. (B) The efforts of the Administration to engage with Congress and the public on issues related to operational meltdowns of air carriers and foreign air carriers..", "id": "id0f133f75-897d-4207-947a-cc759e41960c", "header": "Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights", "nested": [], "links": [] }, { "text": "709. Enhancing child safety \n(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue new or revised guidance that provides testing standards to allow for the use of a child restraint system on a covered aircraft that meets such testing standards, without regard to whether such child restraint system also meets the standards set forth in section 571.213 of title 49, Code of Federal Regulations. (b) Covered aircraft defined \nIn this section, the term covered aircraft means an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.", "id": "id968a8514-72d9-4bda-865c-fcf383a45509", "header": "Enhancing child safety", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of enactment of this section, the Administrator shall issue new or revised guidance that provides testing standards to allow for the use of a child restraint system on a covered aircraft that meets such testing standards, without regard to whether such child restraint system also meets the standards set forth in section 571.213 of title 49, Code of Federal Regulations.", "id": "idb2ddef14-c759-478c-b501-fac173f83fc7", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered aircraft defined \nIn this section, the term covered aircraft means an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.", "id": "id396e8273-8859-4e25-b13e-82d8c6fd82a3", "header": "Covered aircraft defined", "nested": [], "links": [] } ], "links": [] }, { "text": "710. Codification of consumer protection provisions \n(a) Section 429 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 429 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 42301 note prec.) is amended— (A) by transferring such section to appear after section 41726 of title 49, United States Code; (B) by redesignating such section as section 41727 of such title 49; and (C) by amending the section heading of such section to read as follows: 41727. Passenger Rights \n. (2) Technical amendment \nSection 41727 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended, in subsection (a), by striking Not later than 90 days after the date of enactment of this Act, the Secretary and inserting The Secretary. (b) Section 434 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 434 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended— (A) by transferring such section to appear after section 41727 of title 49, United States Code, as transferred and redesignated by subsection (a)(1); (B) by redesignating such section 434 as section 41728 of such title 49; and (C) by amending the section heading of such section 41728 to read as follows: 41728. Airline passengers with disabilities bill of rights \n. (2) Technical amendment \nSection 41728 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended— (A) in subsection (a), by striking the section 41705 and inserting section 41705 ; (B) in subsection (c), by striking the date of enactment of this Act and inserting the date of enactment of the FAA Reauthorization Act of 2018 ; and (C) in subsection (f), by striking ensure employees and inserting ensure that employees. (c) Clerical amendment \nThe analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41727. Passenger rights. 41728. Airline passengers with disabilities bill of rights..", "id": "id984624bd-0d8b-4ef6-911d-a8dc40bd70c1", "header": "Codification of consumer protection provisions", "nested": [ { "text": "(a) Section 429 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 429 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 42301 note prec.) is amended— (A) by transferring such section to appear after section 41726 of title 49, United States Code; (B) by redesignating such section as section 41727 of such title 49; and (C) by amending the section heading of such section to read as follows: 41727. Passenger Rights \n. (2) Technical amendment \nSection 41727 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended, in subsection (a), by striking Not later than 90 days after the date of enactment of this Act, the Secretary and inserting The Secretary.", "id": "id9269f5a1-8a8d-44e9-b3d6-5db5a16c83a1", "header": "Section 429 of the FAA Reauthorization Act of 2018", "nested": [], "links": [ { "text": "49 U.S.C. 42301", "legal-doc": "usc", "parsable-cite": "usc/49/42301" } ] }, { "text": "(b) Section 434 of the FAA Reauthorization Act of 2018 \n(1) In general \nSection 434 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended— (A) by transferring such section to appear after section 41727 of title 49, United States Code, as transferred and redesignated by subsection (a)(1); (B) by redesignating such section 434 as section 41728 of such title 49; and (C) by amending the section heading of such section 41728 to read as follows: 41728. Airline passengers with disabilities bill of rights \n. (2) Technical amendment \nSection 41728 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended— (A) in subsection (a), by striking the section 41705 and inserting section 41705 ; (B) in subsection (c), by striking the date of enactment of this Act and inserting the date of enactment of the FAA Reauthorization Act of 2018 ; and (C) in subsection (f), by striking ensure employees and inserting ensure that employees.", "id": "idc9fe6388-0ba1-4670-be8c-d50690629be9", "header": "Section 434 of the FAA Reauthorization Act of 2018", "nested": [], "links": [ { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" } ] }, { "text": "(c) Clerical amendment \nThe analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41727. Passenger rights. 41728. Airline passengers with disabilities bill of rights..", "id": "ide14aee41-c4d0-445c-8579-cc7a356c42e9", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" } ] } ], "links": [ { "text": "49 U.S.C. 42301", "legal-doc": "usc", "parsable-cite": "usc/49/42301" }, { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" }, { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" } ] }, { "text": "41727. Passenger Rights", "id": "id974219f8-1b3b-494c-b2c0-469a202568bd", "header": "Passenger Rights", "nested": [], "links": [] }, { "text": "41728. Airline passengers with disabilities bill of rights", "id": "id3f87424f-28a4-4493-9683-2213df6646dc", "header": "Airline passengers with disabilities bill of rights", "nested": [], "links": [] }, { "text": "711. GAO study on competition and consolidation in the air carrier industry \n(a) Study \nThe Comptroller General shall conduct a study assessing competition and consolidation in the United States air carrier industry. Such study shall include an assessment of— (1) the history of mergers in the United States air carrier industry, including whether any claimed efficiencies have been realized; (2) the effect of consolidation in the United States air carrier industry, if any, on consumers; (3) the effect of consolidation in the United States air carrier industry, if any, on air transportation service in small and rural markets; and (4) the current state of competition in the United States air carrier industry as of the date of enactment of this section. (b) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "idaaaa171d-0fca-47c1-b042-083e21652c17", "header": "GAO study on competition and consolidation in the air carrier industry", "nested": [ { "text": "(a) Study \nThe Comptroller General shall conduct a study assessing competition and consolidation in the United States air carrier industry. Such study shall include an assessment of— (1) the history of mergers in the United States air carrier industry, including whether any claimed efficiencies have been realized; (2) the effect of consolidation in the United States air carrier industry, if any, on consumers; (3) the effect of consolidation in the United States air carrier industry, if any, on air transportation service in small and rural markets; and (4) the current state of competition in the United States air carrier industry as of the date of enactment of this section.", "id": "id813c077f-2bac-45cf-97b8-ed64795dce25", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "idc75323b0-d78a-4190-a296-4074dbff6de1", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "712. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards \n(a) Study \n(1) In general \nThe Comptroller General shall study and assess the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions. (2) Requirements \nAs part of the study required by paragraph (1), the Comptroller General shall assess the following: (A) The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning. (B) How the FAA oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions. (C) Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions. (b) Briefing and report \n(1) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (2) Report \nNot later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Definition of air carrier \nIn this section, the term air carrier has the meaning given that term in section 40102 of title 49, United States Code.", "id": "id6a76c6cd-14e1-4ce3-9921-f3a2bd0ff513", "header": "GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards", "nested": [ { "text": "(a) Study \n(1) In general \nThe Comptroller General shall study and assess the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions. (2) Requirements \nAs part of the study required by paragraph (1), the Comptroller General shall assess the following: (A) The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning. (B) How the FAA oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions. (C) Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions.", "id": "id16f32c99-eb67-4953-858e-b7320422d271", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Briefing and report \n(1) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (2) Report \nNot later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "iddddc9b70-8f90-4ca2-9611-e5ae28ad6d85", "header": "Briefing and report", "nested": [], "links": [] }, { "text": "(c) Definition of air carrier \nIn this section, the term air carrier has the meaning given that term in section 40102 of title 49, United States Code.", "id": "idf356046e-62c9-4996-b6e4-aaaa557c2dd6", "header": "Definition of air carrier", "nested": [], "links": [] } ], "links": [] }, { "text": "713. Increase in civil penalties \n(a) In general \nSection 46301(a)(1) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking $25,000 and inserting $75,000. (b) Effective date \nThe amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment. (c) Conforming regulations \nThe Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).", "id": "id87262da0-c537-4e6f-9618-e9a9b269c085", "header": "Increase in civil penalties", "nested": [ { "text": "(a) In general \nSection 46301(a)(1) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking $25,000 and inserting $75,000.", "id": "idbb404647-1c78-46de-be44-aeb84c94d28b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment.", "id": "id90b5c269-cccd-4b91-ab76-76d6ce976918", "header": "Effective date", "nested": [], "links": [] }, { "text": "(c) Conforming regulations \nThe Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).", "id": "iddbcf9fdf-5620-4bb7-9b9c-65dd526e01e9", "header": "Conforming regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "714. Family seating \n(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to seat each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight. (b) Prohibition on fees \nThe notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service. (c) Rule of construction \nNotwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section. (d) Young child \nIn this section, the term young child means an individual who has not attained 14 years of age.", "id": "id04bf022d-7bf7-4f90-9196-b74a10bd2982", "header": "Family seating", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to seat each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight.", "id": "id97cbb10e-92d9-491c-b4c2-31a2a0e8c72f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on fees \nThe notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service.", "id": "id100b882a-592b-4bfd-80fc-b8500002019b", "header": "Prohibition on fees", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nNotwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section.", "id": "id11de95f9-eada-4400-aaa6-db0097a17df4", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(d) Young child \nIn this section, the term young child means an individual who has not attained 14 years of age.", "id": "ided3e96b1-33a6-42cd-b5f7-bd3001be71e7", "header": "Young child", "nested": [], "links": [] } ], "links": [] }, { "text": "715. Establishment of Office of Aviation Consumer Protection \nSection 102 of title 49, United States Code, is amended— (1) in subsection (e)(1)— (A) in the matter preceding subparagraph (A), by striking 7 and inserting 8 ; and (B) in subparagraph (A), by striking and an Assistant Secretary for Transportation Policy and inserting an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection ; and (2) by adding at the end the following: (j) Office of Aviation Consumer Protection \n(1) Establishment \nThere is established in the Department an Office of Aviation Consumer Protection (referred to in this subsection as the Office ) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including those under section 41712— (A) to assist, educate, and protect passengers; and (B) to monitor compliance with, conduct investigations relating to, and enforce, including by taking appropriate action to address violations of, aviation consumer protection, civil rights, and aviation economic requirements. (2) Leadership \nThe Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (referred to in this subsection as the Assistant Secretary ). (3) Transition \nNot later than 180 days after the date of enactment of this subsection, the Office of Aviation Consumer Protection that is a unit within the Office of the General Counsel of the Department which is headed by the Assistant General Counsel for Aviation Consumer Protection, shall cease to exist. The Department shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and those employees shall be transferred from the Office of the General Counsel as appropriate to the newly established Office of Aviation Consumer Protection. To the extent the Office of the General Counsel retains any attorney or hires any new attorney to advise the newly established Office of Aviation Consumer Protection, those attorneys will be located in the remaining offices within the Office of the General Counsel. (4) Coordination \nThe Assistant Secretary shall coordinate with the General Counsel appointed under subsection (e)(1)(E), in accordance with section 1.26 of title 49, Code of Federal Regulations (or a successor regulation), on all legal matters relating to— (A) aviation consumer protection; and (B) the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1). (5) Annual report \nThe Assistant Secretary shall submit to the Secretary, who shall submit to Congress and make publicly available on the website of the Department, an annual report that, with respect to matters under the jurisdiction of the Department, or otherwise within the statutory authority of the Department— (A) analyzes trends in aviation consumer protection, civil rights, and licensing; (B) identifies major challenges facing passengers; and (C) addresses any other relevant issues, as the Assistant Secretary determines to be appropriate. (6) Funding \nThere is authorized to be appropriated $12,000,000 for fiscal year 2024, $13,000,000 for fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal year 2027, and $16,000,000 for fiscal year 2028..", "id": "id56afa43a-efba-4096-b2e2-edf45eeac212", "header": "Establishment of Office of Aviation Consumer Protection", "nested": [], "links": [] }, { "text": "716. Extension of aviation consumer advocate reporting requirement \nSection 424(e) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 42302 note) is amended by striking 2023 and inserting 2028.", "id": "HFC7204E36F614B11B49DB639C91AC45F", "header": "Extension of aviation consumer advocate reporting requirement", "nested": [], "links": [ { "text": "49 U.S.C. 42302", "legal-doc": "usc", "parsable-cite": "usc/49/42302" } ] }, { "text": "717. Additional within and beyond perimeter slot exemptions at Ronald Reagan Washington National Airport \n(a) Increase in number of slot exemptions \nSection 41718 of title 49, United States Code, is amended by adding at the end the following new subsection: (i) Additional slot exemptions \n(1) Increase in slot exemptions \nNot later than 60 days after the date of enactment of the FAA Reauthorization Act of 2024 , the Secretary shall grant, by order, 10 exemptions from— (A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and domestic airports located within or beyond the perimeter described in section 49109; and (B) the requirements of subparts K, S, and T of part 93, of title 14, Code of Federal Regulations. (2) Non-limited incumbents \nOf the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024. (3) Limited incumbents \nOf the slot exemptions made available under paragraph (1), the Secretary shall make 2 available to incumbent air carriers qualifying for status as a limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024. (4) Allocation procedures \nThe Secretary shall allocate the 10 slot exemptions provided under paragraph (1) pursuant to the application process established by the Secretary under subsection (d), subject to the following: (A) Limitations \nEach air carrier that is eligible under paragraph (2) and paragraph (3) shall be eligible to operate no more and no less than 2 of the newly authorized slot exemptions. (B) Criteria \nThe Secretary shall consider the extent to which the exemptions will— (i) enhance options for nonstop travel to beyond-perimeter airports that do not have nonstop service from Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024 ; or (ii) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions. (5) Prohibition \n(A) In general \nThe Metropolitan Washington Airports Authority may not assess any penalty or similar levy against an individual air carrier solely for obtaining and operating a slot exemption authorized under this subsection. (B) Rule of construction \nSubparagraph (A) shall not be construed as prohibiting the Metropolitan Washington Airports Authority from assessing and collecting any penalty, fine, or other levy, such as a handling fee or landing fee, that is— (i) authorized by the Metropolitan Washington Airports Regulations; (ii) agreed to in writing by the air carrier; or (iii) charged in the ordinary course of business to an air carrier operating at Ronald Reagan Washington National Airport regardless of whether or not the air carrier obtained a slot exemption authorized under this subsection.. (b) Conforming amendments \nSection 41718(c)(2)(A) of title 49, United States Code, is amended— (1) in clause (i), by striking and (b) and inserting , (b), and (i) ; and (2) in clause (ii), by striking and (g) and inserting (g), and (i). (c) Preservation of existing within perimeter service \nNothing in this section, or the amendments made by this section, shall be construed as authorizing the conversion of a within-perimeter exemption or slot at Ronald Reagan Washington National Airport that is in effect on the date of enactment of the FAA Reauthorization Act of 2024 to serve an airport located beyond the perimeter described in section 49109 of title 49, United States Code.", "id": "HB97D72D519DB45ABB2D8E71788D06441", "header": "Additional within and beyond perimeter slot exemptions at Ronald Reagan Washington National Airport", "nested": [ { "text": "(a) Increase in number of slot exemptions \nSection 41718 of title 49, United States Code, is amended by adding at the end the following new subsection: (i) Additional slot exemptions \n(1) Increase in slot exemptions \nNot later than 60 days after the date of enactment of the FAA Reauthorization Act of 2024 , the Secretary shall grant, by order, 10 exemptions from— (A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and domestic airports located within or beyond the perimeter described in section 49109; and (B) the requirements of subparts K, S, and T of part 93, of title 14, Code of Federal Regulations. (2) Non-limited incumbents \nOf the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024. (3) Limited incumbents \nOf the slot exemptions made available under paragraph (1), the Secretary shall make 2 available to incumbent air carriers qualifying for status as a limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024. (4) Allocation procedures \nThe Secretary shall allocate the 10 slot exemptions provided under paragraph (1) pursuant to the application process established by the Secretary under subsection (d), subject to the following: (A) Limitations \nEach air carrier that is eligible under paragraph (2) and paragraph (3) shall be eligible to operate no more and no less than 2 of the newly authorized slot exemptions. (B) Criteria \nThe Secretary shall consider the extent to which the exemptions will— (i) enhance options for nonstop travel to beyond-perimeter airports that do not have nonstop service from Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024 ; or (ii) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions. (5) Prohibition \n(A) In general \nThe Metropolitan Washington Airports Authority may not assess any penalty or similar levy against an individual air carrier solely for obtaining and operating a slot exemption authorized under this subsection. (B) Rule of construction \nSubparagraph (A) shall not be construed as prohibiting the Metropolitan Washington Airports Authority from assessing and collecting any penalty, fine, or other levy, such as a handling fee or landing fee, that is— (i) authorized by the Metropolitan Washington Airports Regulations; (ii) agreed to in writing by the air carrier; or (iii) charged in the ordinary course of business to an air carrier operating at Ronald Reagan Washington National Airport regardless of whether or not the air carrier obtained a slot exemption authorized under this subsection..", "id": "H30EF2E887F0E42D1A2CC6B9E68E3D9D5", "header": "Increase in number of slot exemptions", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \nSection 41718(c)(2)(A) of title 49, United States Code, is amended— (1) in clause (i), by striking and (b) and inserting , (b), and (i) ; and (2) in clause (ii), by striking and (g) and inserting (g), and (i).", "id": "H134EE05297B7456E991DDE935D6EBA08", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Preservation of existing within perimeter service \nNothing in this section, or the amendments made by this section, shall be construed as authorizing the conversion of a within-perimeter exemption or slot at Ronald Reagan Washington National Airport that is in effect on the date of enactment of the FAA Reauthorization Act of 2024 to serve an airport located beyond the perimeter described in section 49109 of title 49, United States Code.", "id": "id88b2096e7fd8478fb7dadebdbe46889a", "header": "Preservation of existing within perimeter service", "nested": [], "links": [] } ], "links": [] }, { "text": "731. Extension of the advisory committee on the air travel needs of passengers with disabilities \nSection 439(g) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) is amended by striking March 8, 2024 and inserting September 30, 2028.", "id": "id2a66194e-0a42-447b-9cb6-0c4987c6581f", "header": "Extension of the advisory committee on the air travel needs of passengers with disabilities", "nested": [], "links": [ { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" } ] }, { "text": "732. Modernization and improvements to aircraft evacuation \n(a) Study \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Contents \n(A) Requirements \nThe study required by paragraph (1) shall include— (i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards; (ii) an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; (iii) an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; (iv) the research proposed in National Transportation Safety Board Safety Recommendation A-18-009; and (v) any other analysis determined appropriate by the Administrator. (B) Considerations \nIn conducting the study under paragraph (1), the Administrator shall assess the following: (i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane. (ii) The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane. (iii) The ability of passengers with disabilities to safety and efficiently evacuate a transport category airplane. (iv) The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane. (v) The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane. (vi) The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (vii) The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane. (viii) The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane. (ix) With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane. (x) The impact of passenger load (the number of passengers relative to the number of seats onboard the aircraft) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (xi) The impact of service animals on the ability of passengers (including such service animals and their handlers) to safely and efficiently evacuate a transport category airplane. (xii) Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing when the Administrator determines that the new aircraft design is significant. (xiii) Any other factor determined appropriate by the Administrator. (C) Passengers with disabilities defined \nFor purposes of this paragraph, the term passengers with disabilities means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations. (b) Aviation Rulemaking Committee for evacuation standards \n(1) In general \nNot later than 180 days after the completion of the study under subsection (a), the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review the findings of the study and develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Representatives of aviation labor organizations. (C) Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121. (D) Representatives of the disability community with specific knowledge of accessibility standards regarding evacuations in emergency circumstances. (E) Representatives of the senior citizen community. (F) Representatives of pediatricians. (3) Considerations \nIn reviewing the findings of the study under subsection (a) and developing recommendations regarding the improvement of the evacuation standards, the Committee shall consider the following: (A) The recommendations made by any prior Aviation Rulemaking Committee regarding the evacuation standards described in such parts 25 and 121. (B) Scientific data derived from the study under subsection (a). (C) Any data gathered from aviation safety reporting programs. (D) The cost-benefit analysis and risk analysis of any recommended standards. (E) Any other item determined appropriate by the Committee. (c) Report to Congress \nNot later than 180 days after the date on which the Committee submits recommendations under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on— (1) the findings of the study conducted under subsection (a); (2) the recommendations of the Committee under subsection (b); and (3) the Administrator's plan, if any, to implement such recommendations. (d) Rulemaking \nNot later than 90 days after submitting the report to Congress under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator deems appropriate.", "id": "id33e06a20-737c-4b73-957a-a4ae80cc0648", "header": "Modernization and improvements to aircraft evacuation", "nested": [ { "text": "(a) Study \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Contents \n(A) Requirements \nThe study required by paragraph (1) shall include— (i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards; (ii) an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; (iii) an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft; (iv) the research proposed in National Transportation Safety Board Safety Recommendation A-18-009; and (v) any other analysis determined appropriate by the Administrator. (B) Considerations \nIn conducting the study under paragraph (1), the Administrator shall assess the following: (i) The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane. (ii) The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane. (iii) The ability of passengers with disabilities to safety and efficiently evacuate a transport category airplane. (iv) The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane. (v) The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane. (vi) The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (vii) The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane. (viii) The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane. (ix) With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane. (x) The impact of passenger load (the number of passengers relative to the number of seats onboard the aircraft) on the ability of passengers to safely and efficiently evacuate a transport category airplane. (xi) The impact of service animals on the ability of passengers (including such service animals and their handlers) to safely and efficiently evacuate a transport category airplane. (xii) Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing when the Administrator determines that the new aircraft design is significant. (xiii) Any other factor determined appropriate by the Administrator. (C) Passengers with disabilities defined \nFor purposes of this paragraph, the term passengers with disabilities means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations.", "id": "id848f1576-d67b-4493-a237-7abf44a6c611", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Aviation Rulemaking Committee for evacuation standards \n(1) In general \nNot later than 180 days after the completion of the study under subsection (a), the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to review the findings of the study and develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations. (2) Composition \nThe Committee shall consist of members appointed by the Administrator, including the following: (A) Representatives of industry. (B) Representatives of aviation labor organizations. (C) Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121. (D) Representatives of the disability community with specific knowledge of accessibility standards regarding evacuations in emergency circumstances. (E) Representatives of the senior citizen community. (F) Representatives of pediatricians. (3) Considerations \nIn reviewing the findings of the study under subsection (a) and developing recommendations regarding the improvement of the evacuation standards, the Committee shall consider the following: (A) The recommendations made by any prior Aviation Rulemaking Committee regarding the evacuation standards described in such parts 25 and 121. (B) Scientific data derived from the study under subsection (a). (C) Any data gathered from aviation safety reporting programs. (D) The cost-benefit analysis and risk analysis of any recommended standards. (E) Any other item determined appropriate by the Committee.", "id": "id138d01f2-cff5-40db-9428-8e3d121ba548", "header": "Aviation Rulemaking Committee for evacuation standards", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than 180 days after the date on which the Committee submits recommendations under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on— (1) the findings of the study conducted under subsection (a); (2) the recommendations of the Committee under subsection (b); and (3) the Administrator's plan, if any, to implement such recommendations.", "id": "idaf31da19-660b-4db1-a4cd-487dad9dc8c0", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(d) Rulemaking \nNot later than 90 days after submitting the report to Congress under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator deems appropriate.", "id": "id0708c5c6-951c-4013-a2f7-f8b4c6887420", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "733. Improved training standards for assisting passengers who use wheelchairs \n(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must board or deplane using an aisle chair or other boarding device. (b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for providing aisle chair assistance; and (2) be able to successfully demonstrate each of the following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device: (A) How to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features. (B) How to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer. (C) How to effectively communicate with, and take instruction from, the passenger. (c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in administering and auditing training; (2) whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; (3) whether air carriers and foreign air carriers should be required to use their own personnel instead of contractors for boarding passengers with limited or no mobility; and (4) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training from medical professionals on how to properly lift these passengers. (d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. (e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "idfa511fa4-3b3c-4f5d-b3d7-606cf35e290c", "header": "Improved training standards for assisting passengers who use wheelchairs", "nested": [ { "text": "(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must board or deplane using an aisle chair or other boarding device.", "id": "id1d62d59d-d527-487d-8d04-2928cebb5d51", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for providing aisle chair assistance; and (2) be able to successfully demonstrate each of the following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device: (A) How to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features. (B) How to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer. (C) How to effectively communicate with, and take instruction from, the passenger.", "id": "idf7306bf7-5d70-4964-94e7-faad5c391d60", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in administering and auditing training; (2) whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; (3) whether air carriers and foreign air carriers should be required to use their own personnel instead of contractors for boarding passengers with limited or no mobility; and (4) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training from medical professionals on how to properly lift these passengers.", "id": "idac237e4b-b5e2-47e2-a1de-c16fa8110213", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.", "id": "id56e305b2-85ba-4b4e-9c6e-3b25ced08fff", "header": "Final rule", "nested": [], "links": [] }, { "text": "(e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "id010ef35b-1533-4cfa-a451-748388a8f9a1", "header": "Penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "734. Training standards for stowage of wheelchairs and scooters \n(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters on aircraft. (b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and (2) be able to successfully demonstrate each of the following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter: (A) How to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier. (B) How to properly review any wheelchair or scooter information provided by the passenger or the assistive device manufacturer. (C) How to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier. (c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with wheelchair manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in administering and auditing training; and (2) whether air carriers and foreign air carriers should require personnel or contractors to use specialized equipment in loading and unloading wheelchairs and scooters. (d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. (e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "id0511f4a8-c3b0-4d66-a5a8-fb6408cbe17c", "header": "Training standards for stowage of wheelchairs and scooters", "nested": [ { "text": "(a) Rulemaking \nThe Secretary shall conduct a rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters on aircraft.", "id": "id7b2e2a72-2bcf-4d02-bc23-44f3ebde42e0", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors— (1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and (2) be able to successfully demonstrate each of the following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter: (A) How to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier. (B) How to properly review any wheelchair or scooter information provided by the passenger or the assistive device manufacturer. (C) How to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier.", "id": "id07f69a14-a0b5-4232-950f-7d58ce2e9ccf", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum— (1) whether to require air carriers and foreign air carriers to partner with wheelchair manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in administering and auditing training; and (2) whether air carriers and foreign air carriers should require personnel or contractors to use specialized equipment in loading and unloading wheelchairs and scooters.", "id": "id0cf340ea-547e-4a1e-8e44-c57d475cfd9e", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Final rule \nNot later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.", "id": "id4f42b790-495e-4c40-9062-957b7314bb1f", "header": "Final rule", "nested": [], "links": [] }, { "text": "(e) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).", "id": "id2917c4a2-3193-422b-9224-0461af4c1703", "header": "Penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "735. Mobility Aids On Board Improve Lives and Empower All \n(a) Publication of information related to powered wheelchairs \n(1) Advisory circular \nNot later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including— (A) information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and (B) in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a power wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight. (2) Requirement \nNot later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, in a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1). (b) Evaluation of data regarding mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall— (1) evaluate data (which shall be delineated by type of wheelchair being mishandled, such as power wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery, or other components, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft; (2) determine whether there are issues with respect to such frequency and type of mishandling; and (3) review and report any claims for which an air carrier has conclusive evidence of fraud. (c) Report on mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders. (d) Feasibility of in-cabin wheelchair restraint systems \n(1) Roadmap \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Sciences, Engineering, and Mathematics Transportation Research Board Special Report 341— (A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in Special Report 341; and (B) sponsor studies that assess issues and considerations, including those set forth in Special Report 341, such as— (i) the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and (ii) the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight. (2) Study \nIf determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight. Such study shall include an assessment of— (A) the cost of such seating arrangements, equipment, and installation; (B) the demand for such seating arrangements; (C) the impact of such seating arrangements on passenger seating and safety on aircraft; (D) the impact of such seating arrangements on the cost of operations and airfare; and (E) any other information determined appropriate by the Secretary. (3) Report \nNot later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.", "id": "ide85b340c-d688-4549-8397-87299c5b6688", "header": "Mobility Aids On Board Improve Lives and Empower All", "nested": [ { "text": "(a) Publication of information related to powered wheelchairs \n(1) Advisory circular \nNot later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including— (A) information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and (B) in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a power wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight. (2) Requirement \nNot later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, in a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1).", "id": "id535b80e7-a788-4404-944b-145925fe71ad", "header": "Publication of information related to powered wheelchairs", "nested": [], "links": [] }, { "text": "(b) Evaluation of data regarding mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall— (1) evaluate data (which shall be delineated by type of wheelchair being mishandled, such as power wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery, or other components, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft; (2) determine whether there are issues with respect to such frequency and type of mishandling; and (3) review and report any claims for which an air carrier has conclusive evidence of fraud.", "id": "id3b1f3e1a-5ec5-491d-a079-da3daecda765", "header": "Evaluation of data regarding mishandled wheelchairs", "nested": [], "links": [] }, { "text": "(c) Report on mishandled wheelchairs \nNot later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders.", "id": "idfa07b588-3740-4a15-831c-1f0dc4f815be", "header": "Report on mishandled wheelchairs", "nested": [], "links": [] }, { "text": "(d) Feasibility of in-cabin wheelchair restraint systems \n(1) Roadmap \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Sciences, Engineering, and Mathematics Transportation Research Board Special Report 341— (A) establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in Special Report 341; and (B) sponsor studies that assess issues and considerations, including those set forth in Special Report 341, such as— (i) the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and (ii) the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight. (2) Study \nIf determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight. Such study shall include an assessment of— (A) the cost of such seating arrangements, equipment, and installation; (B) the demand for such seating arrangements; (C) the impact of such seating arrangements on passenger seating and safety on aircraft; (D) the impact of such seating arrangements on the cost of operations and airfare; and (E) any other information determined appropriate by the Secretary. (3) Report \nNot later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.", "id": "idd9446f29-cd12-45d3-a3c7-951682827d9b", "header": "Feasibility of in-cabin wheelchair restraint systems", "nested": [], "links": [] } ], "links": [] }, { "text": "736. Prioritizing Accountability and Accessibility for Aviation Consumers \n(a) Annual report \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the appropriate committees of Congress, and shall make each annual report publicly available. (b) Report \nEach annual report submitted under subsection (a) shall include, but not be limited to, the following: (1) The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years. (2) The nature of such complaints, such as reported issues with— (A) an air carrier, including an air carrier's staff training or lack thereof; (B) mishandling of passengers with a disability or their accessibility equipment; (C) the condition or lack of accessibility equipment or materials; (D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability; (E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier; (F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent; (G) issues experienced by passengers with a disability traveling with a service animal; and (H) such other issues as the Secretary deems appropriate. (3) An overview of the review process for such complaints received during such period. (4) The median length of time for how quickly review of such complaints were initiated. (5) The median length of time for how quickly such complaints were resolved or otherwise addressed. (6) Of the complaints that were found to violate section 41705 of title 49, United States Code, (commonly known as the Air Carrier Access Act of 1986 )— (A) the number of such complaints for which a formal enforcement order was issued; and (B) the number of such complaints for which a formal enforcement order was not issued. (7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under— (A) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (B) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); or (C) any other provision of law. (8) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff, or other matters under the jurisdiction of the Federal Aviation Administration, were referred to the Federal Aviation Administration. (c) Definitions \n(1) In general \nThe definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to any term defined in such sections that is used in this section. (2) Passengers with a disability defined \nIn this section, the term passengers with a disability has the meaning given the term qualified individual with a disability in section 382.3 of title 14, Code of Federal Regulations.", "id": "id8e38d86b-a170-4f63-b97b-12c5a44a3c62", "header": "Prioritizing Accountability and Accessibility for Aviation Consumers", "nested": [ { "text": "(a) Annual report \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the appropriate committees of Congress, and shall make each annual report publicly available.", "id": "idc77d8e30-f9aa-483c-bf79-912cea612041", "header": "Annual report", "nested": [], "links": [] }, { "text": "(b) Report \nEach annual report submitted under subsection (a) shall include, but not be limited to, the following: (1) The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years. (2) The nature of such complaints, such as reported issues with— (A) an air carrier, including an air carrier's staff training or lack thereof; (B) mishandling of passengers with a disability or their accessibility equipment; (C) the condition or lack of accessibility equipment or materials; (D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability; (E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier; (F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent; (G) issues experienced by passengers with a disability traveling with a service animal; and (H) such other issues as the Secretary deems appropriate. (3) An overview of the review process for such complaints received during such period. (4) The median length of time for how quickly review of such complaints were initiated. (5) The median length of time for how quickly such complaints were resolved or otherwise addressed. (6) Of the complaints that were found to violate section 41705 of title 49, United States Code, (commonly known as the Air Carrier Access Act of 1986 )— (A) the number of such complaints for which a formal enforcement order was issued; and (B) the number of such complaints for which a formal enforcement order was not issued. (7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under— (A) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (B) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); or (C) any other provision of law. (8) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff, or other matters under the jurisdiction of the Federal Aviation Administration, were referred to the Federal Aviation Administration.", "id": "id46f4d163-2f4d-4d74-b895-abfa32ff4138", "header": "Report", "nested": [], "links": [ { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" } ] }, { "text": "(c) Definitions \n(1) In general \nThe definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to any term defined in such sections that is used in this section. (2) Passengers with a disability defined \nIn this section, the term passengers with a disability has the meaning given the term qualified individual with a disability in section 382.3 of title 14, Code of Federal Regulations.", "id": "idbd0dcd75-1863-4c7e-a96c-29fcda9297e4", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 794", "legal-doc": "usc", "parsable-cite": "usc/29/794" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" } ] }, { "text": "737. Access and Dignity for All People who Travel \n(a) Short title \nThis section may be cited as the Access and Dignity for All People Who Travel Act of 2023. (b) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (3) Qualified individual with a disability \nThe term qualified individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (4) Service animal \nThe term service animal has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (c) Seating accommodations for qualified individuals with disabilities \n(1) In general \n(A) Advanced notice of proposed rulemaking \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (B) Notice of proposed rulemaking \nNot later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (C) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule regarding seating accommodations for any qualified individual with a disability. (2) Requirements \nIn carrying out any rulemaking under paragraph (1), the Secretary shall consider the following: (A) The scope and anticipated number of qualified individuals with a disability who— (i) may need to be seated with a companion to receive assistance during a flight; or (ii) should be afforded bulkhead seats or other seating considerations. (B) The types of disabilities that may need seating accommodations. (C) Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat. (D) The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations. (E) Any notification given to qualified individuals with a disability regarding available seating accommodations. (F) Any method that is adequate to identify fraudulent claims for seating accommodations. (G) Any other information determined appropriate by the Secretary. (d) Known service animal user travel pilot program \n(1) Pilot program \n(A) Establishment \n(i) In general \nThe Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal. (ii) Requirements \nThe pilot program established under clause (i) shall— (I) be optional; (II) provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program; (III) with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (IV) exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations. (B) Consultation \nIn establishing the pilot program under subparagraph (A), the Secretary shall consult with— (i) disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities; (ii) air carriers and foreign air carriers; (iii) accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals; (iv) other relevant departments or agencies of the Federal Government; and (v) other entities determined to be appropriate by the Secretary. (C) Eligibility \nTo be eligible to participate in the pilot program under this paragraph, an individual shall— (i) be a qualified individual with a disability; (ii) require the use of a service animal because of a disability; and (iii) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (D) Clarification \nThe Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph. (E) Nominal fee \nThe Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program. (F) Reports to Congress \n(i) Planning report \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the implementation plan for the pilot program under this paragraph. (ii) Annual report \nNot later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program. (iii) Final report \nNot later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government. (G) Sunset \nThe pilot program shall terminate on the date that is 5 years after the date of enactment of this section. (2) Accredited service animal training programs and authorized registrars \nNot later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of— (A) accredited programs that train service animals; and (B) authorized registrars that evaluate service animals. (3) Report to Congress on service animal requests \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including— (A) during the reporting period, how many requests to board an aircraft with a service animal were made; and (B) the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as— (i) granted; (ii) denied; or (iii) fraudulent. (4) Training \n(A) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal. (B) Requirements \nThe guidance issued under paragraph (1) shall— (i) take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities; (ii) provide information on— (I) service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and (II) the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and (iii) outline the rights and responsibilities of the handler of the service animal.", "id": "id5cf20092-267c-422e-83ef-9606eb94c5e6", "header": "Access and Dignity for All People who Travel", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Access and Dignity for All People Who Travel Act of 2023.", "id": "id248bba6e-7162-46c1-a360-4699c4935d1f", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (3) Qualified individual with a disability \nThe term qualified individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (4) Service animal \nThe term service animal has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.", "id": "idb5be5cd9-21a2-4f50-b390-37107f9c18b8", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Seating accommodations for qualified individuals with disabilities \n(1) In general \n(A) Advanced notice of proposed rulemaking \nNot later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (B) Notice of proposed rulemaking \nNot later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. (C) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule regarding seating accommodations for any qualified individual with a disability. (2) Requirements \nIn carrying out any rulemaking under paragraph (1), the Secretary shall consider the following: (A) The scope and anticipated number of qualified individuals with a disability who— (i) may need to be seated with a companion to receive assistance during a flight; or (ii) should be afforded bulkhead seats or other seating considerations. (B) The types of disabilities that may need seating accommodations. (C) Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat. (D) The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations. (E) Any notification given to qualified individuals with a disability regarding available seating accommodations. (F) Any method that is adequate to identify fraudulent claims for seating accommodations. (G) Any other information determined appropriate by the Secretary.", "id": "idd9907e2f-94d5-4580-8705-a5f0d5dddfdc", "header": "Seating accommodations for qualified individuals with disabilities", "nested": [], "links": [] }, { "text": "(d) Known service animal user travel pilot program \n(1) Pilot program \n(A) Establishment \n(i) In general \nThe Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal. (ii) Requirements \nThe pilot program established under clause (i) shall— (I) be optional; (II) provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program; (III) with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (IV) exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations. (B) Consultation \nIn establishing the pilot program under subparagraph (A), the Secretary shall consult with— (i) disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities; (ii) air carriers and foreign air carriers; (iii) accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals; (iv) other relevant departments or agencies of the Federal Government; and (v) other entities determined to be appropriate by the Secretary. (C) Eligibility \nTo be eligible to participate in the pilot program under this paragraph, an individual shall— (i) be a qualified individual with a disability; (ii) require the use of a service animal because of a disability; and (iii) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (D) Clarification \nThe Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph. (E) Nominal fee \nThe Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program. (F) Reports to Congress \n(i) Planning report \nNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the implementation plan for the pilot program under this paragraph. (ii) Annual report \nNot later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program. (iii) Final report \nNot later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government. (G) Sunset \nThe pilot program shall terminate on the date that is 5 years after the date of enactment of this section. (2) Accredited service animal training programs and authorized registrars \nNot later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of— (A) accredited programs that train service animals; and (B) authorized registrars that evaluate service animals. (3) Report to Congress on service animal requests \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including— (A) during the reporting period, how many requests to board an aircraft with a service animal were made; and (B) the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as— (i) granted; (ii) denied; or (iii) fraudulent. (4) Training \n(A) In general \nNot later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal. (B) Requirements \nThe guidance issued under paragraph (1) shall— (i) take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities; (ii) provide information on— (I) service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and (II) the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and (iii) outline the rights and responsibilities of the handler of the service animal.", "id": "id6451f5af-a45a-4495-b517-4369ba213814", "header": "Known service animal user travel pilot program", "nested": [], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] } ], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "738. Equal Accessibility to Passenger Portals \n(a) Applications and information communication technologies \n(1) Rulemaking \nNot later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible. (2) Final rule \nNot later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1). (3) Considerations \nIn any rulemaking under this subsection, the Secretary— (A) shall consider— (i) the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (ii) the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (B) may consider— (i) additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and (ii) the technical capabilities of the information communication technology. (4) Consultation \nFor purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards. (5) Review \nNot later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary. (b) Audit \n(1) Initial audit \n(A) Requirement \nNot later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule. Such audit shall be limited to a review of the following: (i) The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport. (ii) The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to— (I) notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or (II) provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag. (iii) Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders. (B) Notice \nNot later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including— (i) a notice of the audit; (ii) the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and (iii) the potential civil penalties that may be assessed for noncompliance with such standards. (2) Clarification \nThe Secretary may— (A) award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and (B) require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit. (3) Subsequent audits \n(A) Large air carriers, large hub airports, and medium hub airports \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports. (B) Small air carriers \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers. (c) Report \nNot later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following: (1) The number of air carriers, foreign air carriers, and airports audited during the reporting period. (2) The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period. (3) An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary. (4) Recommendations for such legislation and administrative action as the Secretary determines appropriate. (d) Penalties \nUpon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary. (e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Airport \nThe term airport has the meaning given that term in section 40102 of title 49, United States Code. (3) Application \nThe term application means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task. (4) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (5) Individual with a disability \nThe term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (6) Information communication technology \nThe term information communication technology — (A) means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and (B) includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document. (7) Large air carrier \nThe term large air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more. (8) Large hub airport \nThe term large hub airport has the meaning given that term in section 40102 of title 49, United States Code. (9) Medium hub airport \nThe term medium hub airport has the meaning given that term in section 40102 of title 49, United States Code. (10) Small air carrier \nThe term small air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.", "id": "id3658e6cc-5c70-4fbc-ab67-487bcc10825a", "header": "Equal Accessibility to Passenger Portals", "nested": [ { "text": "(a) Applications and information communication technologies \n(1) Rulemaking \nNot later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible. (2) Final rule \nNot later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1). (3) Considerations \nIn any rulemaking under this subsection, the Secretary— (A) shall consider— (i) the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (ii) the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and (B) may consider— (i) additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and (ii) the technical capabilities of the information communication technology. (4) Consultation \nFor purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards. (5) Review \nNot later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary.", "id": "id7773026d-28d0-4ee7-b16b-8ed48cbe2059", "header": "Applications and information communication technologies", "nested": [], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "(b) Audit \n(1) Initial audit \n(A) Requirement \nNot later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule. Such audit shall be limited to a review of the following: (i) The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport. (ii) The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to— (I) notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or (II) provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag. (iii) Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders. (B) Notice \nNot later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including— (i) a notice of the audit; (ii) the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and (iii) the potential civil penalties that may be assessed for noncompliance with such standards. (2) Clarification \nThe Secretary may— (A) award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and (B) require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit. (3) Subsequent audits \n(A) Large air carriers, large hub airports, and medium hub airports \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports. (B) Small air carriers \nFor purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers.", "id": "id608d24b9-dc6d-45ee-8ffb-23ec702eb4b5", "header": "Audit", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following: (1) The number of air carriers, foreign air carriers, and airports audited during the reporting period. (2) The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period. (3) An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary. (4) Recommendations for such legislation and administrative action as the Secretary determines appropriate.", "id": "id21dafb69-79d6-4509-897d-0059e8059808", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Penalties \nUpon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary.", "id": "ida43252fb-4bc1-4e71-897a-ba0c535f8b5c", "header": "Penalties", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Airport \nThe term airport has the meaning given that term in section 40102 of title 49, United States Code. (3) Application \nThe term application means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task. (4) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (5) Individual with a disability \nThe term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (6) Information communication technology \nThe term information communication technology — (A) means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and (B) includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document. (7) Large air carrier \nThe term large air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more. (8) Large hub airport \nThe term large hub airport has the meaning given that term in section 40102 of title 49, United States Code. (9) Medium hub airport \nThe term medium hub airport has the meaning given that term in section 40102 of title 49, United States Code. (10) Small air carrier \nThe term small air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.", "id": "id51efb8e3-66af-4b1c-8fd5-7960cb2c200c", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "739. Store On-board Wheelchairs in Cabin \n(a) Requirements \n(1) In general \nIn the case of an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including— (A) that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies; (B) that a qualified individual with a disability may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair; (C) that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of such title 14 in order for the individual to be provided with the on-board wheelchair; and (D) if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request. (2) Annual training \nAn air carrier and a foreign air carrier shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting a qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual's right to request an on-board wheelchair. (3) Public awareness campaign \nThe Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual's right to request an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations. (4) Qualified individual with a disability defined \nIn this subsection, the term qualified individual with a disability has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations. (5) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier that fails to meet the requirements under paragraph (1) or (2). (b) Increased civil penalties \n(1) In general \nSection 46301(a)(7) of title 49, United States Code, is amended— (A) in the paragraph heading, by striking to harm ; and (B) in subparagraph (A)— (i) in the heading, by striking bodily harm or damage to wheelchair or other mobility aid and inserting damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair ; and (ii) by striking or injury to a passenger with a disability and inserting , injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation). (2) Effective date \nThe amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).", "id": "id0e1af3d8-826c-41ec-8455-5a611de3fbdc", "header": "Store On-board Wheelchairs in Cabin", "nested": [ { "text": "(a) Requirements \n(1) In general \nIn the case of an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including— (A) that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies; (B) that a qualified individual with a disability may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair; (C) that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of such title 14 in order for the individual to be provided with the on-board wheelchair; and (D) if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request. (2) Annual training \nAn air carrier and a foreign air carrier shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting a qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual's right to request an on-board wheelchair. (3) Public awareness campaign \nThe Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual's right to request an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations. (4) Qualified individual with a disability defined \nIn this subsection, the term qualified individual with a disability has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations. (5) Penalties \nThe Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier that fails to meet the requirements under paragraph (1) or (2).", "id": "id5ad64828-6c48-41fa-9081-a8fbcbc263ff", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Increased civil penalties \n(1) In general \nSection 46301(a)(7) of title 49, United States Code, is amended— (A) in the paragraph heading, by striking to harm ; and (B) in subparagraph (A)— (i) in the heading, by striking bodily harm or damage to wheelchair or other mobility aid and inserting damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair ; and (ii) by striking or injury to a passenger with a disability and inserting , injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation). (2) Effective date \nThe amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).", "id": "id95de596b-0193-49b7-a527-4a27a66ca4f8", "header": "Increased civil penalties", "nested": [], "links": [] } ], "links": [] }, { "text": "740. Standards \n(a) Aircraft access standards \n(1) Standards \n(A) Advance notice of proposed rulemaking \nNot later than 1 year after the date of the enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding standards to ensure that the aircraft boarding and deplaning process is accessible, in terms of design for and transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs. (B) Notice of proposed rulemaking \nNot later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding standards addressed in subparagraph (A). (C) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule. (2) Covered aircraft, equipment, and features \nThe standards prescribed under paragraph (1)(A) shall address, at a minimum— (A) boarding and deplaning equipment; (B) improved procedures to ensure priority cabin stowage for manual assistive devices pursuant to section 382.67 of title 14 of the Code of Federal Regulations; and (C) improved cargo hold storage to prevent damage to assistive devices. (3) Consultation \nFor purposes of the rulemaking in subsection (a), the Secretary shall consult with the Access Board and any other relevant department or agency to determine appropriate accessibility standards. (b) In-flight entertainment rulemaking \nNot later than 1 year after the date of the enactment of this section, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016 Resolution of the U.S. Department of Transportation ACCESS Committee’s and the consensus recommendation set forth in Term Sheet Reflecting Agreement of the Access Committee Regarding In-Flight Entertainment. (c) Negotiated rulemaking on in-cabin wheelchair restraint systems and enplaning and deplaning standards \n(1) Timing \n(A) In general \nNot later than 1 year after completion of the report required by section 735(d)(3), and if that report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight, the Secretary shall conduct a negotiated rulemaking on new type certificated aircraft standards for seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from their personal assistive devices. (B) Requirement \nThe negotiated rulemaking shall include participation of representatives of— (i) air carriers; (ii) aircraft manufacturers; (iii) national disability organizations; (iv) aviation safety experts; and (v) mobility aid manufacturers. (2) Notice of proposed rulemaking \nNot later than 1 year after the completion of the negotiated rulemaking required by paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards in paragraph (1). (3) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under paragraph (2) is completed, the Secretary shall issue a final rule regarding the standards in paragraph (1). (4) Considerations \nIn the negotiated rulemaking and rulemaking required under this subsection, the Secretary shall consider— (A) a reasonable period for the design, certification, and construction of aircraft that meet the requirements; (B) the safety of all persons on-board the aircraft, including necessary wheelchair standards and wheelchair compliance with FAA crashworthiness and safety performance criteria; and (C) the costs of design, installation, equipage, and aircraft capacity impacts, including partial fleet equipage and fare impacts. (d) Visual and tactilely accessible announcements \nThe Advisory Committee established under section 439(g) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) (as amended by section 731) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft. (e) Airport facilities \nNot later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code (commonly known as the Air Carrier Access Act ), that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications. (f) Definitions \nIn this section: (1) Access Board \nThe term Access Board means the Architectural and Transportation Barriers Compliance Board. (2) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (3) Individual with a disability \nThe term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (4) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code.", "id": "id93f1a80771964657b4ea35145e5b3ecd", "header": "Standards", "nested": [ { "text": "(a) Aircraft access standards \n(1) Standards \n(A) Advance notice of proposed rulemaking \nNot later than 1 year after the date of the enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding standards to ensure that the aircraft boarding and deplaning process is accessible, in terms of design for and transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs. (B) Notice of proposed rulemaking \nNot later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding standards addressed in subparagraph (A). (C) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule. (2) Covered aircraft, equipment, and features \nThe standards prescribed under paragraph (1)(A) shall address, at a minimum— (A) boarding and deplaning equipment; (B) improved procedures to ensure priority cabin stowage for manual assistive devices pursuant to section 382.67 of title 14 of the Code of Federal Regulations; and (C) improved cargo hold storage to prevent damage to assistive devices. (3) Consultation \nFor purposes of the rulemaking in subsection (a), the Secretary shall consult with the Access Board and any other relevant department or agency to determine appropriate accessibility standards.", "id": "id632c261e935140a599203d9a7054c4c3", "header": "Aircraft access standards", "nested": [], "links": [] }, { "text": "(b) In-flight entertainment rulemaking \nNot later than 1 year after the date of the enactment of this section, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016 Resolution of the U.S. Department of Transportation ACCESS Committee’s and the consensus recommendation set forth in Term Sheet Reflecting Agreement of the Access Committee Regarding In-Flight Entertainment.", "id": "id0e99bd20eafe43098a6d857453f3780f", "header": "In-flight entertainment rulemaking", "nested": [], "links": [] }, { "text": "(c) Negotiated rulemaking on in-cabin wheelchair restraint systems and enplaning and deplaning standards \n(1) Timing \n(A) In general \nNot later than 1 year after completion of the report required by section 735(d)(3), and if that report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight, the Secretary shall conduct a negotiated rulemaking on new type certificated aircraft standards for seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from their personal assistive devices. (B) Requirement \nThe negotiated rulemaking shall include participation of representatives of— (i) air carriers; (ii) aircraft manufacturers; (iii) national disability organizations; (iv) aviation safety experts; and (v) mobility aid manufacturers. (2) Notice of proposed rulemaking \nNot later than 1 year after the completion of the negotiated rulemaking required by paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards in paragraph (1). (3) Final rule \nNot later than 1 year after the date on which the notice of proposed rulemaking under paragraph (2) is completed, the Secretary shall issue a final rule regarding the standards in paragraph (1). (4) Considerations \nIn the negotiated rulemaking and rulemaking required under this subsection, the Secretary shall consider— (A) a reasonable period for the design, certification, and construction of aircraft that meet the requirements; (B) the safety of all persons on-board the aircraft, including necessary wheelchair standards and wheelchair compliance with FAA crashworthiness and safety performance criteria; and (C) the costs of design, installation, equipage, and aircraft capacity impacts, including partial fleet equipage and fare impacts.", "id": "id5dad800ee2d14aba9c1f8aef12a55976", "header": "Negotiated rulemaking on in-cabin wheelchair restraint systems and enplaning and deplaning standards", "nested": [], "links": [] }, { "text": "(d) Visual and tactilely accessible announcements \nThe Advisory Committee established under section 439(g) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 41705 note) (as amended by section 731) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft.", "id": "id1fd0d198b7764241ace236b7ebb2e9bb", "header": "Visual and tactilely accessible announcements", "nested": [], "links": [ { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" } ] }, { "text": "(e) Airport facilities \nNot later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code (commonly known as the Air Carrier Access Act ), that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications.", "id": "ida64166a9a90f400ba1b4d6e77c6549cc", "header": "Airport facilities", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Access Board \nThe term Access Board means the Architectural and Transportation Barriers Compliance Board. (2) Air carrier \nThe term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (3) Individual with a disability \nThe term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. (4) Foreign air carrier \nThe term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code.", "id": "id17634077bda347b790daa73d24f08153", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 41705", "legal-doc": "usc", "parsable-cite": "usc/49/41705" } ] }, { "text": "741. Investigation of complaints \nSection 41705(c) of title 49, United States Code, is amended by striking paragraph (1), and inserting the following: (1) In general \nThe Secretary shall— (A) not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; and (B) provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to— (i) the facts underlying the complaint; and (ii) any action the Secretary is taking in response to the complaint..", "id": "id36d12056de5149cfbbb3078f6a94951c", "header": "Investigation of complaints", "nested": [], "links": [] }, { "text": "751. Essential air service \n(a) Definitions \nSection 41731 of title 49, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) Eligible place defined \nIn this subchapter, the term eligible place means a place in the United States that— (1) is at least 75 miles from the nearest medium or large hub airport, if within the 48 contiguous states, which shall not be waived; (2) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year; (3) during the most recent fiscal year had an average subsidy per passenger, as determined by the Secretary, of— (A) less than $500 for locations that are less than 175 driving miles from the nearest large or medium hub airport; and (B) less than $1,000 for all locations, regardless of driving distance to a hub; and (4) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive— (A) received essential air service for which compensation was provided to an air carrier under this subchapter; or (B) received notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community. ; (2) in subsection (b), by striking subsection (a)(1) of this section and inserting subsection (a) ; (3) in subsection (c), by striking Subparagraphs (B), (C), and (D) of subsection (a)(1) and inserting Paragraphs (2), (3), and (4) of subsection (a) ; (4) in subsection (d), by striking Subsection (a)(1)(B) and inserting Subsection (a)(2) ; (5) by striking subsection (e) and inserting the following: (e) Waivers \nThe Secretary may waive, on an annual basis, subsection (a)(2) or subsection (a)(3)(A) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day or has a subsidy higher than $500 per passenger is due to a temporary decline in demand; provided, that the Secretary may not provide more than 2 consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any location. ; and (6) in subsection (f), by striking subsection (a)(1)(B) and inserting subsection (a)(2). (b) Improvements to basic essential air service \n(1) In general \nSection 41732 of title 49, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by striking hub airport and all that follows through beyond that airport and inserting medium or large hub airport ; and (ii) in paragraph (2), by inserting medium or large after nearest ; and (B) in subsection (b)— (i) in paragraph (2), by striking and at prices and all that follows through the period; and (ii) by striking paragraphs (3) through (6). (c) Level of basic essential air service \nSection 41733 of title 49, United States Code, is amended— (1) in subsection (c)(1)— (A) by striking subparagraph (B) and inserting the following: (B) the contractual, marketing, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport; ; (B) by striking subparagraph (C) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; (C) in subparagraph (D), as so redesignated, by striking and after the semicolon; (D) in subparagraph (E), as so redesignated, by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (F) service provided in aircraft with at least 2 engines and using 2 pilots. ; and (2) in subsection (h), by striking by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 ( Public Law 106–69 ; 113 Stat. 1022) and inserting under section 41731(a)(3). (d) Ending, suspending, and reducing basic essential air service \nSection 41734 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by striking An air carrier and inserting Subject to subsection (d), an air carrier ; and (B) by striking 90 and inserting 180 ; (2) by striking subsection (d) and inserting the following: (d) Continuation of compensation after notice period \n(1) In general \nIf an air carrier receiving compensation under section 41733 of this title for providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 180-day notice period under subsection (a) of this section, the Secretary— (A) shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) of this section; (B) may pay an additional amount that represents a reasonable return on investment; and (C) may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues. (2) Authority \nThe Secretary may impose contract termination penalties or conditions on compensation that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service. ; (3) in subsection (e), by striking providing that service after the 90-day notice period and all that follows through the period at the end of paragraph (2) and inserting providing that service after the 180-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 180-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs. ; and (4) in subsection (f), by inserting air after find another. (e) Enhanced essential air service \nSection 41735 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (f) Air transportation to noneligible places \nSection 41736 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (g) Compensation guidelines, limitations, and claims \nSection 41737(d) of title 49, United States Code, is amended— (1) by striking (1) before The Secretary may ; and (2) by striking paragraph (2). (h) Joint proposals \nSection 41740 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (i) Essential air service authorization \n(1) In general \nSection 41742(a) of title 49, United States Code, is amended— (A) in paragraph (1), by striking $50,000,000 and inserting $154,400,000 ; (B) in paragraph (2), by striking $155,000,000 for fiscal year 2018, and all that follows through March 8, 2024 and inserting $335,000,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 ; and (C) by striking paragraph (3). (2) Effective date \nThe amendments made by paragraph (1) shall take effect on October 1, 2023. (j) Preservation of basic essential air service at single carrier dominated hub airports \nSection 41744 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed. (k) Community and regional choice programs \nSection 41745 of title 49, United States Code, is amended— (1) in subsection (a)(3), by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); and (3) by redesignating subsections (d) through (g) as subsections (b) through (e), respectively. (l) Marketing program \nSection 41748 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "ida4be74a9-58b2-44ad-8fe4-205e7f1134de", "header": "Essential air service", "nested": [ { "text": "(a) Definitions \nSection 41731 of title 49, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) Eligible place defined \nIn this subchapter, the term eligible place means a place in the United States that— (1) is at least 75 miles from the nearest medium or large hub airport, if within the 48 contiguous states, which shall not be waived; (2) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year; (3) during the most recent fiscal year had an average subsidy per passenger, as determined by the Secretary, of— (A) less than $500 for locations that are less than 175 driving miles from the nearest large or medium hub airport; and (B) less than $1,000 for all locations, regardless of driving distance to a hub; and (4) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive— (A) received essential air service for which compensation was provided to an air carrier under this subchapter; or (B) received notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community. ; (2) in subsection (b), by striking subsection (a)(1) of this section and inserting subsection (a) ; (3) in subsection (c), by striking Subparagraphs (B), (C), and (D) of subsection (a)(1) and inserting Paragraphs (2), (3), and (4) of subsection (a) ; (4) in subsection (d), by striking Subsection (a)(1)(B) and inserting Subsection (a)(2) ; (5) by striking subsection (e) and inserting the following: (e) Waivers \nThe Secretary may waive, on an annual basis, subsection (a)(2) or subsection (a)(3)(A) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day or has a subsidy higher than $500 per passenger is due to a temporary decline in demand; provided, that the Secretary may not provide more than 2 consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any location. ; and (6) in subsection (f), by striking subsection (a)(1)(B) and inserting subsection (a)(2).", "id": "idfcefa857-3425-4011-b2fe-56911df837fe", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Improvements to basic essential air service \n(1) In general \nSection 41732 of title 49, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by striking hub airport and all that follows through beyond that airport and inserting medium or large hub airport ; and (ii) in paragraph (2), by inserting medium or large after nearest ; and (B) in subsection (b)— (i) in paragraph (2), by striking and at prices and all that follows through the period; and (ii) by striking paragraphs (3) through (6).", "id": "id5b8a0932-29fa-4707-beda-5d9f6ff40857", "header": "Improvements to basic essential air service", "nested": [], "links": [] }, { "text": "(c) Level of basic essential air service \nSection 41733 of title 49, United States Code, is amended— (1) in subsection (c)(1)— (A) by striking subparagraph (B) and inserting the following: (B) the contractual, marketing, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport; ; (B) by striking subparagraph (C) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively; (C) in subparagraph (D), as so redesignated, by striking and after the semicolon; (D) in subparagraph (E), as so redesignated, by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (F) service provided in aircraft with at least 2 engines and using 2 pilots. ; and (2) in subsection (h), by striking by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 ( Public Law 106–69 ; 113 Stat. 1022) and inserting under section 41731(a)(3).", "id": "id59340c46-86b1-4099-a807-13754cf491b3", "header": "Level of basic essential air service", "nested": [], "links": [ { "text": "Public Law 106–69", "legal-doc": "public-law", "parsable-cite": "pl/106/69" } ] }, { "text": "(d) Ending, suspending, and reducing basic essential air service \nSection 41734 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by striking An air carrier and inserting Subject to subsection (d), an air carrier ; and (B) by striking 90 and inserting 180 ; (2) by striking subsection (d) and inserting the following: (d) Continuation of compensation after notice period \n(1) In general \nIf an air carrier receiving compensation under section 41733 of this title for providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 180-day notice period under subsection (a) of this section, the Secretary— (A) shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) of this section; (B) may pay an additional amount that represents a reasonable return on investment; and (C) may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues. (2) Authority \nThe Secretary may impose contract termination penalties or conditions on compensation that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service. ; (3) in subsection (e), by striking providing that service after the 90-day notice period and all that follows through the period at the end of paragraph (2) and inserting providing that service after the 180-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 180-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs. ; and (4) in subsection (f), by inserting air after find another.", "id": "id6616a7ce-ed42-4f86-80f8-7c3e4ae96c55", "header": "Ending, suspending, and reducing basic essential air service", "nested": [], "links": [] }, { "text": "(e) Enhanced essential air service \nSection 41735 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "idb1317d57-d20e-4f5b-a0e0-20d71a657da9", "header": "Enhanced essential air service", "nested": [], "links": [] }, { "text": "(f) Air transportation to noneligible places \nSection 41736 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id028e35e4-7ac9-41e5-afb3-3a8ae1966f25", "header": "Air transportation to noneligible places", "nested": [], "links": [] }, { "text": "(g) Compensation guidelines, limitations, and claims \nSection 41737(d) of title 49, United States Code, is amended— (1) by striking (1) before The Secretary may ; and (2) by striking paragraph (2).", "id": "id663093e9-ed8c-44da-9269-5e7edaca295c", "header": "Compensation guidelines, limitations, and claims", "nested": [], "links": [] }, { "text": "(h) Joint proposals \nSection 41740 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id38503140-dbb8-415d-8f7e-99b3d2b9bf29", "header": "Joint proposals", "nested": [], "links": [] }, { "text": "(i) Essential air service authorization \n(1) In general \nSection 41742(a) of title 49, United States Code, is amended— (A) in paragraph (1), by striking $50,000,000 and inserting $154,400,000 ; (B) in paragraph (2), by striking $155,000,000 for fiscal year 2018, and all that follows through March 8, 2024 and inserting $335,000,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 ; and (C) by striking paragraph (3). (2) Effective date \nThe amendments made by paragraph (1) shall take effect on October 1, 2023.", "id": "id6a1e8e17-d5a1-4fba-adb5-f0af44c80fb5", "header": "Essential air service authorization", "nested": [], "links": [] }, { "text": "(j) Preservation of basic essential air service at single carrier dominated hub airports \nSection 41744 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "id70f9d0ca-41fa-484b-acfb-84dda464d251", "header": "Preservation of basic essential air service at single carrier dominated hub airports", "nested": [], "links": [] }, { "text": "(k) Community and regional choice programs \nSection 41745 of title 49, United States Code, is amended— (1) in subsection (a)(3), by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); and (3) by redesignating subsections (d) through (g) as subsections (b) through (e), respectively.", "id": "id3a33e9e3-e91e-490a-81c5-bd9172b6c5cc", "header": "Community and regional choice programs", "nested": [], "links": [] }, { "text": "(l) Marketing program \nSection 41748 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.", "id": "idb030d8e4-a6d0-4e7d-97b5-c534d3f89063", "header": "Marketing program", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 106–69", "legal-doc": "public-law", "parsable-cite": "pl/106/69" } ] }, { "text": "752. Small community air service development grants \nSection 41743 of title 49, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (4)(B), by striking 10-year and inserting 5-year ; and (B) in paragraph (5)(E), by inserting or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes) after terminated ; (2) in subsection (d)— (A) in paragraph (1), by inserting , which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal after 3 years ; (B) in paragraph (2), by striking and after the semicolon; (C) in paragraph (3), by striking the period and inserting ; and ; and (D) by adding at the end the following: (4) to provide assistance to an airport where air service has been terminated or substantially reduced. ; (3) in subsection (e)— (A) in paragraph (1), by inserting or the community's current air service needs after the project ; (B) in paragraph (2), by striking $10,000,000 for each of fiscal years 2018 through 2023 and all that follows through March 8, 2024 and inserting $20,000,000 for each of fiscal years 2024 through 2028 ; (4) in subsection (g)(4), by striking and the creation of aviation development zones ; and (5) by striking subsections (f) and (h) and redesignating subsection (g) (as amended by paragraph (4)) as subsection (f).", "id": "id2fcbf3b1-d270-4c4e-a0bd-75c8a0713ab4", "header": "Small community air service development grants", "nested": [], "links": [] }, { "text": "753. GAO study and report on the alternate Essential Air Service program \n(a) Study \nThe Comptroller General shall study the effectiveness of the Alternate Essential Air Service program (in this section referred to as the Alternate EAS program ), including challenges if any that have impeded robust community participation in the Alternate EAS program. The study shall include an assessment of potential changes to the Alternate EAS program and the basic Essential Air Service programs under section 41731 of title 49, United States Code, wherein Governors of Essential Air Service eligible States and Puerto Rico are given block grants to distribute Essential Air Service funds to Essential Air Service eligible communities in their States and Puerto Rico. (b) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id37b51c11-e011-4d85-a1fe-9fd95f3cfbdd", "header": "GAO study and report on the alternate Essential Air Service program", "nested": [ { "text": "(a) Study \nThe Comptroller General shall study the effectiveness of the Alternate Essential Air Service program (in this section referred to as the Alternate EAS program ), including challenges if any that have impeded robust community participation in the Alternate EAS program. The study shall include an assessment of potential changes to the Alternate EAS program and the basic Essential Air Service programs under section 41731 of title 49, United States Code, wherein Governors of Essential Air Service eligible States and Puerto Rico are given block grants to distribute Essential Air Service funds to Essential Air Service eligible communities in their States and Puerto Rico.", "id": "id8291b606-4ab6-44b9-930a-ee8d33a58e13", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Briefing \nNot later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "ida1afad34-5945-4edd-8e1f-360b83d38c2d", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "754. Essential air service in parts of Alaska \nNot later than September 1, 2024, the Secretary, in consultation with the appropriate State authority of Alaska, shall review all domestic points in the State of Alaska that were deleted from carrier certificates between July 1, 1968, and October 24, 1978, and that were not subsequently determined to be an eligible place prior to January 1, 1982, as a result of being unpopulated at that time due to destruction during the 1964 earthquake and its resultant tidal wave, to determine whether such points have been resettled or relocated and should be designated as an eligible place entitled to receive a determination of the level of essential air service supported, if necessary, with Federal funds.", "id": "id540c70990c8a48b58156fdccbcc33c09", "header": "Essential air service in parts of Alaska", "nested": [], "links": [] }, { "text": "755. Essential air service community petition for review \n(a) In general \nSection 41733 of title 49, United States Code, is amended by adding at the end the following new subsection: (i) Community petition for review \n(1) Petition \nAn appropriate representative of the community in which an eligible place is located may submit to the Secretary a petition expressing no confidence in the air carrier providing basic essential air service under this section and requesting a review by the Secretary. A petition submitted under this subsection shall demonstrate that the air carrier— (A) is unwilling or unable to meet the operational specifications outlined in the order issued by the Secretary specifying the terms of basic essential air service to the community; (B) is experiencing reliability challenges with the potential to adversely affect air service to the community; or (C) is no longer able to provide service to the community at the rate of compensation specified by the Secretary. (2) Review \nNot later than 2 months after the date on which the Secretary receives a petition under paragraph (1), the Secretary shall review the operational performance of the air carrier providing basic essential air service to the community that submitted the petition and determine whether the air carrier is fully complying with the obligations specified in the order issued by the Secretary specifying the terms of basic essential air service to the community. (3) Termination \nIf based on a review under paragraph (2), the Secretary determines noncompliance by an air carrier with an order specifying the terms for basic essential air service to the community, the Secretary may— (A) terminate the order issued to that air carrier; and (B) issue a notice under subsection (c) that an air carrier may apply to provide basic essential air service to the community for compensation under this section and select an applicant under that subsection. (4) Continuation of service \nIf the Secretary makes a determination under paragraph (3) to terminate an order issued to an air carrier under this section, the Secretary shall ensure continuity in air service to the affected community..", "id": "idfb8b3c066a0048bdabffbb41f6fc60b7", "header": "Essential air service community petition for review", "nested": [ { "text": "(a) In general \nSection 41733 of title 49, United States Code, is amended by adding at the end the following new subsection: (i) Community petition for review \n(1) Petition \nAn appropriate representative of the community in which an eligible place is located may submit to the Secretary a petition expressing no confidence in the air carrier providing basic essential air service under this section and requesting a review by the Secretary. A petition submitted under this subsection shall demonstrate that the air carrier— (A) is unwilling or unable to meet the operational specifications outlined in the order issued by the Secretary specifying the terms of basic essential air service to the community; (B) is experiencing reliability challenges with the potential to adversely affect air service to the community; or (C) is no longer able to provide service to the community at the rate of compensation specified by the Secretary. (2) Review \nNot later than 2 months after the date on which the Secretary receives a petition under paragraph (1), the Secretary shall review the operational performance of the air carrier providing basic essential air service to the community that submitted the petition and determine whether the air carrier is fully complying with the obligations specified in the order issued by the Secretary specifying the terms of basic essential air service to the community. (3) Termination \nIf based on a review under paragraph (2), the Secretary determines noncompliance by an air carrier with an order specifying the terms for basic essential air service to the community, the Secretary may— (A) terminate the order issued to that air carrier; and (B) issue a notice under subsection (c) that an air carrier may apply to provide basic essential air service to the community for compensation under this section and select an applicant under that subsection. (4) Continuation of service \nIf the Secretary makes a determination under paragraph (3) to terminate an order issued to an air carrier under this section, the Secretary shall ensure continuity in air service to the affected community..", "id": "idb080e1b6329247eea21c5d5eeafaae44", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "801. Office of Advanced Aviation Technology and Innovation \nSection 106 of title 49, United States Code, is amended by adding at the end the following new subsection: (u) Office of the Associate Administrator for Advanced Aviation Technology and Innovation \n(1) Establishment \nThere is established in the Federal Aviation Administration the Office of Advanced Aviation Technology and Innovation (in this subsection referred to as the Office ). (2) Associate administrator \nThe Office shall be headed by an Associate Administrator, who shall— (A) be appointed by the Administrator; and (B) report directly to the Administrator. (3) Purposes \nThe purposes of the Office are to— (A) serve as an entry point for stakeholders to share information with the Federal Aviation Administration on advanced aviation technologies; (B) examine the potential impact of advanced aviation technologies on the national airspace system, and methods to safely integrate such technologies into the national airspace system; (C) work collaboratively with subject matter experts from all lines of business and staff offices to examine advanced aviation technologies and concepts for integration into the national airspace system in an expeditious manner that takes into account acceptable levels of risk; (D) lead cross-U.S. Government collaborative efforts to develop integrated approaches for the acceleration and deployment of Advanced Technologies; (E) provide leadership with regard to internal collaboration, industry engagement, and collaboration with international partners; (F) lead cross-FAA integration, planning, coordination, and collaboration in support of the integration of advanced aviation technologies; (G) support the development of safety cases for advanced aviation technologies in coordination with the operational approval office; and (H) coordinate and review approval of advanced aviation technologies, including support to and approval of any required rulemakings, exemptions, waivers, or other types of authorizations, as appropriate. (4) Duties \nThe Associate Administrator shall— (A) establish, manage, and oversee the Office of Advanced Aviation Technology and Innovation; (B) develop and maintain a comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies; (C) collaborate with Federal Aviation Administration organizations to identify and develop specific recommendations to address skills gaps in the existing engineer and inspector workforce involved in the certification and operational approval of safety technology; (D) coordinate and review, as appropriate, rulemaking activities related to advanced aviation technologies, including by scoping complex regulatory issues, evaluating internal processes, and positioning the Federal Aviation Administration to support aerospace innovation; (E) coordinate and review, as appropriate, applications for type, production, or airworthiness certificates, or alternatives to airworthiness certificates, operating and pilot certification, and airspace authorizations, among others, related to advanced aviation technologies; (F) coordinate and review, as appropriate, applications for waivers, exemptions and other operational authorizations; (G) coordinate and review the implementation of the process required by section 2209 of the FAA Extension, Safety, and Security Act of 2016 (as amended) ( 49 U.S.C. 40101 note); (H) coordinate with the Chief Operating Officer of the Air Traffic Organization and other agency leaders to develop policies to address airspace integration issues at all levels of uncontrolled and controlled airspace; (I) implement the BEYOND program and the UAS Test Site Program, among others, and develop other pilot programs in partnership with industry stakeholders and State, local, and Tribal Governments to enable highly automated and autonomous operations of Advanced Technologies unmanned aircraft systems, AAM, and other innovative aviation technologies at scale by providing the data necessary to support rulemakings and other approval processes; (J) serve as the designated Federal officer to the Advanced Aviation Technology and Innovation Steering Committee; (K) serve as the Federal Aviation Administration lead for the Drone Safety Team; and (L) use the Federal Aviation Administration’s clearinghouse website for publicly available data (commonly referred to as Data.FAA.gov ) to ensure the establishment and implementation of a secure, single-sign on for all FAA-related services (including pending certifications, applications, IACRA, CAPS, DroneZone, MedXpress, CARES, and any other service deemed appropriate by the Administrator) with multifactor authentication-protected online capability 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, identify the Administration office that is reviewing such application, and submit inquiries or requests for guidance. (5) Congressional briefings \nNot later than 60 days after establishing the position in paragraph (1), and on a quarterly basis thereafter, the Administrator shall brief the appropriate committees of Congress on the status of— (A) implementing the comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies; (B) rulemakings, major guidance documents, and other agency pilot programs or initiatives supporting the comprehensive strategy and action plan; (C) implementing recommendations from the Advanced Aviation Technology and Innovation Steering Committee; and (D) engagement with international aviation regulators to develop global standards for advanced aviation technologies. (6) UAS integration office \nNot later than 90 days after the date of enactment of this subsection, the functions, duties and responsibilities of the UAS Integration Office shall be incorporated into the Office. (7) Definitions \nIn this subsection: (A) AAM \nThe term AAM has the meaning given the term advanced air mobility in section 2(i)(1) of the Advanced Air Mobility Coordination and Leadership Act ( 49 U.S.C. 40101 note). (B) Advanced aviation technologies \nThe term advanced aviation technologies means technologies for which introduction has potential safety implications and shall include unmanned aircraft systems, powered-lift aircraft, electric propulsion, and super- and hypersonic aircraft..", "id": "idee465e21-be81-4609-a247-93f34065a758", "header": "Office of Advanced Aviation Technology and Innovation", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "802. Advanced Aviation Technology and Innovation Steering Committee \n(a) Establishment \nNot later than 30 days after the date of enactment of this section, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the Steering Committee ) to ensure the FAA’s comprehensive strategy and action plan for fully integrating unmanned aircraft systems, AAM, and other innovative aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies as reflects the equities and interests of all stakeholders within the agency. (b) Chair \nThe Associate Administrator for Advanced Aviation Technology and Innovation shall serve as the Chair of the Steering Committee. (c) Composition \nIn addition to the Chair, the Steering Committee shall consist of at least 1 senior leader of each of the following FAA offices: (1) Aircraft Certification Service. (2) Flight Standards Service. (3) Air Traffic Organization. (4) Office of Accident Investigation and Prevention. (5) Office of Aerospace Medicine. (6) Office of Airports. (7) Office of Commercial Space. (8) Office of Finance and Management. (9) Office of NextGen or any successor office. (10) Office of the Chief Counsel. (11) Office of Rulemaking. (12) Office of Policy, International Affairs, and Environment.", "id": "id07d4eefa-45b9-40a9-b773-0c2d79bbab6d", "header": "Advanced Aviation Technology and Innovation Steering Committee", "nested": [ { "text": "(a) Establishment \nNot later than 30 days after the date of enactment of this section, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the Steering Committee ) to ensure the FAA’s comprehensive strategy and action plan for fully integrating unmanned aircraft systems, AAM, and other innovative aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies as reflects the equities and interests of all stakeholders within the agency.", "id": "id4792ed8f-a0b5-4640-aa53-9a7d60affd28", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Chair \nThe Associate Administrator for Advanced Aviation Technology and Innovation shall serve as the Chair of the Steering Committee.", "id": "id79d60e45-a63a-4e65-937f-0ffaf4e15143", "header": "Chair", "nested": [], "links": [] }, { "text": "(c) Composition \nIn addition to the Chair, the Steering Committee shall consist of at least 1 senior leader of each of the following FAA offices: (1) Aircraft Certification Service. (2) Flight Standards Service. (3) Air Traffic Organization. (4) Office of Accident Investigation and Prevention. (5) Office of Aerospace Medicine. (6) Office of Airports. (7) Office of Commercial Space. (8) Office of Finance and Management. (9) Office of NextGen or any successor office. (10) Office of the Chief Counsel. (11) Office of Rulemaking. (12) Office of Policy, International Affairs, and Environment.", "id": "id9c56827c-7d01-4236-ba8d-12ab28e585c6", "header": "Composition", "nested": [], "links": [] } ], "links": [] }, { "text": "803. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nChapter 448 of title 49, United States Code, is amended by adding at the end the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nNot later than 4 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations. (b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. (c) Final rule \n(1) In general \nNot later than 16 months after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability that sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems.. (c) Additional consideration \nIn developing the regulations under section 44811 of title 49, United States Code, as added by subsection (a), the Administrator shall consider any maneuverability or technology limitations of certain aircraft, including hot air balloons.", "id": "idc4b82d4b-8d19-44c9-b53f-da2f2951115d", "header": "Beyond visual line of sight operations for unmanned aircraft systems", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, is amended by adding at the end the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nNot later than 4 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations. (b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. (c) Final rule \n(1) In general \nNot later than 16 months after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability that sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems..", "id": "id8e0534ff-1f02-4fa8-b9b4-5310483ea46f", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following: 44811. Beyond visual line of sight operations for unmanned aircraft systems..", "id": "ida8108287-a1cb-40fd-b79f-2241c244c82d", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "section 44810", "legal-doc": "usc", "parsable-cite": "usc/49/44810" } ] }, { "text": "(c) Additional consideration \nIn developing the regulations under section 44811 of title 49, United States Code, as added by subsection (a), the Administrator shall consider any maneuverability or technology limitations of certain aircraft, including hot air balloons.", "id": "id772a114b8652494bb5b4c08b914f942c", "header": "Additional consideration", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "section 44810", "legal-doc": "usc", "parsable-cite": "usc/49/44810" } ] }, { "text": "44811. Beyond visual line of sight operations for unmanned aircraft systems \n(a) In general \nNot later than 4 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations. (b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. (c) Final rule \n(1) In general \nNot later than 16 months after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability that sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.", "id": "id91cade3c-3104-4d20-90cb-29ae74f9efe8", "header": "Beyond visual line of sight operations for unmanned aircraft systems", "nested": [ { "text": "(a) In general \nNot later than 4 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as BVLOS ) operations.", "id": "id67529a80-913c-49f1-bc87-cec4ae7cfdbe", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consultation \n(1) In general \nSubject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. (2) Exception \nIf the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination.", "id": "id3e41749d-25d9-4977-b370-8c36253cabf5", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Final rule \n(1) In general \nNot later than 16 months after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. (2) Requirements \nThe final rule described in paragraph (1) shall, at a minimum, do the following: (A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability that sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. (B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. (C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. (D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which— (i) shall not require type or production certification; (ii) shall, at least, govern airworthiness of any unmanned aircraft system that— (I) is not— (aa) a small unmanned aircraft system; and (bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; (II) has a maximum gross weight of not more than 1,320 lbs; and (III) has a maximum speed of 100 miles per hour; and (iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least— (I) 400 feet above ground level; or (II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. (E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). (F) Establish operating rules for— (i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and (ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). (3) Rule of construction \nNothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.", "id": "id3a56c757-7579-4e2c-bcd1-adef4c1a3f04", "header": "Final rule", "nested": [], "links": [] } ], "links": [] }, { "text": "804. Extending special authority for certain unmanned aircraft systems \n(a) Extension \nSection 44807(d) of title 49, United States Code, is amended by striking March 8, 2024 and inserting on the date the rules described in section 44811 take effect. (b) Clarification \nSection 44807(a) of title 49, United States Code, is amended by inserting or chapter 447 after Notwithstanding any other requirement of this chapter. (c) Expedited exemptions \nIn exercising authority under section 44807 of title 49, United States Code (as amended by subsection (a)), the Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions— (1) to enable— (A) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or (B) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view; or (2) that are aligned with FAA exemptions that enable beyond visual line of sight operations with the use of acoustics, ground based radar, and other technological solutions. (d) Clarification of status of previously issued rulemakings and exemptions \n(1) Rulemakings \nAny rulemaking published prior to the date of enactment of this section under the authority described in section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority. (2) Exemptions \nAny exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption. (3) Delegation \nThe authority granted to the Secretary in such section 44807 may continue to be delegated to the Administrator in whole or in part. (4) Rules of construction \nNothing in this section shall be construed to interfere with the Secretary's— (A) authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight; or (B) ability to grant an exemption based on a determination made pursuant to such section 44807 prior to the date described in subsection (d) of such section.", "id": "id581915d1-8289-4a77-921f-57863d3d656a", "header": "Extending special authority for certain unmanned aircraft systems", "nested": [ { "text": "(a) Extension \nSection 44807(d) of title 49, United States Code, is amended by striking March 8, 2024 and inserting on the date the rules described in section 44811 take effect.", "id": "idc089f3ab-520d-400f-891a-a109b1018c79", "header": "Extension", "nested": [], "links": [] }, { "text": "(b) Clarification \nSection 44807(a) of title 49, United States Code, is amended by inserting or chapter 447 after Notwithstanding any other requirement of this chapter.", "id": "id2b080e70-9921-4096-b15c-79cc4fcde5c7", "header": "Clarification", "nested": [], "links": [] }, { "text": "(c) Expedited exemptions \nIn exercising authority under section 44807 of title 49, United States Code (as amended by subsection (a)), the Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions— (1) to enable— (A) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or (B) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view; or (2) that are aligned with FAA exemptions that enable beyond visual line of sight operations with the use of acoustics, ground based radar, and other technological solutions.", "id": "id4a1ca432-7f3f-4ba5-b70c-db05d87cd48c", "header": "Expedited exemptions", "nested": [], "links": [] }, { "text": "(d) Clarification of status of previously issued rulemakings and exemptions \n(1) Rulemakings \nAny rulemaking published prior to the date of enactment of this section under the authority described in section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority. (2) Exemptions \nAny exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption. (3) Delegation \nThe authority granted to the Secretary in such section 44807 may continue to be delegated to the Administrator in whole or in part. (4) Rules of construction \nNothing in this section shall be construed to interfere with the Secretary's— (A) authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight; or (B) ability to grant an exemption based on a determination made pursuant to such section 44807 prior to the date described in subsection (d) of such section.", "id": "idabe2c863-dab1-4c33-914f-96cfd961a4dc", "header": "Clarification of status of previously issued rulemakings and exemptions", "nested": [], "links": [] } ], "links": [] }, { "text": "805. Environmental Review and Noise Certification \n(a) National Environmental Policy Act guidance \nNot later than 90 days after the date of enactment of this section, the Administrator shall publish drone-specific environmental review guidance and implementation procedures and thereafter revise such guidance as appropriate to carry out the requirements of this section. (b) Programmatic level approach to NEPA review \nNot later than 90 days after the date of enactment of this section, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) (including regulations promulgated to carry out that Act) for the commercial drone industry to create an efficient process for preparing environmental reviews of reasonably foreseeable drone operations across a geographic region, for an individual operator’s network of drone operations within a defined geographic region, and for operations within and over commercial and industrial sites closed or restricted to the public. (c) Developing one or more categorical exclusions \nThe Administrator shall engage in ongoing consultations with the Council on Environmental Quality to identify actions that are appropriate for a categorical exclusion and shall incorporate such actions in FAA Order 1050.1F, as amended or revised, from time to time, as, and when, deemed appropriate. (d) Suspension of noise certification requirement pending standards development \n(1) In general \nUpon the date of enactment of this section, and notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for drone models seeking type and airworthiness certification, and shall not deny, withhold, or delay such certification due to the absence of a noise certification basis under such part, provided the FAA has developed appropriate noise measurement procedures for such drone models and the FAA has received the noise measurement results based on those procedures from the applicant. (2) Duration \nThe suspension provided in this subsection shall continue until such time as the Administrator publishes final noise certification standards for drones as amendments to part 36 of title 14, Code of Federal Regulations, or to another part of title 14 of such Code. (3) Deadline for noise certification standards \nBased on drone noise data the Administrator has received in the process of reviewing applications for type and airworthiness certification, in conducting environmental assessments of proposed drone operations under section 44807 of title 49, United States Code, and part 135 of title 14, Code of Federal Regulations, and from other sources, including standards organizations, the Administrator shall propose generally applicable drone noise certification standards, not later than the date that is 36 months after the date of enactment of this section, and following notice and comment rulemaking procedures, and shall publish final noise certification standards not later than 24 months after the date on which the period for public comment on such proposed generally applicable noise certification standards ends. (e) Drone defined \nIn this section, the term drone has the meaning given the term unmanned aircraft in section 44801 of title 49, United States Code.", "id": "id38d92e94-db03-4f89-baa0-7ce612fbcdc4", "header": "Environmental Review and Noise Certification", "nested": [ { "text": "(a) National Environmental Policy Act guidance \nNot later than 90 days after the date of enactment of this section, the Administrator shall publish drone-specific environmental review guidance and implementation procedures and thereafter revise such guidance as appropriate to carry out the requirements of this section.", "id": "id6e269ec7-d66b-4ac7-89fa-103a68f4d94c", "header": "National Environmental Policy Act guidance", "nested": [], "links": [] }, { "text": "(b) Programmatic level approach to NEPA review \nNot later than 90 days after the date of enactment of this section, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) (including regulations promulgated to carry out that Act) for the commercial drone industry to create an efficient process for preparing environmental reviews of reasonably foreseeable drone operations across a geographic region, for an individual operator’s network of drone operations within a defined geographic region, and for operations within and over commercial and industrial sites closed or restricted to the public.", "id": "ide7975516-846f-4f44-8272-e1845953f3e6", "header": "Programmatic level approach to NEPA review", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(c) Developing one or more categorical exclusions \nThe Administrator shall engage in ongoing consultations with the Council on Environmental Quality to identify actions that are appropriate for a categorical exclusion and shall incorporate such actions in FAA Order 1050.1F, as amended or revised, from time to time, as, and when, deemed appropriate.", "id": "id33f50c03-c48d-4d23-8164-61f660fb718e", "header": "Developing one or more categorical exclusions", "nested": [], "links": [] }, { "text": "(d) Suspension of noise certification requirement pending standards development \n(1) In general \nUpon the date of enactment of this section, and notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for drone models seeking type and airworthiness certification, and shall not deny, withhold, or delay such certification due to the absence of a noise certification basis under such part, provided the FAA has developed appropriate noise measurement procedures for such drone models and the FAA has received the noise measurement results based on those procedures from the applicant. (2) Duration \nThe suspension provided in this subsection shall continue until such time as the Administrator publishes final noise certification standards for drones as amendments to part 36 of title 14, Code of Federal Regulations, or to another part of title 14 of such Code. (3) Deadline for noise certification standards \nBased on drone noise data the Administrator has received in the process of reviewing applications for type and airworthiness certification, in conducting environmental assessments of proposed drone operations under section 44807 of title 49, United States Code, and part 135 of title 14, Code of Federal Regulations, and from other sources, including standards organizations, the Administrator shall propose generally applicable drone noise certification standards, not later than the date that is 36 months after the date of enactment of this section, and following notice and comment rulemaking procedures, and shall publish final noise certification standards not later than 24 months after the date on which the period for public comment on such proposed generally applicable noise certification standards ends.", "id": "idecefec62-a285-4381-aa29-9d8bb46c8784", "header": "Suspension of noise certification requirement pending standards development", "nested": [], "links": [] }, { "text": "(e) Drone defined \nIn this section, the term drone has the meaning given the term unmanned aircraft in section 44801 of title 49, United States Code.", "id": "idee56c2d7-399c-4e54-8e3b-d52c7463776c", "header": "Drone defined", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "806. Third party service approvals \n(a) Approval process \nNot later than 270 days after the date of enactment of this section, the Administrator shall establish procedures, which may include a rulemaking, to establish a standard approval process for third party service suppliers, including third party service suppliers of UTM, in order to fulfill safety functions for Beyond Visual Line of Sight. (b) Acceptance of standards \nIn establishing the standard approval process required by subsection (a), the Administrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, entitled UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability , are included as an acceptable means of compliance for third party services. (c) UTM approval \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall initiate a process, which may include a rulemaking, to define and implement criteria and conditions for the approval and oversight of third party service suppliers of UTM that could have a direct or indirect impact on air traffic services in the national airspace system and require FAA oversight. (2) Considerations \nIn carrying out the approval process described in paragraph (1) the Administrator shall consider the facilitation and streamlining of processes for global recognition and applicability, including through bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements. (d) Definitions \nIn this section: (1) Third party service supplier \nThe term third party service supplier means an entity other than the UAS operator or the FAA that provides a distributed service that affects the safety or efficiency of the national airspace system, including UAS Service Suppliers (USS), Supplemental Data Service Providers (SDSPs), and infrastructure providers such as ground-based surveillance, command-and-control, and information exchange to another party. (2) UTM \nThe term UTM has the meaning given that term in section 44801 of title 49, United States Code. (3) UAS \nThe term UAS has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.", "id": "idbf92d629-6b40-494b-98cf-61af909d13c9", "header": "Third party service approvals", "nested": [ { "text": "(a) Approval process \nNot later than 270 days after the date of enactment of this section, the Administrator shall establish procedures, which may include a rulemaking, to establish a standard approval process for third party service suppliers, including third party service suppliers of UTM, in order to fulfill safety functions for Beyond Visual Line of Sight.", "id": "id017625b4-14eb-4fad-af14-aba76b96eb25", "header": "Approval process", "nested": [], "links": [] }, { "text": "(b) Acceptance of standards \nIn establishing the standard approval process required by subsection (a), the Administrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, entitled UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability , are included as an acceptable means of compliance for third party services.", "id": "idBD5DE00AC7374F1DB77E91E9E9B72D24", "header": "Acceptance of standards", "nested": [], "links": [] }, { "text": "(c) UTM approval \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Administrator shall initiate a process, which may include a rulemaking, to define and implement criteria and conditions for the approval and oversight of third party service suppliers of UTM that could have a direct or indirect impact on air traffic services in the national airspace system and require FAA oversight. (2) Considerations \nIn carrying out the approval process described in paragraph (1) the Administrator shall consider the facilitation and streamlining of processes for global recognition and applicability, including through bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements.", "id": "id70c31b51-57af-45f1-9e66-9a587db2154b", "header": "UTM approval", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Third party service supplier \nThe term third party service supplier means an entity other than the UAS operator or the FAA that provides a distributed service that affects the safety or efficiency of the national airspace system, including UAS Service Suppliers (USS), Supplemental Data Service Providers (SDSPs), and infrastructure providers such as ground-based surveillance, command-and-control, and information exchange to another party. (2) UTM \nThe term UTM has the meaning given that term in section 44801 of title 49, United States Code. (3) UAS \nThe term UAS has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.", "id": "id22408972-6ae1-48ba-be50-fd55fbe5e650", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "807. Operations over the high seas \n(a) In general \nNot later than 180 days after the date of enactment of this section, and to the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation, the Administrator shall establish and implement an operational approval process to permit small unmanned aircraft systems (as defined in section 44801 of title 49, United States Code), and unmanned aircraft systems (as so defined) with a special airworthiness certificate, to operate over the high seas within flight information regions for which the United States is responsible for operational control. (b) Consultation \nIn establishing and implementing the approval process under subsection (a), the Administrator shall consult with appropriate stakeholders outside of the FAA, including industry stakeholders.", "id": "id45a8ad7e-401d-4c3a-9be9-d706764f5834", "header": "Operations over the high seas", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this section, and to the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation, the Administrator shall establish and implement an operational approval process to permit small unmanned aircraft systems (as defined in section 44801 of title 49, United States Code), and unmanned aircraft systems (as so defined) with a special airworthiness certificate, to operate over the high seas within flight information regions for which the United States is responsible for operational control.", "id": "idfaaed60d-f409-4116-b094-a2fd1ea80f52", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consultation \nIn establishing and implementing the approval process under subsection (a), the Administrator shall consult with appropriate stakeholders outside of the FAA, including industry stakeholders.", "id": "id3bfcee6d-e686-4079-b291-771a6a6293aa", "header": "Consultation", "nested": [], "links": [] } ], "links": [] }, { "text": "808. Extension of the BEYOND program \n(a) In general \nChapter 448 of title 49, United States Code, as amended by section 803(a), is amended by adding at the end the following new section: 44812. BEYOND program \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 803(b), is amended by inserting after the item relating to section 44811 the following: 44812. BEYOND program..", "id": "idfce7fef1-cbd9-4a06-830e-7f4d929b419f", "header": "Extension of the BEYOND program", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by section 803(a), is amended by adding at the end the following new section: 44812. BEYOND program \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program..", "id": "id70cde516-3043-4354-a7d6-3f33ac008cac", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 803(b), is amended by inserting after the item relating to section 44811 the following: 44812. BEYOND program..", "id": "id45833d38-c006-43bc-84aa-325ba9eb0adf", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44812. BEYOND program \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program.", "id": "idb115ac15-ddcc-43bb-ba97-3b527f31c854", "header": "BEYOND program", "nested": [], "links": [] }, { "text": "809. Extension of the Know Before You Fly campaign \nSection 356 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3305) is amended by striking 2019 through 2023 and inserting 2024 through 2028.", "id": "id951ca449-abdb-416b-909f-61c848abcdc9", "header": "Extension of the Know Before You Fly campaign", "nested": [], "links": [ { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "810. Unmanned aircraft system data exchange \n(a) Data exchange plan \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop and submit to the appropriate committees of Congress a plan to make available data that is prudent to ensure the safe integration of unmanned aircraft systems into the national airspace system. Such plan shall include the following: (1) A description of technical efforts to digitize and automate aeronautical information (including through the development and use of an unmanned aircraft systems geospatial information management system) to provide an authoritative source of geospatial information to support the operation of unmanned aircraft systems in the national airspace system. (2) Suggested refinements to standard sets of aeronautical information for current and upcoming unmanned aircraft systems integration efforts to facilitate the exchange of unmanned aircraft systems data that is relevant to the unmanned aircraft systems community. (3) An identification of sensitive flight data that may require information security controls or protection to safeguard the operational security of such flight activity with respect to air navigation services that contain information about sensitive national security or law enforcement flights. (4) Means and service fees for the data to be shared consistent with industry standard geospatial formats. (b) Coordination \nIn developing the plan under subsection (a), the Administrator shall— (1) solicit from the Secretary of the Interior and other departments or agencies, as deemed necessary by the Administrator, information relevant to the safe operation of unmanned aircraft systems in the national airspace system; and (2) coordinate with unmanned aircraft systems industry and technical groups to identify an efficient and effective format, method, and cadence for providing the required data.", "id": "idec3aef2a-0991-41bd-a471-ed226fb0f317", "header": "Unmanned aircraft system data exchange", "nested": [ { "text": "(a) Data exchange plan \nNot later than 180 days after the date of enactment of this section, the Administrator shall develop and submit to the appropriate committees of Congress a plan to make available data that is prudent to ensure the safe integration of unmanned aircraft systems into the national airspace system. Such plan shall include the following: (1) A description of technical efforts to digitize and automate aeronautical information (including through the development and use of an unmanned aircraft systems geospatial information management system) to provide an authoritative source of geospatial information to support the operation of unmanned aircraft systems in the national airspace system. (2) Suggested refinements to standard sets of aeronautical information for current and upcoming unmanned aircraft systems integration efforts to facilitate the exchange of unmanned aircraft systems data that is relevant to the unmanned aircraft systems community. (3) An identification of sensitive flight data that may require information security controls or protection to safeguard the operational security of such flight activity with respect to air navigation services that contain information about sensitive national security or law enforcement flights. (4) Means and service fees for the data to be shared consistent with industry standard geospatial formats.", "id": "ide5c34304-b6b3-4fc6-a00c-c2b322bca89a", "header": "Data exchange plan", "nested": [], "links": [] }, { "text": "(b) Coordination \nIn developing the plan under subsection (a), the Administrator shall— (1) solicit from the Secretary of the Interior and other departments or agencies, as deemed necessary by the Administrator, information relevant to the safe operation of unmanned aircraft systems in the national airspace system; and (2) coordinate with unmanned aircraft systems industry and technical groups to identify an efficient and effective format, method, and cadence for providing the required data.", "id": "idadfb85d3-8264-438e-8cf9-099d65a7eb69", "header": "Coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "811. Unmanned aircraft system detection and mitigation enforcement authority \n(a) In general \nChapter 448 of title 49, United States Code, as amended by sections 803(a) and 808(a), is amended by adding at the end the following: 44813. Unmanned aircraft system detection and mitigation enforcement \n(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028. (b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation. (c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1). (d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by sections 803(b) and 808(b), is amended by inserting after the item relating to section 44812 the following: 44813. Unmanned aircraft system detection and mitigation enforcement..", "id": "id7d46fa05-11a4-44c9-802f-263917bc322d", "header": "Unmanned aircraft system detection and mitigation enforcement authority", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by sections 803(a) and 808(a), is amended by adding at the end the following: 44813. Unmanned aircraft system detection and mitigation enforcement \n(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028. (b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation. (c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1). (d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section..", "id": "ida2c5ffca-98ed-4edd-a06d-785e989fe2a8", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by sections 803(b) and 808(b), is amended by inserting after the item relating to section 44812 the following: 44813. Unmanned aircraft system detection and mitigation enforcement..", "id": "id477d6768-5a5c-43c1-8f52-c12d53bba999", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44813. Unmanned aircraft system detection and mitigation enforcement \n(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028. (b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation. (c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1). (d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.", "id": "id9de014c1-7229-456b-9596-2e0a73521405", "header": "Unmanned aircraft system detection and mitigation enforcement", "nested": [ { "text": "(a) Prohibition \n(1) In general \nNo person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system. (2) Actions by the Administrator \nThe Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1). (3) Termination \nThe prohibition under paragraph (1) shall not apply on or after September 30, 2028.", "id": "id3364fe30-a592-4f17-bfe7-361a0a7327c8", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Penalties \nA person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation.", "id": "id2df5df34-6bcb-4bf2-8844-bc370f182d4b", "header": "Penalties", "nested": [], "links": [] }, { "text": "(c) Rule of construction \nThe term person as used in this section does not include— (1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or (2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1).", "id": "idd454e15e-dc40-4087-b06e-402623772fbb", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(d) Briefing to Congress \nNot later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.", "id": "id60046e2b-f34e-4bf4-b0f9-16e8a7a07cae", "header": "Briefing to Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "812. Recreational operations of drone systems \n(a) In general \nSection 44809 of title 49, United States Code, is amended— (1) in subsection (a) by striking paragraph (6) and inserting the following: (6) In Class G airspace, aircraft flying within the safety programming of a recognized community-based organization can fly from the surface up to controlled airspace. Operators shall maintain visual line of sight of the aircraft and comply with all airspace restrictions and prohibitions. Flights into controlled airspace require specific authorization from the Administrator. ; (2) in subsection (c)— (A) in paragraph (1)— (i) by striking organization conducting a sanctioned event and inserting organization sponsoring operations ; and (ii) by inserting The Administrator shall designate recognized community-based organizations to self-declare FAA-recognized identification areas to sponsored sites that meet criteria developed by the Administrator in coordination with the community-based organization. after facility. ; (B) by redesignating paragraph (2) as paragraph (3); (C) in paragraph (3) (as so redesignated)— (i) in the paragraph heading by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; (ii) in the matter preceding subparagraph (A), by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; and (iii) in subparagraph (B), by inserting or (2) after paragraph (1) ; and (D) by inserting after paragraph (1) the following: (2) Operations in class g airspace \nSubject to compliance with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions— (A) persons operating drones under subsection (a) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace— (i) from the surface up to controlled airspace without prior authorization from the Administrator; and (ii) into controlled airspace with prior authorization from the Administrator. (B) persons operating drones under paragraph (3) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace with prior authorization from the Administrator. ; (3) in subsection (d) by striking the subsection heading and all that follows through Nothing in this subsection and inserting the following: (d) Savings clause \nNothing in this subsection ; (4) in subsection (f)(1) by striking updates to the operational parameters and inserting the operational limitations ; and (5) in subsection (h)— (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) is recognized by the Administrator of the Federal Aviation Administration; ; (C) in paragraph (6), as redesignated by subparagraph (A), by striking and after the semicolon; (D) in paragraph (7), as so redesignated, by striking the period and inserting ; and ; and (E) by adding at the end the following: (8) is a designated Federal Aviation Administration Trust Administrator.. (b) Use of UAS at institutions of higher education \nSection 350 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44809 note) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: (2) operated by an elementary school or secondary school for educational or research purposes; ; and (2) in subsection (d)— (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting an elementary school, or a secondary school, after institution of higher education, ; and (B) by adding at the end the following: (3) Elementary school \nThe term elementary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secondary school \nThe term secondary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )..", "id": "idc9830c33-9bb5-4dfc-b3b4-e52c5d1ef757", "header": "Recreational operations of drone systems", "nested": [ { "text": "(a) In general \nSection 44809 of title 49, United States Code, is amended— (1) in subsection (a) by striking paragraph (6) and inserting the following: (6) In Class G airspace, aircraft flying within the safety programming of a recognized community-based organization can fly from the surface up to controlled airspace. Operators shall maintain visual line of sight of the aircraft and comply with all airspace restrictions and prohibitions. Flights into controlled airspace require specific authorization from the Administrator. ; (2) in subsection (c)— (A) in paragraph (1)— (i) by striking organization conducting a sanctioned event and inserting organization sponsoring operations ; and (ii) by inserting The Administrator shall designate recognized community-based organizations to self-declare FAA-recognized identification areas to sponsored sites that meet criteria developed by the Administrator in coordination with the community-based organization. after facility. ; (B) by redesignating paragraph (2) as paragraph (3); (C) in paragraph (3) (as so redesignated)— (i) in the paragraph heading by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; (ii) in the matter preceding subparagraph (A), by striking weighing more than 55 pounds and inserting weighing 55 pounds or greater ; and (iii) in subparagraph (B), by inserting or (2) after paragraph (1) ; and (D) by inserting after paragraph (1) the following: (2) Operations in class g airspace \nSubject to compliance with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions— (A) persons operating drones under subsection (a) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace— (i) from the surface up to controlled airspace without prior authorization from the Administrator; and (ii) into controlled airspace with prior authorization from the Administrator. (B) persons operating drones under paragraph (3) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace with prior authorization from the Administrator. ; (3) in subsection (d) by striking the subsection heading and all that follows through Nothing in this subsection and inserting the following: (d) Savings clause \nNothing in this subsection ; (4) in subsection (f)(1) by striking updates to the operational parameters and inserting the operational limitations ; and (5) in subsection (h)— (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: (1) is recognized by the Administrator of the Federal Aviation Administration; ; (C) in paragraph (6), as redesignated by subparagraph (A), by striking and after the semicolon; (D) in paragraph (7), as so redesignated, by striking the period and inserting ; and ; and (E) by adding at the end the following: (8) is a designated Federal Aviation Administration Trust Administrator..", "id": "id5ef5d344-ca9a-4418-a4f2-5b86dc300dc5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of UAS at institutions of higher education \nSection 350 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44809 note) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: (2) operated by an elementary school or secondary school for educational or research purposes; ; and (2) in subsection (d)— (A) in paragraph (2), in the matter preceding subparagraph (A), by inserting an elementary school, or a secondary school, after institution of higher education, ; and (B) by adding at the end the following: (3) Elementary school \nThe term elementary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secondary school \nThe term secondary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )..", "id": "id2be53a09-5848-4644-8c62-853afd4291ec", "header": "Use of UAS at institutions of higher education", "nested": [], "links": [ { "text": "49 U.S.C. 44809", "legal-doc": "usc", "parsable-cite": "usc/49/44809" }, { "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" } ] } ], "links": [ { "text": "49 U.S.C. 44809", "legal-doc": "usc", "parsable-cite": "usc/49/44809" }, { "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": "813. UAS test ranges \n(a) In general \nChapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following: 44803. Unmanned aircraft test ranges \n(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2024 , expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2024 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process. (b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision of and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection. (c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; (F) improving privacy protections through the use of advances in unmanned aircraft systems; and (G) conducting counter-UAS testing; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives. (d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section. (e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system. (f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. (g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a). (h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a). (i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a). (j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section, $14,000,000 for each of fiscal years 2024 through 2028. (k) Termination \nThe program under this section shall terminate on September 30, 2028.. (b) Conforming amendment \nSection 44801(10) of title 49, United States Code, is amended by striking any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009 and inserting the test ranges designated by the Administrator under section 44803.", "id": "id20fd79d5-72b0-4404-820c-a6db417caaa5", "header": "UAS test ranges", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following: 44803. Unmanned aircraft test ranges \n(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2024 , expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2024 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process. (b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision of and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection. (c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; (F) improving privacy protections through the use of advances in unmanned aircraft systems; and (G) conducting counter-UAS testing; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives. (d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section. (e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system. (f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. (g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a). (h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a). (i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a). (j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section, $14,000,000 for each of fiscal years 2024 through 2028. (k) Termination \nThe program under this section shall terminate on September 30, 2028..", "id": "idfcdf0e18-5734-49ed-9e8a-4a0d1f5b7508", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(b) Conforming amendment \nSection 44801(10) of title 49, United States Code, is amended by striking any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009 and inserting the test ranges designated by the Administrator under section 44803.", "id": "id61812222-39f6-41b1-911c-44b914de988b", "header": "Conforming amendment", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "44803. Unmanned aircraft test ranges \n(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2024 , expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2024 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process. (b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision of and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection. (c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; (F) improving privacy protections through the use of advances in unmanned aircraft systems; and (G) conducting counter-UAS testing; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives. (d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section. (e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system. (f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety. (g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a). (h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a). (i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a). (j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section, $14,000,000 for each of fiscal years 2024 through 2028. (k) Termination \nThe program under this section shall terminate on September 30, 2028.", "id": "id65072ade-ac89-4448-bd5b-03f331be48cd", "header": "Unmanned aircraft test ranges", "nested": [ { "text": "(a) Test ranges \n(1) In general \nThe Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to— (A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and (B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2024 , expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations \n(A) In general \nSubject to subparagraph (B), the designations of test ranges under this section may include the following: (i) The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section. (ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2024 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process. (B) Limitation \nNot more than 9 test ranges shall be designated under this section at any given time. (3) Eligibility \nAn applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria: (A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity. (B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator. (C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section. (D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States. (E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process.", "id": "id7fddef4b-aff7-4022-b724-e5ee1c9eab8b", "header": "Test ranges", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "(b) Airspace requirements \n(1) In general \nIn carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review \nThe Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), subject to the supervision of and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection. (3) Inactive restricted area \n(A) In general \nIn the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency. (B) Using agency \nFor purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection. (4) Approval authority \nThe Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection.", "id": "idda6ecc3e-35bd-4d25-a894-35461d50c469", "header": "Airspace requirements", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(c) Program requirements \nIn carrying out the program under subsection (a), the Administrator— (1) may develop operational standards and air traffic requirements for flight operations at test ranges; (2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate; (3) shall address both civil and public aircraft operations; (4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system; (5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for— (A) developing and enforcing geographic and altitude limitations; (B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary; (C) developing sense and avoid capabilities; (D) developing technology to support communications, navigation, and surveillance; (E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; (F) improving privacy protections through the use of advances in unmanned aircraft systems; and (G) conducting counter-UAS testing; (6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and (7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives.", "id": "id528b65bb-f4be-45e8-9301-e7ae51576ace", "header": "Program requirements", "nested": [], "links": [] }, { "text": "(d) Exemption \nExcept as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section.", "id": "id78c0672d-a356-4b19-a41c-d34db8435347", "header": "Exemption", "nested": [], "links": [] }, { "text": "(e) Responsibilities of test range sponsors \nThe sponsor of each test range designated by the Administrator under subsection (a) shall do the following: (1) Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (2) Maintain operational control for all testing activities conducted at its respective test range. (3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range. (4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner. (5) Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator. (6) Exercise direct oversight of all operations conducted at the test range. (7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety. (8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range. (9) Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor. (10) Make all original records available for inspection upon request by the Administrator. (11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system.", "id": "id459fd3b3-6107-4def-8a18-74a3a0fcfaf8", "header": "Responsibilities of test range sponsors", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(f) Testing \nThe Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that— (1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and (2) the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety.", "id": "idd1fd9bb7-b259-4771-b781-0143eeb034a3", "header": "Testing", "nested": [], "links": [] }, { "text": "(g) Collaborative research and development agreements \nThe Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a).", "id": "ida19742da-51e2-4a76-99db-96ec83f6e28f", "header": "Collaborative research and development agreements", "nested": [], "links": [] }, { "text": "(h) Use of Center of Excellence for Unmanned Aircraft Systems \nThe Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a).", "id": "idcb5bb07b-c51d-4f6e-b884-b40a1d5e190d", "header": "Use of Center of Excellence for Unmanned Aircraft Systems", "nested": [], "links": [] }, { "text": "(i) Clarification \nNothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as counter-UAS ) at any test range designated under subsection (a).", "id": "id6a5907cc-1274-4db7-8f7a-104cd97ee3a4", "header": "Clarification", "nested": [], "links": [] }, { "text": "(j) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section, $14,000,000 for each of fiscal years 2024 through 2028.", "id": "ide31207130796404f81b034f771cdba0b", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(k) Termination \nThe program under this section shall terminate on September 30, 2028.", "id": "idbcc098f7-8db0-496b-9681-153b27415ae1", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "814. Authority regarding protection of certain facilities and assets from unmanned aircraft \nSection 547 of title V of division F of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) is amended by striking March 8, 2024 and inserting September 30, 2026.", "id": "idda0de368-7fd2-4073-a544-dd0091fb4785", "header": "Authority regarding protection of certain facilities and assets from unmanned aircraft", "nested": [], "links": [ { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "815. Airport safety and airspace hazard mitigation and enforcement \nSection 44810(h) of title 49, United States Code, is amended by striking September 30, 2023 and inserting September 30, 2028.", "id": "id868fd42e-8fe4-40ae-b01d-7d05910fd0df", "header": "Airport safety and airspace hazard mitigation and enforcement", "nested": [], "links": [] }, { "text": "816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems \n(a) In general \nNotwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under other authorities, as applicable. (b) Requirement \nIn implementing the authority in subsection (a), the Secretary shall consider, at a minimum— (1) the safety of the public and users of the national airspace system; (2) efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems and that the carriage of hazardous materials complies with Hazardous Materials Regulations, including any changes to the Hazardous Materials Regulations adopted pursuant to this section; (3) the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the risk associated with differing weights, quantities, and Packing Group classifications of hazardous materials; and (4) mitigations to the risk of the hazardous materials transported, including operational mitigations and aircraft-based mitigations. (c) Safety risk assessments \nThe Secretary shall require unmanned aircraft operators to submit a safety risk assessment (SRA) acceptable by the Administrator. (d) Conformity of hazardous materials regulations \nThe Secretary shall make such changes as necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall be made concurrently with the authority in subsection (a). (e) Stakeholder input on changes to the hazardous materials regulations \nWithin 180 days of the date of enactment of this section, the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section within the Hazardous Materials Regulations and to address any identified changes in risk. (f) Definitions \nIn this section: (1) Hazardous materials \nThe term hazardous materials has the meaning given that term in section 5102 of title 49, United States Code. (2) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.", "id": "id42f10184-66d4-4202-b4a0-9525d957347c", "header": "Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems", "nested": [ { "text": "(a) In general \nNotwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under other authorities, as applicable.", "id": "id2733eed9-dd38-438e-933c-25e11daa186b", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirement \nIn implementing the authority in subsection (a), the Secretary shall consider, at a minimum— (1) the safety of the public and users of the national airspace system; (2) efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems and that the carriage of hazardous materials complies with Hazardous Materials Regulations, including any changes to the Hazardous Materials Regulations adopted pursuant to this section; (3) the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the risk associated with differing weights, quantities, and Packing Group classifications of hazardous materials; and (4) mitigations to the risk of the hazardous materials transported, including operational mitigations and aircraft-based mitigations.", "id": "id337b2c3a-962a-4ede-8934-3a5b6e923e7b", "header": "Requirement", "nested": [], "links": [] }, { "text": "(c) Safety risk assessments \nThe Secretary shall require unmanned aircraft operators to submit a safety risk assessment (SRA) acceptable by the Administrator.", "id": "id436e3301cc404bcf9ed7cb4502312f26", "header": "Safety risk assessments", "nested": [], "links": [] }, { "text": "(d) Conformity of hazardous materials regulations \nThe Secretary shall make such changes as necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall be made concurrently with the authority in subsection (a).", "id": "id0124996c-7c7e-4cbe-97cf-1e582d254445", "header": "Conformity of hazardous materials regulations", "nested": [], "links": [] }, { "text": "(e) Stakeholder input on changes to the hazardous materials regulations \nWithin 180 days of the date of enactment of this section, the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section within the Hazardous Materials Regulations and to address any identified changes in risk.", "id": "id9eff582bbbab4d008cfcfa1efd2f5ee4", "header": "Stakeholder input on changes to the hazardous materials regulations", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Hazardous materials \nThe term hazardous materials has the meaning given that term in section 5102 of title 49, United States Code. (2) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.", "id": "idebc11b4e-d40d-4c75-b84c-41c24244d330", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "817. Stop Illicit Drones \n(a) Definitions \nIn this section: (1) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator deems necessary. (2) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) domiciled in a covered foreign country; (C) subject to influence or control by the government of a covered foreign country; or (D) owned by an entity that is described in subparagraph (A), (B), or (C). (3) Unmanned aircraft system; UAS \nThe terms unmanned aircraft system and UAS have the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code. (b) Prohibition on funding for entities from covered foreign countries for projects related to unmanned aircraft systems \n(1) Aviation Research Grants Program \nNot later than 180 days after the date of enactment of this section, the Administrator shall amend FAA Order 9550.7B, Aviation Research Grants Program (dated November 25, 2014), as well as any corresponding policy or guidance material, to prohibit— (A) any covered foreign entity from receiving aviation research and development grants for any project related to unmanned aircraft systems; and (B) any entity from using such grants to partner with or otherwise transact business relating to covered unmanned aircraft systems with covered foreign entities. (2) Aviation Workforce Development Programs \nSection 625(c) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note), as amended by section 501 of this Act, is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking An application for a grant and inserting Subject to paragraph (4), an application for a grant ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking An application for a grant and inserting Subject to paragraph (4), an application for a grant ; and (C) by adding at the end the following new paragraph: (4) Applications from covered foreign entities \n(A) Prohibition \nBeginning on the date of enactment of this paragraph, an application for a grant under the program established under subsection (a)(1) or (a)(2) may not be submitted for an eligible project related to unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) by— (i) a covered foreign entity; or (ii) an entity that uses or intends to use such grant to benefit a covered foreign entity. (B) Definitions \nFor purposes of this paragraph: (i) Covered foreign country \nThe term covered foreign 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. (V) The Bolivarian Republic of Venezuela. (VI) The Republic of Cuba. (VII) Any other country the Administrator of the Federal Aviation Administration deems necessary. (ii) Covered foreign entity \nThe term covered foreign entity means an entity that is— (I) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (II) domiciled in a covered foreign country; (III) subject to influence or control by the government of a covered foreign country; or (IV) owned by an entity that is described in subclause (I), (II), or (III).. (3) Centers of Excellence \n(A) Community and technical college centers of excellence in small unmanned aircraft system technology training \nSection 631 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (i) in subsection (a), by striking Not later than 180 days and inserting Subject to subsection (f), not later than 180 days ; and (ii) by adding at the end the following new subsection: (f) Prohibition \n(1) In general \nBeginning on the date of enactment of this subsection, the Secretary of Transportation may not designate any covered foreign entity as a Center of Excellence under subsection (a). (2) Definitions \nFor purposes of this subsection: (A) Covered foreign country \nThe term covered foreign 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. (v) The Bolivarian Republic of Venezuela. (vi) The Republic of Cuba. (vii) Any other country the Administrator of the Federal Aviation Administration deems necessary. (B) Covered foreign entity \nThe term covered foreign entity means an entity that is— (i) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (ii) domiciled in a covered foreign country; (iii) subject to influence or control by the government of a covered foreign country; or (iv) owned by an entity that is described in clause (i), (ii), or (iii).. (B) Regional centers of air transportation excellence \nSection 44513 of title 49, United States Code, is amended— (i) in subsection (a), by striking The Administrator and inserting Subject to subsection (i), the Administrator ; and (ii) by adding at the end the following new subsection: (i) Prohibition \n(1) In general \nBeginning on the date of enactment of this subsection, the Administrator may not issue a grant under subsection (a) to a covered foreign entity to establish or operate a regional center of air transportation excellence related to unmanned aircraft systems (as defined in section 44801). (2) Definitions \nFor purposes of this subsection: (A) Covered foreign country \nThe term covered foreign 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. (v) The Bolivarian Republic of Venezuela. (vi) The Republic of Cuba. (vii) Any other country the Administrator deems necessary. (B) Covered foreign entity \nThe term covered foreign entity means an entity that is— (i) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (ii) domiciled in a covered foreign country; (iii) subject to influence or control by the government of a covered foreign country; or (iv) owned by an entity that is described in clause (i), (ii), or (iii).. (4) Other FAA funding \n(A) Facilities, personnel, and research \n(i) In general \nChapter 445 of title 49, United States Code, is amended by adding at the end the following new section: 44520. Prohibition on drone-related funding to covered foreign entities \n(a) In general \nThe Administrator of the Federal Aviation Administration may not issue a grant under this chapter to a covered foreign entity for any project related to unmanned aircraft systems. (b) Definitions \nFor purposes of this section: (1) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator of the Federal Aviation Administration deems necessary. (2) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) domiciled in a covered foreign country; (C) subject to influence or control by the government of a covered foreign country; or (D) owned by an entity that is described in subparagraph (A), (B), or (C). (3) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given that term in section 44801. (c) Effective date \nThe prohibition under subsection (a) shall apply to any grant awarded by the Administrator on or after the date of enactment of this section.. (ii) Clerical amendment \nThe analysis for chapter 445 of such title 49, is amended by inserting after the item relating to section 44519 the following: 44520. Prohibition on drone-related funding to covered foreign entities.. (B) Airport improvement project grant applications \nSection 47105(a) of title 49, United States Code, is amended by adding at the end the following new paragraph: (4) Prohibition \n(A) In general \nThe Secretary of Transportation may not award a grant under this subchapter to a covered foreign entity for any project related to unmanned aircraft systems (as defined in section 44801). (B) Effective date \nThe prohibition under subparagraph (A) shall apply to any grant awarded by the Secretary on or after the date of enactment of this paragraph. (C) Definitions \nFor purposes of this paragraph: (i) Covered foreign country \nThe term covered foreign 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. (V) The Bolivarian Republic of Venezuela. (VI) The Republic of Cuba. (VII) Any other country the Administrator of the Federal Aviation Administration deems necessary. (ii) Covered foreign entity \nThe term covered foreign entity means an entity that is— (I) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (II) domiciled in a covered foreign country; (III) subject to influence or control by the government of a covered foreign country; or (IV) owned by an entity that is described in subclause (I), (II), or (III).. (C) AIP funding eligibility \nSection 44810(e) of title 49, United States Code, is amended— (i) by striking eligibility.—Upon the certification and inserting “ eligibility.— (1) In general \nSubject to paragraph (2), upon the certification ; and (ii) by adding at the end the following new paragraph: (2) Prohibition \n(A) In general \nThe Administrator may not award a grant under paragraph (1) to a covered foreign entity for any project related to unmanned aircraft systems. (B) Effective date \nThe prohibition under subparagraph (A) shall apply to any grant awarded under paragraph (1) on or after the date of enactment of the Stemming The Operation of Pernicious and Illicit Drones Act. (C) Definitions \nFor purposes of this subsection: (i) Covered foreign country \nThe term covered foreign 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. (V) The Bolivarian Republic of Venezuela. (VI) The Republic of Cuba. (VII) Any other country the Administrator deems necessary. (ii) Covered foreign entity \nThe term covered foreign entity means an entity that is— (I) included on the Consolidated Screening List or Entity List maintained by the Under Secretary of Commerce for International Trade; (II) domiciled in a covered foreign country; (III) subject to influence or control by the government of a covered foreign country; or (IV) owned by an entity that is described in subclause (I), (II), or (III).. (c) Prohibition on FAA operation, procurement, or contracting action with respect to covered unmanned aircraft systems \n(1) In general \nChapter 448 of title 49, United States Code, as amended by this Act, is amended by adding at the end the following new section: 44816. Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems \n(a) In general \nSubject to subsection (b), the Administrator shall not— (1) operate a covered unmanned aircraft system; or (2) enter into, extend, or renew a contract— (A) for the procurement of a covered unmanned aircraft system; or (B) with an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of any Federal Aviation Administration contract. (b) Exemption \nThe restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of— (1) detection or counter-UAS system surrogate testing and training (including at Federal Aviation Administration-approved testing sites); (2) intelligence, electronic warfare, and information warfare operations, testing (including at Federal Aviation Administration-approved testing sites), analysis, and training; or (3) research to inform unmanned aircraft system data-driven policy decisions, safety assessments, procedures, rulemaking, and standards to safely integrate emerging entrants into the national airspace system (including at Federal Aviation Administration-approved testing sites). (c) Waiver \nThe Administrator may waive the restrictions under subsection (a) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest. (d) Replacement of covered unmanned aircraft systems \nNot later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Federal Aviation Administration as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code). (e) Report to Congress \nNot later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) a description of the changes the Federal Aviation Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system; (2) the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (d), including— (A) an explanation of the purposes for which such covered unmanned aircraft systems were used; (B) a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and (C) the cost to replace the identified unmanned aircraft systems; and (3) any other information determined appropriate by the Administrator. (f) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Aviation Administration. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. (3) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator deems necessary. (4) Covered unmanned aircraft system \nThe term covered unmanned aircraft system means an unmanned aircraft system that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) produced by an entity domiciled in a covered foreign country; or (C) produced by an entity subject to influence or control by the government of a covered foreign country.. (2) Clerical amendment \nThe analysis for chapter 448 of such title is amended by inserting after the item relating to section 44815 the following: 44816. Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems..", "id": "ida72645d405714961a076e04b418a3b5d", "header": "Stop Illicit Drones", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator deems necessary. (2) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) domiciled in a covered foreign country; (C) subject to influence or control by the government of a covered foreign country; or (D) owned by an entity that is described in subparagraph (A), (B), or (C). (3) Unmanned aircraft system; UAS \nThe terms unmanned aircraft system and UAS have the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.", "id": "idb370718fa77b4b03a772aec9025ee218", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Prohibition on funding for entities from covered foreign countries for projects related to unmanned aircraft systems \n(1) Aviation Research Grants Program \nNot later than 180 days after the date of enactment of this section, the Administrator shall amend FAA Order 9550.7B, Aviation Research Grants Program (dated November 25, 2014), as well as any corresponding policy or guidance material, to prohibit— (A) any covered foreign entity from receiving aviation research and development grants for any project related to unmanned aircraft systems; and (B) any entity from using such grants to partner with or otherwise transact business relating to covered unmanned aircraft systems with covered foreign entities. (2) Aviation Workforce Development Programs \nSection 625(c) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note), as amended by section 501 of this Act, is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking An application for a grant and inserting Subject to paragraph (4), an application for a grant ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking An application for a grant and inserting Subject to paragraph (4), an application for a grant ; and (C) by adding at the end the following new paragraph: (4) Applications from covered foreign entities \n(A) Prohibition \nBeginning on the date of enactment of this paragraph, an application for a grant under the program established under subsection (a)(1) or (a)(2) may not be submitted for an eligible project related to unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) by— (i) a covered foreign entity; or (ii) an entity that uses or intends to use such grant to benefit a covered foreign entity. (B) Definitions \nFor purposes of this paragraph: (i) Covered foreign country \nThe term covered foreign 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. (V) The Bolivarian Republic of Venezuela. (VI) The Republic of Cuba. (VII) Any other country the Administrator of the Federal Aviation Administration deems necessary. (ii) Covered foreign entity \nThe term covered foreign entity means an entity that is— (I) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (II) domiciled in a covered foreign country; (III) subject to influence or control by the government of a covered foreign country; or (IV) owned by an entity that is described in subclause (I), (II), or (III).. (3) Centers of Excellence \n(A) Community and technical college centers of excellence in small unmanned aircraft system technology training \nSection 631 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (i) in subsection (a), by striking Not later than 180 days and inserting Subject to subsection (f), not later than 180 days ; and (ii) by adding at the end the following new subsection: (f) Prohibition \n(1) In general \nBeginning on the date of enactment of this subsection, the Secretary of Transportation may not designate any covered foreign entity as a Center of Excellence under subsection (a). (2) Definitions \nFor purposes of this subsection: (A) Covered foreign country \nThe term covered foreign 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. (v) The Bolivarian Republic of Venezuela. (vi) The Republic of Cuba. (vii) Any other country the Administrator of the Federal Aviation Administration deems necessary. (B) Covered foreign entity \nThe term covered foreign entity means an entity that is— (i) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (ii) domiciled in a covered foreign country; (iii) subject to influence or control by the government of a covered foreign country; or (iv) owned by an entity that is described in clause (i), (ii), or (iii).. (B) Regional centers of air transportation excellence \nSection 44513 of title 49, United States Code, is amended— (i) in subsection (a), by striking The Administrator and inserting Subject to subsection (i), the Administrator ; and (ii) by adding at the end the following new subsection: (i) Prohibition \n(1) In general \nBeginning on the date of enactment of this subsection, the Administrator may not issue a grant under subsection (a) to a covered foreign entity to establish or operate a regional center of air transportation excellence related to unmanned aircraft systems (as defined in section 44801). (2) Definitions \nFor purposes of this subsection: (A) Covered foreign country \nThe term covered foreign 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. (v) The Bolivarian Republic of Venezuela. (vi) The Republic of Cuba. (vii) Any other country the Administrator deems necessary. (B) Covered foreign entity \nThe term covered foreign entity means an entity that is— (i) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (ii) domiciled in a covered foreign country; (iii) subject to influence or control by the government of a covered foreign country; or (iv) owned by an entity that is described in clause (i), (ii), or (iii).. (4) Other FAA funding \n(A) Facilities, personnel, and research \n(i) In general \nChapter 445 of title 49, United States Code, is amended by adding at the end the following new section: 44520. Prohibition on drone-related funding to covered foreign entities \n(a) In general \nThe Administrator of the Federal Aviation Administration may not issue a grant under this chapter to a covered foreign entity for any project related to unmanned aircraft systems. (b) Definitions \nFor purposes of this section: (1) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator of the Federal Aviation Administration deems necessary. (2) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) domiciled in a covered foreign country; (C) subject to influence or control by the government of a covered foreign country; or (D) owned by an entity that is described in subparagraph (A), (B), or (C). (3) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given that term in section 44801. (c) Effective date \nThe prohibition under subsection (a) shall apply to any grant awarded by the Administrator on or after the date of enactment of this section.. (ii) Clerical amendment \nThe analysis for chapter 445 of such title 49, is amended by inserting after the item relating to section 44519 the following: 44520. Prohibition on drone-related funding to covered foreign entities.. (B) Airport improvement project grant applications \nSection 47105(a) of title 49, United States Code, is amended by adding at the end the following new paragraph: (4) Prohibition \n(A) In general \nThe Secretary of Transportation may not award a grant under this subchapter to a covered foreign entity for any project related to unmanned aircraft systems (as defined in section 44801). (B) Effective date \nThe prohibition under subparagraph (A) shall apply to any grant awarded by the Secretary on or after the date of enactment of this paragraph. (C) Definitions \nFor purposes of this paragraph: (i) Covered foreign country \nThe term covered foreign 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. (V) The Bolivarian Republic of Venezuela. (VI) The Republic of Cuba. (VII) Any other country the Administrator of the Federal Aviation Administration deems necessary. (ii) Covered foreign entity \nThe term covered foreign entity means an entity that is— (I) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (II) domiciled in a covered foreign country; (III) subject to influence or control by the government of a covered foreign country; or (IV) owned by an entity that is described in subclause (I), (II), or (III).. (C) AIP funding eligibility \nSection 44810(e) of title 49, United States Code, is amended— (i) by striking eligibility.—Upon the certification and inserting “ eligibility.— (1) In general \nSubject to paragraph (2), upon the certification ; and (ii) by adding at the end the following new paragraph: (2) Prohibition \n(A) In general \nThe Administrator may not award a grant under paragraph (1) to a covered foreign entity for any project related to unmanned aircraft systems. (B) Effective date \nThe prohibition under subparagraph (A) shall apply to any grant awarded under paragraph (1) on or after the date of enactment of the Stemming The Operation of Pernicious and Illicit Drones Act. (C) Definitions \nFor purposes of this subsection: (i) Covered foreign country \nThe term covered foreign 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. (V) The Bolivarian Republic of Venezuela. (VI) The Republic of Cuba. (VII) Any other country the Administrator deems necessary. (ii) Covered foreign entity \nThe term covered foreign entity means an entity that is— (I) included on the Consolidated Screening List or Entity List maintained by the Under Secretary of Commerce for International Trade; (II) domiciled in a covered foreign country; (III) subject to influence or control by the government of a covered foreign country; or (IV) owned by an entity that is described in subclause (I), (II), or (III)..", "id": "id421B48EBB1544FD4A582EA2552D7AF0C", "header": "Prohibition on funding for entities from covered foreign countries for projects related to unmanned aircraft systems", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "Chapter 445", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/445" } ] }, { "text": "(c) Prohibition on FAA operation, procurement, or contracting action with respect to covered unmanned aircraft systems \n(1) In general \nChapter 448 of title 49, United States Code, as amended by this Act, is amended by adding at the end the following new section: 44816. Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems \n(a) In general \nSubject to subsection (b), the Administrator shall not— (1) operate a covered unmanned aircraft system; or (2) enter into, extend, or renew a contract— (A) for the procurement of a covered unmanned aircraft system; or (B) with an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of any Federal Aviation Administration contract. (b) Exemption \nThe restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of— (1) detection or counter-UAS system surrogate testing and training (including at Federal Aviation Administration-approved testing sites); (2) intelligence, electronic warfare, and information warfare operations, testing (including at Federal Aviation Administration-approved testing sites), analysis, and training; or (3) research to inform unmanned aircraft system data-driven policy decisions, safety assessments, procedures, rulemaking, and standards to safely integrate emerging entrants into the national airspace system (including at Federal Aviation Administration-approved testing sites). (c) Waiver \nThe Administrator may waive the restrictions under subsection (a) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest. (d) Replacement of covered unmanned aircraft systems \nNot later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Federal Aviation Administration as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code). (e) Report to Congress \nNot later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) a description of the changes the Federal Aviation Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system; (2) the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (d), including— (A) an explanation of the purposes for which such covered unmanned aircraft systems were used; (B) a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and (C) the cost to replace the identified unmanned aircraft systems; and (3) any other information determined appropriate by the Administrator. (f) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Aviation Administration. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. (3) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator deems necessary. (4) Covered unmanned aircraft system \nThe term covered unmanned aircraft system means an unmanned aircraft system that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) produced by an entity domiciled in a covered foreign country; or (C) produced by an entity subject to influence or control by the government of a covered foreign country.. (2) Clerical amendment \nThe analysis for chapter 448 of such title is amended by inserting after the item relating to section 44815 the following: 44816. Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems..", "id": "id31BCAF5694684518A6309876077788D1", "header": "Prohibition on FAA operation, procurement, or contracting action with respect to covered unmanned aircraft systems", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] } ], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" }, { "text": "Chapter 445", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/445" }, { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44520. Prohibition on drone-related funding to covered foreign entities \n(a) In general \nThe Administrator of the Federal Aviation Administration may not issue a grant under this chapter to a covered foreign entity for any project related to unmanned aircraft systems. (b) Definitions \nFor purposes of this section: (1) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator of the Federal Aviation Administration deems necessary. (2) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) domiciled in a covered foreign country; (C) subject to influence or control by the government of a covered foreign country; or (D) owned by an entity that is described in subparagraph (A), (B), or (C). (3) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given that term in section 44801. (c) Effective date \nThe prohibition under subsection (a) shall apply to any grant awarded by the Administrator on or after the date of enactment of this section.", "id": "id0627A6DAB02E41ACA3268096EC13DC3E", "header": "Prohibition on drone-related funding to covered foreign entities", "nested": [ { "text": "(a) In general \nThe Administrator of the Federal Aviation Administration may not issue a grant under this chapter to a covered foreign entity for any project related to unmanned aircraft systems.", "id": "idE54AA570D848459BB37190BB8AA294A3", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nFor purposes of this section: (1) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator of the Federal Aviation Administration deems necessary. (2) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) domiciled in a covered foreign country; (C) subject to influence or control by the government of a covered foreign country; or (D) owned by an entity that is described in subparagraph (A), (B), or (C). (3) Unmanned aircraft system \nThe term unmanned aircraft system has the meaning given that term in section 44801.", "id": "id1F6FAB63CBAD4D07B9AB6247D393ACF7", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe prohibition under subsection (a) shall apply to any grant awarded by the Administrator on or after the date of enactment of this section.", "id": "idEE3672F456244162809B0BADBAA53902", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "44816. Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems \n(a) In general \nSubject to subsection (b), the Administrator shall not— (1) operate a covered unmanned aircraft system; or (2) enter into, extend, or renew a contract— (A) for the procurement of a covered unmanned aircraft system; or (B) with an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of any Federal Aviation Administration contract. (b) Exemption \nThe restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of— (1) detection or counter-UAS system surrogate testing and training (including at Federal Aviation Administration-approved testing sites); (2) intelligence, electronic warfare, and information warfare operations, testing (including at Federal Aviation Administration-approved testing sites), analysis, and training; or (3) research to inform unmanned aircraft system data-driven policy decisions, safety assessments, procedures, rulemaking, and standards to safely integrate emerging entrants into the national airspace system (including at Federal Aviation Administration-approved testing sites). (c) Waiver \nThe Administrator may waive the restrictions under subsection (a) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest. (d) Replacement of covered unmanned aircraft systems \nNot later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Federal Aviation Administration as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code). (e) Report to Congress \nNot later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) a description of the changes the Federal Aviation Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system; (2) the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (d), including— (A) an explanation of the purposes for which such covered unmanned aircraft systems were used; (B) a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and (C) the cost to replace the identified unmanned aircraft systems; and (3) any other information determined appropriate by the Administrator. (f) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Aviation Administration. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. (3) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator deems necessary. (4) Covered unmanned aircraft system \nThe term covered unmanned aircraft system means an unmanned aircraft system that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) produced by an entity domiciled in a covered foreign country; or (C) produced by an entity subject to influence or control by the government of a covered foreign country.", "id": "id519B0EC190A74853BC338A1D64F32911", "header": "Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems", "nested": [ { "text": "(a) In general \nSubject to subsection (b), the Administrator shall not— (1) operate a covered unmanned aircraft system; or (2) enter into, extend, or renew a contract— (A) for the procurement of a covered unmanned aircraft system; or (B) with an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of any Federal Aviation Administration contract.", "id": "id7e39d48e89a44930b9e4e79dd9c6f1a1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exemption \nThe restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of— (1) detection or counter-UAS system surrogate testing and training (including at Federal Aviation Administration-approved testing sites); (2) intelligence, electronic warfare, and information warfare operations, testing (including at Federal Aviation Administration-approved testing sites), analysis, and training; or (3) research to inform unmanned aircraft system data-driven policy decisions, safety assessments, procedures, rulemaking, and standards to safely integrate emerging entrants into the national airspace system (including at Federal Aviation Administration-approved testing sites).", "id": "idB6EFB1035A3E48C4A5AA651D3AC54132", "header": "Exemption", "nested": [], "links": [] }, { "text": "(c) Waiver \nThe Administrator may waive the restrictions under subsection (a) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest.", "id": "id26CCC86E3B5D42238503289E30241390", "header": "Waiver", "nested": [], "links": [] }, { "text": "(d) Replacement of covered unmanned aircraft systems \nNot later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Federal Aviation Administration as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code).", "id": "id9391062795E748949E5A7B27E0673B8A", "header": "Replacement of covered unmanned aircraft systems", "nested": [], "links": [] }, { "text": "(e) Report to Congress \nNot later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) a description of the changes the Federal Aviation Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system; (2) the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (d), including— (A) an explanation of the purposes for which such covered unmanned aircraft systems were used; (B) a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and (C) the cost to replace the identified unmanned aircraft systems; and (3) any other information determined appropriate by the Administrator.", "id": "id5437D3174A32480494B9362A18BA2D0A", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Federal Aviation Administration. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. (3) Covered foreign country \nThe term covered foreign country means any of the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People's Republic of Korea. (E) The Bolivarian Republic of Venezuela. (F) The Republic of Cuba. (G) Any other country the Administrator deems necessary. (4) Covered unmanned aircraft system \nThe term covered unmanned aircraft system means an unmanned aircraft system that is— (A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade; (B) produced by an entity domiciled in a covered foreign country; or (C) produced by an entity subject to influence or control by the government of a covered foreign country.", "id": "id4E95F58E8E9A476F87A0DB3E30361C88", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "818. Drone infrastructure inspection grants \n(a) Drone infrastructure inspection grant program \n(1) Authority \nThe Secretary shall establish a drone infrastructure inspection grant program to make grants to governmental entities to facilitate the use of eligible small unmanned aircraft systems to increase efficiency, reduce costs, improve worker and community safety, reduce carbon emissions, or meet other priorities (as determined by the Secretary) related to critical infrastructure projects. (2) Use of grant amounts \nA governmental entity may use a grant provided under this subsection to— (A) purchase or lease eligible small unmanned aircraft systems; (B) support operational capabilities of eligible small unmanned aircraft systems by the governmental entity; (C) contract for services performed with an eligible small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under paragraph (1); and (D) support the program management capability of the governmental entity to use an eligible small unmanned aircraft system. (3) Eligibility \nTo be eligible to receive a grant under this subsection, a governmental entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or its contractor will comply with relevant Federal regulations. (4) Selection of applicants \nIn selecting an applicant for a grant under this subsection, the Secretary shall prioritize projects that propose to— (A) carry out a critical infrastructure project in a historically disadvantaged community; or (B) address a safety risk in the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure. (5) Limitation \nNothing in this subsection shall be construed to interfere with an agreement between a governmental entity and a labor union. (6) Report to Congress \nNot later than 1 year after the first grant is provided under this subsection, the Secretary shall submit to the appropriate committees of Congress a report that evaluates the program carried out under this subsection, including— (A) a description of the number of grants awarded; (B) the amount of each grant; (C) the activities funded under this section; and (D) the effectiveness of such funded activities in meeting the objectives described in paragraph (1). (7) Funding \n(A) Federal share \nThe Federal share of the cost of a project carried out using a grant under this subsection shall not be less than 80 percent of the total project cost. (B) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection— (i) $2,000,000 for fiscal year 2024; and (ii) $12,000,000 for each of fiscal years 2025 through 2028. (b) Definitions \nIn this section: (1) Covered foreign entity \nThe term covered foreign entity means an entity— (A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; (B) domiciled in the People’s Republic of China or the Russian Federation; (C) subject to influence or control by the government of the People’s Republic of China or by the Russian Federation; or (D) is a subsidiary or affiliate of an entity described in subparagraphs (A) through (C). (2) Critical infrastructure \nThe term critical infrastructure has the meaning given such term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (3) Critical infrastructure project \nThe term critical infrastructure project means a project for the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure. (4) Educational institution \nThe term educational institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note). (5) Element of critical infrastructure \nThe term element of critical infrastructure means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as defined by the Secretary. (6) Eligible small unmanned aircraft system \nThe term eligible small unmanned aircraft system means a small unmanned aircraft system manufactured or assembled by a company that is domiciled in the United States and is not a covered foreign entity. (7) Governmental entity \nThe term governmental entity means— (A) a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof; (B) a unit of local government; (C) a Tribal Government; (D) a metropolitan planning organization; or (E) a combination of the entities described in subparagraphs (A) through (D). (8) Small unmanned aircraft; unmanned aircraft; unmanned aircraft system \nThe terms small unmanned aircraft , unmanned aircraft , and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.", "id": "H561E5B5489BC4776B087F31C633CC9D7", "header": "Drone infrastructure inspection grants", "nested": [ { "text": "(a) Drone infrastructure inspection grant program \n(1) Authority \nThe Secretary shall establish a drone infrastructure inspection grant program to make grants to governmental entities to facilitate the use of eligible small unmanned aircraft systems to increase efficiency, reduce costs, improve worker and community safety, reduce carbon emissions, or meet other priorities (as determined by the Secretary) related to critical infrastructure projects. (2) Use of grant amounts \nA governmental entity may use a grant provided under this subsection to— (A) purchase or lease eligible small unmanned aircraft systems; (B) support operational capabilities of eligible small unmanned aircraft systems by the governmental entity; (C) contract for services performed with an eligible small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under paragraph (1); and (D) support the program management capability of the governmental entity to use an eligible small unmanned aircraft system. (3) Eligibility \nTo be eligible to receive a grant under this subsection, a governmental entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or its contractor will comply with relevant Federal regulations. (4) Selection of applicants \nIn selecting an applicant for a grant under this subsection, the Secretary shall prioritize projects that propose to— (A) carry out a critical infrastructure project in a historically disadvantaged community; or (B) address a safety risk in the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure. (5) Limitation \nNothing in this subsection shall be construed to interfere with an agreement between a governmental entity and a labor union. (6) Report to Congress \nNot later than 1 year after the first grant is provided under this subsection, the Secretary shall submit to the appropriate committees of Congress a report that evaluates the program carried out under this subsection, including— (A) a description of the number of grants awarded; (B) the amount of each grant; (C) the activities funded under this section; and (D) the effectiveness of such funded activities in meeting the objectives described in paragraph (1). (7) Funding \n(A) Federal share \nThe Federal share of the cost of a project carried out using a grant under this subsection shall not be less than 80 percent of the total project cost. (B) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection— (i) $2,000,000 for fiscal year 2024; and (ii) $12,000,000 for each of fiscal years 2025 through 2028.", "id": "ida90a692fa35c4e3590f3bf26124a7948", "header": "Drone infrastructure inspection grant program", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Covered foreign entity \nThe term covered foreign entity means an entity— (A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; (B) domiciled in the People’s Republic of China or the Russian Federation; (C) subject to influence or control by the government of the People’s Republic of China or by the Russian Federation; or (D) is a subsidiary or affiliate of an entity described in subparagraphs (A) through (C). (2) Critical infrastructure \nThe term critical infrastructure has the meaning given such term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (3) Critical infrastructure project \nThe term critical infrastructure project means a project for the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure. (4) Educational institution \nThe term educational institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note). (5) Element of critical infrastructure \nThe term element of critical infrastructure means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as defined by the Secretary. (6) Eligible small unmanned aircraft system \nThe term eligible small unmanned aircraft system means a small unmanned aircraft system manufactured or assembled by a company that is domiciled in the United States and is not a covered foreign entity. (7) Governmental entity \nThe term governmental entity means— (A) a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof; (B) a unit of local government; (C) a Tribal Government; (D) a metropolitan planning organization; or (E) a combination of the entities described in subparagraphs (A) through (D). (8) Small unmanned aircraft; unmanned aircraft; unmanned aircraft system \nThe terms small unmanned aircraft , unmanned aircraft , and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.", "id": "id1DA13921091E4F868015BC1A1A765396", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 5195c(e)", "legal-doc": "usc", "parsable-cite": "usc/42/5195c" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] } ], "links": [ { "text": "42 U.S.C. 5195c(e)", "legal-doc": "usc", "parsable-cite": "usc/42/5195c" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "819. Unmanned aircraft in the Arctic \n(a) In general \nSection 44804 of title 49, United States Code, is amended— (1) in the section heading, by striking Small unmanned and inserting Unmanned ; and (2) by striking small each place it appears. (b) Conforming amendment \nThe analysis for chapter 448 of such title is amended by striking the item relating to section 44804 and inserting the following: 44804. Unmanned aircraft in the Arctic..", "id": "idea02e331b297457a84577bea9365dacc", "header": "Unmanned aircraft in the Arctic", "nested": [ { "text": "(a) In general \nSection 44804 of title 49, United States Code, is amended— (1) in the section heading, by striking Small unmanned and inserting Unmanned ; and (2) by striking small each place it appears.", "id": "id324cc9363ee545a495b96b1f30f0ab1f", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nThe analysis for chapter 448 of such title is amended by striking the item relating to section 44804 and inserting the following: 44804. Unmanned aircraft in the Arctic..", "id": "id1069646E568A473AA76458A84EB714F4", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "820. Remote identification alternative means of compliance \n(a) Study \nThe Administrator shall review and evaluate the final rule titled Remote Identification of Unmanned Aircraft , issued on January 15, 2021, to determine the feasibility and advisability of whether unmanned aircraft manufacturers and operators can meet the intent of such final rule through alternative means of compliance, including through network–based remote identification. (b) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study under subsection (a).", "id": "id9ed2c565a3c54a39965f160195efa95a", "header": "Remote identification alternative means of compliance", "nested": [ { "text": "(a) Study \nThe Administrator shall review and evaluate the final rule titled Remote Identification of Unmanned Aircraft , issued on January 15, 2021, to determine the feasibility and advisability of whether unmanned aircraft manufacturers and operators can meet the intent of such final rule through alternative means of compliance, including through network–based remote identification.", "id": "id503e559d688549eda0a3ac927a8df270", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study under subsection (a).", "id": "idbcc0852e11754b4f9ed7e4bf1a672810", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "821. Prohibition on operation, procurement, or contracting action of foreign-made unmanned aircraft systems \n(a) In general \nSubject to subsections (b) and (c), the Secretary is prohibited from entering into a contract or awarding a grant for the operation, procurement, or contracting action with respect to any small unmanned aircraft system that is manufactured or assembled by a covered foreign entity. (b) Exemption \nThe restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of— (1) counter-UAS testing, analysis, or training; or (2) aviation safety testing. (c) Waiver \nThe Secretary (or the Secretary's designee) may waive any restrictions under subsection (a) on a case by case basis by certifying, in writing, not later than 15 days after exercising such waiver, to the appropriate committees of Congress that the operation, procurement, or contracting action is required in the national interest of the United States. (d) Replacement of certain unmanned aircraft systems \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall replace any unmanned aircraft system that was manufactured or assembled by a covered foreign entity and that is owned or operated by the Department of Transportation as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code). (2) Funding \nThere is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection. (e) Definitions \nIn this Section: (1) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; (B) doing business as Da Jiang Innovations (also known as DJI ) or any successor company; (C) domiciled in the People’s Republic of China or the Russian Federation; (D) subject to influence or control by the government of the People’s Republic of China or the Russian Federation; or (E) is a subsidiary or affiliate of an entity described in any of subparagraphs (A) through (D). (2) Small unmanned aircraft; unmanned aircraft system \nThe terms small unmanned aircraft and unmanned aircraft system have the meaning given such terms in section 44801 of title 49, United States Code.", "id": "ida11855fc46c84958894281cad1ac51bc", "header": "Prohibition on operation, procurement, or contracting action of foreign-made unmanned aircraft systems", "nested": [ { "text": "(a) In general \nSubject to subsections (b) and (c), the Secretary is prohibited from entering into a contract or awarding a grant for the operation, procurement, or contracting action with respect to any small unmanned aircraft system that is manufactured or assembled by a covered foreign entity.", "id": "id695ebb8af6de44328f75d9731c83b36e", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exemption \nThe restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of— (1) counter-UAS testing, analysis, or training; or (2) aviation safety testing.", "id": "idcdae675841dc4cc5b7838818cf7990b3", "header": "Exemption", "nested": [], "links": [] }, { "text": "(c) Waiver \nThe Secretary (or the Secretary's designee) may waive any restrictions under subsection (a) on a case by case basis by certifying, in writing, not later than 15 days after exercising such waiver, to the appropriate committees of Congress that the operation, procurement, or contracting action is required in the national interest of the United States.", "id": "ideed61c3102de444781a85ca3a72df5a7", "header": "Waiver", "nested": [], "links": [] }, { "text": "(d) Replacement of certain unmanned aircraft systems \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Secretary shall replace any unmanned aircraft system that was manufactured or assembled by a covered foreign entity and that is owned or operated by the Department of Transportation as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code). (2) Funding \nThere is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection.", "id": "id1cb7aec4b5564b168450d89a20a6e092", "header": "Replacement of certain unmanned aircraft systems", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this Section: (1) Covered foreign entity \nThe term covered foreign entity means an entity that is— (A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; (B) doing business as Da Jiang Innovations (also known as DJI ) or any successor company; (C) domiciled in the People’s Republic of China or the Russian Federation; (D) subject to influence or control by the government of the People’s Republic of China or the Russian Federation; or (E) is a subsidiary or affiliate of an entity described in any of subparagraphs (A) through (D). (2) Small unmanned aircraft; unmanned aircraft system \nThe terms small unmanned aircraft and unmanned aircraft system have the meaning given such terms in section 44801 of title 49, United States Code.", "id": "id8600a527326c456284faa442b874732b", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "822. FAA comprehensive plan on UAS automation \n(a) Comprehensive plan \nThe Administrator shall establish a comprehensive plan for unmanned aircraft systems automation. (b) Comprehensive plan contents \nThe comprehensive plan established under subsection (a) shall— (1) identify such FAA processes and regulations that must change to accommodate the increasingly automated role of the remote pilot of unmanned aircraft systems; and (2) include a plan for how the FAA intends to authorize low risk automated operations, such as low altitude operations of small unmanned aircraft systems in close proximity to the ground or structures, to increasingly complex automated operations. (c) Coordination \nIn establishing the comprehensive plan under subsection (a), the Administrator shall consult with— (1) the National Aeronautics and Space Administration; (2) the Department of Defense; (3) manufacturers of autonomous unmanned aircraft systems; (4) operators of autonomous unmanned aircraft systems; and (5) other stakeholders at the discretion of the Administrator that have studied automation in aviation, the human-computer interface, and safety mitigations. (d) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives a report on the plan established under subsection (a). (e) Small unmanned aircraft; unmanned aircraft; unmanned aircraft system \nIn this section, the terms small unmanned aircraft , unmanned aircraft , and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.", "id": "id527335cb500b4d34baf1c9972647d58f", "header": "FAA comprehensive plan on UAS automation", "nested": [ { "text": "(a) Comprehensive plan \nThe Administrator shall establish a comprehensive plan for unmanned aircraft systems automation.", "id": "id790e8b4f78824602a4c94e31febe8766", "header": "Comprehensive plan", "nested": [], "links": [] }, { "text": "(b) Comprehensive plan contents \nThe comprehensive plan established under subsection (a) shall— (1) identify such FAA processes and regulations that must change to accommodate the increasingly automated role of the remote pilot of unmanned aircraft systems; and (2) include a plan for how the FAA intends to authorize low risk automated operations, such as low altitude operations of small unmanned aircraft systems in close proximity to the ground or structures, to increasingly complex automated operations.", "id": "id24bfcdd5e05a49f49a88134e5cce054f", "header": "Comprehensive plan contents", "nested": [], "links": [] }, { "text": "(c) Coordination \nIn establishing the comprehensive plan under subsection (a), the Administrator shall consult with— (1) the National Aeronautics and Space Administration; (2) the Department of Defense; (3) manufacturers of autonomous unmanned aircraft systems; (4) operators of autonomous unmanned aircraft systems; and (5) other stakeholders at the discretion of the Administrator that have studied automation in aviation, the human-computer interface, and safety mitigations.", "id": "ida1a2757817b747be9f35f1c19b9daf0a", "header": "Coordination", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 1 year after the date of enactment of this section, the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives a report on the plan established under subsection (a).", "id": "id6ba6c13e11e9451a953ba14f42d95590", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Small unmanned aircraft; unmanned aircraft; unmanned aircraft system \nIn this section, the terms small unmanned aircraft , unmanned aircraft , and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.", "id": "idb693640bd5af41eea31fef4dcdc10c68", "header": "Small unmanned aircraft; unmanned aircraft; unmanned aircraft system", "nested": [], "links": [] } ], "links": [] }, { "text": "823. Sense of Congress \nIt is the sense of Congress that it is important that the United States maintain global leadership in advanced aviation to maintain and improve national security, safety, sustainability, and economic strength domestically and globally.", "id": "id1996a94f240a4e7da15882c8278c07ea", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "824. Comprehensive unmanned aircraft system integration strategy \n(a) In general \nNot later than 270 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on its national airspace system (NAS) integration strategy for unmanned aircraft systems (as defined in section 44801 of title 49, United States Code), including civil unmanned aircraft systems operating in controlled airspace, that includes the following: (1) The status of the following: (A) Implementation of statutory provisions related to unmanned aircraft system integration in subtitle B of title III of division B of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ). (B) Implementation of statutory provisions related to unmanned aircraft system integration in subtitle A of title VIII of this Act. (C) Actions taken by the FAA to implement recommendations related to NAS integration of unmanned aircraft systems, including civil unmanned aircraft systems operating in controlled airspace, included in aviation rulemaking committee reports published since the enactment of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ). (D) Any other objectives determined appropriate by the Administrator as part of a NAS integration strategy. (2) A description of steps to achieve the strategy as outlined in subsection (a), including milestones and performance metrics to gauge results. (3) The costs of executing the strategy, any resources or investments required to execute the strategy, and any regulatory or policy changes required to execute the strategy. (4) The process for ensuring coordination within the FAA and with relevant interagency stakeholders, as well as for receiving input from private and public sector unmanned aircraft systems stakeholders in the execution of the strategy. (5) A description of steps to achieve strategy objectives, including milestones and performance metrics to gauge results. (b) Congressional briefings \nBeginning 6 months after the date of enactment of this section, and not less than every 12 months thereafter, the Administrator shall provide a briefing for the appropriate Committees of Congress on— (1) the status of implementation of each element specified in subsection (a); and (2) any additional actions taken by the Administrator to integrate unmanned aircraft systems into the NAS. (c) Sunset \nSubsection (b) shall not apply after September 30, 2028.", "id": "id3cb9334b70684f2792d1183e28d58204", "header": "Comprehensive unmanned aircraft system integration strategy", "nested": [ { "text": "(a) In general \nNot later than 270 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on its national airspace system (NAS) integration strategy for unmanned aircraft systems (as defined in section 44801 of title 49, United States Code), including civil unmanned aircraft systems operating in controlled airspace, that includes the following: (1) The status of the following: (A) Implementation of statutory provisions related to unmanned aircraft system integration in subtitle B of title III of division B of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ). (B) Implementation of statutory provisions related to unmanned aircraft system integration in subtitle A of title VIII of this Act. (C) Actions taken by the FAA to implement recommendations related to NAS integration of unmanned aircraft systems, including civil unmanned aircraft systems operating in controlled airspace, included in aviation rulemaking committee reports published since the enactment of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ). (D) Any other objectives determined appropriate by the Administrator as part of a NAS integration strategy. (2) A description of steps to achieve the strategy as outlined in subsection (a), including milestones and performance metrics to gauge results. (3) The costs of executing the strategy, any resources or investments required to execute the strategy, and any regulatory or policy changes required to execute the strategy. (4) The process for ensuring coordination within the FAA and with relevant interagency stakeholders, as well as for receiving input from private and public sector unmanned aircraft systems stakeholders in the execution of the strategy. (5) A description of steps to achieve strategy objectives, including milestones and performance metrics to gauge results.", "id": "idead59c328c284640981d5d0a523c3e0b", "header": "In general", "nested": [], "links": [ { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "(b) Congressional briefings \nBeginning 6 months after the date of enactment of this section, and not less than every 12 months thereafter, the Administrator shall provide a briefing for the appropriate Committees of Congress on— (1) the status of implementation of each element specified in subsection (a); and (2) any additional actions taken by the Administrator to integrate unmanned aircraft systems into the NAS.", "id": "id6399b67303454a289b6bb4fab18fbd4a", "header": "Congressional briefings", "nested": [], "links": [] }, { "text": "(c) Sunset \nSubsection (b) shall not apply after September 30, 2028.", "id": "ide57f78f9b0934840a8aea177bdf5cb24", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" }, { "text": "Public Law 115–254", "legal-doc": "public-law", "parsable-cite": "pl/115/254" } ] }, { "text": "825. Establishment of Associate Administrator of UAS Integration \nSection 106 of title 49, United States Code, as amended by section 801, is amended by adding at the end the following new subsection: (v) Office of the Associate Administrator of UAS Integration \n(1) Establishment \nThere is established in the Federal Aviation Administration the Office of Associate Administrator of UAS Integration (in this subsection referred to as the Office ). (2) Associate Administrator \nThe Office shall be headed by an Associate Administrator, who shall— (A) be appointed by the Administrator, in consultation with the Secretary of Transportation; and (B) report directly to the Administrator. (3) Purposes \nThe purposes of the Office are to— (A) ensure and oversee the safe integration of UASs into the national airspace system; (B) encourage and facilitate a commercially viable UAS industry and the leadership of the United States in UAS; (C) increase overall safety of the transportation system on a mode-neutral basis; (D) promote the global leadership of the United States in advanced aviation; (E) manage the UAS Integration Office; and (F) ensure the safe coexistence of UASs with manned aircraft operating in the national airspace system. (4) Duties \nThe Associate Administrator shall— (A) conduct rulemaking proceedings with respect to UASs; (B) review submissions under the processes established in subparagraphs (C) through (E) of section 44811(c)(2) and, as appropriate, grant certifications and other operational approvals; (C) review, modify, accept, or approve industry-developed standards, means of compliance, and declarations of compliance; (D) consult and coordinate with subject matter experts from all relevant lines of business and staff offices in carrying out the duties described in this paragraph in a timely and efficient manner; (E) hire full time equivalent employees, as appropriate, to build expertise within the Office in assessing new technologies and novel risk mitigations; and (F) engage in any other activities deemed necessary by the Associate Administrator to carry out the purposes described in paragraph (3). (5) Definitions \nIn this subsection: (A) Beyond visual line of sight; BVLOS \nThe terms beyond visual line of sight or BVLOS mean the operation of a UAS beyond the capability of the flightcrew members to see the UAS with vision unaided by any device other than corrective lenses (such as spectacles or contact lenses). (B) UAS \nThe term UAS has the meaning given the term unmanned aircraft system in section 44801..", "id": "id4C10C860BCCE4956846CD48E194631AC", "header": "Establishment of Associate Administrator of UAS Integration", "nested": [], "links": [] }, { "text": "826. Use of modeling and simulation tools in unmanned aircraft test ranges; program extension \nSection 44803(c) of title 49, United States Code, as amended by section 813, is amended— (1) in paragraph (7), by striking the period at the end and inserting ; and ; and (2) by adding at the end the following new paragraph: (8) use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems..", "id": "id817d95c4f044411ca332db82b7fb017f", "header": "Use of modeling and simulation tools in unmanned aircraft test ranges; program extension", "nested": [], "links": [] }, { "text": "831. Sense of Congress on FAA leadership \nIt is the sense of Congress that— (1) the United States should take actions to position itself as a global leader in advanced air mobility; and (2) as such a global leader, the FAA should— (A) prioritize its work on the type certification of aircraft; (B) publish in line with its stated deadlines rulemakings and policy necessary to enable commercial operations, such as the powered-lift Special Federal Aviation Regulation (SFAR); (C) work with global partners to promote acceptance of advanced air mobility products; and (D) leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations.", "id": "id97fc408f-7913-49a0-b804-47437543aef5", "header": "Sense of Congress on FAA leadership", "nested": [], "links": [] }, { "text": "832. Aviation Rulemaking Committee on certification of powered-lift aircraft \n(a) In general \nNot later than 180 days after the date on which the first special class type certificate for powered-lift aircraft is issued, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for the creation of a standard certification pathway for the certification of powered-lift aircraft. (b) Report \n(1) In general \nNot later than 1 year after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee. (2) Considerations \nIn submitting the report under paragraph (1), the Committee shall consider the following: (A) Broad, outcome-driven safety objectives that will spur innovation and technology adoption and promote the development of performance-based regulations. (B) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for powered-lift aircraft. (c) Rulemaking \nNot later than 90 days after the date on which the Committee submits the report to the Administrator under subsection (b), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.", "id": "id53ba380d-7775-4f44-bb00-66ea12d85e00", "header": "Aviation Rulemaking Committee on certification of powered-lift aircraft", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date on which the first special class type certificate for powered-lift aircraft is issued, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for the creation of a standard certification pathway for the certification of powered-lift aircraft.", "id": "id46a7915a-814a-4937-8f0a-2e648f3e6419", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \n(1) In general \nNot later than 1 year after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee. (2) Considerations \nIn submitting the report under paragraph (1), the Committee shall consider the following: (A) Broad, outcome-driven safety objectives that will spur innovation and technology adoption and promote the development of performance-based regulations. (B) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for powered-lift aircraft.", "id": "id456510cd-ab50-48b5-ba89-b6c0959de056", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Rulemaking \nNot later than 90 days after the date on which the Committee submits the report to the Administrator under subsection (b), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.", "id": "idab0e74bb-f775-45c1-87a4-171cb967cb90", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "833. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects \n(a) In general \nIn considering the environmental impacts of a proposed vertiport project on an existing airport, the Administrator shall— (1) apply an applicable categorical exclusion in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations; and (2) after consultation with the Council on Environmental Quality, take steps to establish categorical exclusions for vertiports on an existing airport, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations. (b) Definitions \nIn this section: (1) Advanced air mobility; AAM \nThe terms advanced air mobility and AAM mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. (2) Vertiport \nThe term vertiport means a designated location used or intended to be used to support advanced air mobility (AAM) operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for advanced air mobility (AAM) operations.", "id": "id47119ac2-d4dd-4bf9-81d1-d60a4ba0a510", "header": "Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects", "nested": [ { "text": "(a) In general \nIn considering the environmental impacts of a proposed vertiport project on an existing airport, the Administrator shall— (1) apply an applicable categorical exclusion in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations; and (2) after consultation with the Council on Environmental Quality, take steps to establish categorical exclusions for vertiports on an existing airport, in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and subchapter A of chapter V of title 40, Code of Federal Regulations.", "id": "id5dabf4f4-0981-4ca8-8ea6-a5daba7faf79", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Definitions \nIn this section: (1) Advanced air mobility; AAM \nThe terms advanced air mobility and AAM mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace. (2) Vertiport \nThe term vertiport means a designated location used or intended to be used to support advanced air mobility (AAM) operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for advanced air mobility (AAM) operations.", "id": "id7c87e14f-1206-404c-bb7d-22f250f35f91", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "834. Advanced Air Mobility Working Group amendments \nSection 2(f) of the Advanced Air Mobility Coordination and Leadership Act ( 49 U.S.C. 40101 note) is amended— (1) in paragraph (1), by striking and at the end; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following new paragraph: (2) recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and ; and (4) in paragraph (3), as redesignated by paragraph (2) of this section, by striking paragraph (1) and inserting paragraphs (1) and (2).", "id": "idb5b88a0f-25a2-4a66-a98f-073f30cfdac8", "header": "Advanced Air Mobility Working Group amendments", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "835. Rules for operation of powered-lift aircraft \n(a) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. (b) Rulemaking \nNot later than December 31, 2024, the Administrator shall finalize a Powered-Lift Special Federal Aviation Regulation (SFAR) establishing a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo. (c) Requirements \nWith respect to any aircraft type certificated by the Administrator, the procedure established under subsection (b) shall provide a practical pathway for pilot qualification and operations.", "id": "idb469d8dc-1a5c-4019-a8e6-fde394d6bd5d", "header": "Rules for operation of powered-lift aircraft", "nested": [ { "text": "(a) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight.", "id": "id9432e2c8-5c8c-4f1b-b7ed-eb594a5e7432", "header": "Powered-lift aircraft defined", "nested": [], "links": [] }, { "text": "(b) Rulemaking \nNot later than December 31, 2024, the Administrator shall finalize a Powered-Lift Special Federal Aviation Regulation (SFAR) establishing a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo.", "id": "id5e476fa6-3ded-4da7-9257-94fa706c4d83", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(c) Requirements \nWith respect to any aircraft type certificated by the Administrator, the procedure established under subsection (b) shall provide a practical pathway for pilot qualification and operations.", "id": "id8fef7f8f6eec4dc5bf60518ee9e26cb3", "header": "Requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "836. International coordination on powered-lift aircraft \n(a) Powered-lift aircraft plan \n(1) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall develop a plan to facilitate the ability of the aerospace industry of the United States to efficiently operate powered-lift aircraft and export powered-lift products and articles in key markets globally. (2) Requirements \nThe plan developed under paragraph (1) shall include the following: (A) An assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements so that current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures for powered-lift aircraft, products, and articles. (B) A description of methods to facilitate the efficient global acceptance of the FAA approach to certification of powered-lift aircraft, products, and articles. (C) Any other information determined appropriated by the Administrator. (b) Coordination with civil aviation authorities \nNot later than 90 days after the plan is developed under subsection (a), the Administrator shall coordinate with international civil aviation authorities in countries that have a bilateral safety agreement and implementation procedure with the United States regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles. (c) Establishment of provisions \nNot later than 2 years after the date of enactment of this section, the Administrator shall establish the mutual processes described in subsection (b). (d) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight.", "id": "iddaa3d056-9a0e-4c91-963a-d23ae62075f3", "header": "International coordination on powered-lift aircraft", "nested": [ { "text": "(a) Powered-lift aircraft plan \n(1) In general \nNot later than 90 days after the date of enactment of this section, the Administrator shall develop a plan to facilitate the ability of the aerospace industry of the United States to efficiently operate powered-lift aircraft and export powered-lift products and articles in key markets globally. (2) Requirements \nThe plan developed under paragraph (1) shall include the following: (A) An assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements so that current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures for powered-lift aircraft, products, and articles. (B) A description of methods to facilitate the efficient global acceptance of the FAA approach to certification of powered-lift aircraft, products, and articles. (C) Any other information determined appropriated by the Administrator.", "id": "id20066dac-b462-4805-bb2d-53e34aa3ac7a", "header": "Powered-lift aircraft plan", "nested": [], "links": [] }, { "text": "(b) Coordination with civil aviation authorities \nNot later than 90 days after the plan is developed under subsection (a), the Administrator shall coordinate with international civil aviation authorities in countries that have a bilateral safety agreement and implementation procedure with the United States regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.", "id": "id1ed5ac55-3810-490b-995b-0f9bb3b016f0", "header": "Coordination with civil aviation authorities", "nested": [], "links": [] }, { "text": "(c) Establishment of provisions \nNot later than 2 years after the date of enactment of this section, the Administrator shall establish the mutual processes described in subsection (b).", "id": "id07f8cef9-066a-4c21-85c5-fb77c6e5f2ab", "header": "Establishment of provisions", "nested": [], "links": [] }, { "text": "(d) Powered-lift aircraft defined \nIn this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight.", "id": "idda922c78-a39c-424c-b857-67a93e2a9f93", "header": "Powered-lift aircraft defined", "nested": [], "links": [] } ], "links": [] }, { "text": "837. Advanced air mobility propulsion systems aviation rulemaking committee \n(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for regulations covering, with respect to small and large type certificated aircraft, the certification and installation of— (1) electric engines and propellers; (2) hybrid electric engines and propulsion systems; (3) hydrogen fuel cells; and (4) hydrogen combustion engines or propulsion systems. (b) Considerations \nIn providing the findings and recommendations under subsection (a), the Committee shall consider the following: (1) Broad, outcome-driven safety objectives that will spur innovation and technology adoption, and promote the development of performance-based regulations. (2) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for advanced air mobility engines, propellers, and aircraft. (3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for stand alone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations. (c) Report \nNot later than 2 years after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations described in subsection (a). (d) Briefing \nNot later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding the FAA’s plans in response to the findings and recommendations contained in the report. (e) Safety cooperation \nThe Administrator shall lead efforts to engage with foreign authorities to further harmonize standards for certification and installation of the products described in paragraphs (1) through (4) of subsection (a).", "id": "idf8e4bdf6-52e4-401b-8ff1-ee5f0a524d12", "header": "Advanced air mobility propulsion systems aviation rulemaking committee", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the Committee ) to provide the Administrator with specific findings and recommendations for regulations covering, with respect to small and large type certificated aircraft, the certification and installation of— (1) electric engines and propellers; (2) hybrid electric engines and propulsion systems; (3) hydrogen fuel cells; and (4) hydrogen combustion engines or propulsion systems.", "id": "id8ffaff06-c09c-4736-a881-484f351efd38", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Considerations \nIn providing the findings and recommendations under subsection (a), the Committee shall consider the following: (1) Broad, outcome-driven safety objectives that will spur innovation and technology adoption, and promote the development of performance-based regulations. (2) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for advanced air mobility engines, propellers, and aircraft. (3) The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for stand alone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.", "id": "id9823a7ba-3fed-4398-ad7a-a2c8b643054d", "header": "Considerations", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 2 years after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations described in subsection (a).", "id": "id2b299b2a-4987-43d4-897c-036ae4587f22", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Briefing \nNot later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding the FAA’s plans in response to the findings and recommendations contained in the report.", "id": "ide9921633-eb80-40d1-940b-30c53e0741a3", "header": "Briefing", "nested": [], "links": [] }, { "text": "(e) Safety cooperation \nThe Administrator shall lead efforts to engage with foreign authorities to further harmonize standards for certification and installation of the products described in paragraphs (1) through (4) of subsection (a).", "id": "id96747699-7682-4334-9cb6-ffdea22d2454", "header": "Safety cooperation", "nested": [], "links": [] } ], "links": [] }, { "text": "901. Advanced materials center of excellence enhancements \nSection 44518 of title 49, United States Code, is amended— (1) in subsection (a), by striking under its structure and all that follows through the period and inserting through September 30, 2028, under its structure as in effect on March 1, 2023, which shall focus on applied research and training on the safe use of composites and advanced materials in airframe structures. The Center shall also conduct research and development into aircraft structure crash worthiness and passenger safety, as well as address safe and accessible air travel of individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), including materials required to facilitate safe wheelchair restraint systems on commercial aircraft. The Administrator shall award grants to the Center within 90 days from the date the Grants Officer recommends a proposal for award to the Administrator. ; and (2) by striking subsection (b) and inserting the following: (b) Responsibilities \nThe Center shall— (1) promote and facilitate collaboration among member universities, academia, the Federal Aviation Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders; (2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which should include all structural materials, such as carbon fiber polymers and thermoplastic composites, and structural technologies, such as additive manufacturing, to be used in applications within the commercial aircraft industry, including traditional fixed-wing aircraft, rotorcraft, and emerging aircraft types such as advanced air mobility aircraft; and (3) establish criteria for the safe movement of all passengers, including individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), and individuals using their personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders..", "id": "id307c1442-ca82-4688-ba55-fd90cdb45fe2", "header": "Advanced materials center of excellence enhancements", "nested": [], "links": [] }, { "text": "902. Center of excellence for unmanned aircraft systems \n(a) In general \nChapter 448 of title 49, United States Code, as amended by section 811(a), is amended by inserting after section 44813 the following new section: 44814. Center of Excellence for Unmanned Aircraft Systems \n(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.. (b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 811(b), is amended by inserting after the item relating to section 44813 the following: 44814. Center of Excellence for Unmanned Aircraft Systems..", "id": "id0a01c4b4-23e1-4429-bb5f-9ca39d692ced", "header": "Center of excellence for unmanned aircraft systems", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by section 811(a), is amended by inserting after section 44813 the following new section: 44814. Center of Excellence for Unmanned Aircraft Systems \n(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators..", "id": "iddf2a8094-4496-4504-a38d-e8c75724aefc", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of title 49, United States Code, as amended by section 811(b), is amended by inserting after the item relating to section 44813 the following: 44814. Center of Excellence for Unmanned Aircraft Systems..", "id": "id602416f8-6b27-42e8-b3a2-960cc25eb8a7", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" }, { "text": "chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44814. Center of Excellence for Unmanned Aircraft Systems \n(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.", "id": "id92f3d05c-061c-44b4-be7e-f8311d38e2fa", "header": "Center of Excellence for Unmanned Aircraft Systems", "nested": [ { "text": "(a) In general \nDuring the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the Center ) under the structure of the Center as in effect on January 1, 2023.", "id": "idd5bcc6f1-a2cf-4fe7-92b4-9c6e5e5743ec", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Center shall carry out the following responsibilities: (1) Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (2) Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system. (3) Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.", "id": "id8e7d2e8e-501d-4138-aed9-1280befba40f", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Program participation \nThe Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.", "id": "id4e30ce05-50a1-45e3-9938-bdad78049be7", "header": "Program participation", "nested": [], "links": [] } ], "links": [] }, { "text": "903. ASSUREd safe credentialing authority \n(a) In general \nChapter 448 of title 49, United States Code, as amended by section 902(a), is amended by inserting after section 44814 the following new section: 44815. ASSUREd Safe credentialing authority \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University. (b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.. (b) Clerical amendment \nThe analysis for chapter 448 of such title, as amended by section 902(b), is amended by inserting after the item relating to section 44814 the following: 44815. ASSUREd Safe Credentialing Authority..", "id": "idf033918a-1840-4943-9e60-0babb9cea856", "header": "ASSUREd safe credentialing authority", "nested": [ { "text": "(a) In general \nChapter 448 of title 49, United States Code, as amended by section 902(a), is amended by inserting after section 44814 the following new section: 44815. ASSUREd Safe credentialing authority \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University. (b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration..", "id": "id819b1ece-7cde-4192-bd63-95c919e8bfc2", "header": "In general", "nested": [], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 448 of such title, as amended by section 902(b), is amended by inserting after the item relating to section 44814 the following: 44815. ASSUREd Safe Credentialing Authority..", "id": "idabe9f712-563b-4857-8275-954bf72a9594", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 448", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/448" } ] }, { "text": "44815. ASSUREd Safe credentialing authority \n(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University. (b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.", "id": "id9aacf9f3-792e-4116-8bf7-cb3302fda0e4", "header": "ASSUREd Safe credentialing authority", "nested": [ { "text": "(a) In general \nNot later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe ) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University.", "id": "idd63bff9a-7e6c-4607-99fa-8d79d651d880", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Purposes \nThe ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including— (1) online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations; (2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and (3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.", "id": "id51b60ff4-e384-48d5-957e-900eda68f429", "header": "Purposes", "nested": [], "links": [] } ], "links": [] }, { "text": "904. FAA and NASA advanced aviation technologies pilot program \n(a) Pilot program \n(1) Establishment \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as the NASA Administrator ), shall establish a pilot program to facilitate the appointment of individuals from NASA to the FAA to serve in temporary technical discipline expert positions relating to advanced aviation technologies (in this section referred to as the program ). (2) Considerations \nIn developing the program, the Administrator shall consider— (A) existing mechanisms of collaboration between FAA and NASA relating to aeronautics programs, advisory committees, and work groups; (B) the degree to which FAA and NASA facilitate partnerships between subject matter experts to support the research and development, testing, and certification of advanced aviation technologies; and (C) how temporary appointments under the program may be best used to enhance the technical capacity of the FAA and technical partnerships between agencies. (b) Temporary appointment of NASA personnel \n(1) Terms and conditions \nThe Administrator, in coordination with the NASA Administrator, shall identify qualifying projects or activities at the FAA that would benefit from temporary appointments of highly qualified, experienced professionals under the program to enhance technical capacity, knowledge, skills, and abilities relating to research and development, certification, and the safe deployment of advanced aviation technologies. The Administrator and NASA Administrator shall jointly establish the terms and conditions of service under the program and issue relevant guidelines related to the responsibilities and duration of service of participating NASA personnel. In approving NASA personnel for participation in the program, the NASA Administrator shall certify that the temporary appointment of such personnel shall not have an adverse impact on the post-assignment employment duties of relevant NASA personnel or an undue adverse impact on the mission of the agency. (2) Special rules \nThe Administrator shall make clear that any responsibilities of NASA personnel participating in the program constitute serving in temporary technical discipline expert positions at the FAA and are subject to FAA conflict-of-interest policies and supervision. (3) Rules for pay and benefits for NASA personnel \nAny individuals employed by NASA who are participating in the program shall continue to receive pay and benefits from NASA and shall not receive pay or benefits from the FAA for the duration of the program. (c) Authority to transfer and receive resources \nIn supporting the participation of NASA personnel, the Administrator and NASA Administrator may authorize the use of NASA technical services, equipment, software, and facilities without reimbursement to facilitate cooperation between agencies under the program. (d) Program review and report \n(1) Review \nThe Comptroller General shall conduct a comprehensive review of the program that includes evaluation of the impact of the program on improving coordination on projects and sharing of technical expertise between agencies relating to advanced aviation technologies. (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), along with recommendations for such future action as the Comptroller General determines appropriate.", "id": "idba0c7f2d-2bd0-4bf6-bf5b-19e265ad6bea", "header": "FAA and NASA advanced aviation technologies pilot program", "nested": [ { "text": "(a) Pilot program \n(1) Establishment \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as the NASA Administrator ), shall establish a pilot program to facilitate the appointment of individuals from NASA to the FAA to serve in temporary technical discipline expert positions relating to advanced aviation technologies (in this section referred to as the program ). (2) Considerations \nIn developing the program, the Administrator shall consider— (A) existing mechanisms of collaboration between FAA and NASA relating to aeronautics programs, advisory committees, and work groups; (B) the degree to which FAA and NASA facilitate partnerships between subject matter experts to support the research and development, testing, and certification of advanced aviation technologies; and (C) how temporary appointments under the program may be best used to enhance the technical capacity of the FAA and technical partnerships between agencies.", "id": "id75bfac8f-2680-4719-a3a8-4b593269435d", "header": "Pilot program", "nested": [], "links": [] }, { "text": "(b) Temporary appointment of NASA personnel \n(1) Terms and conditions \nThe Administrator, in coordination with the NASA Administrator, shall identify qualifying projects or activities at the FAA that would benefit from temporary appointments of highly qualified, experienced professionals under the program to enhance technical capacity, knowledge, skills, and abilities relating to research and development, certification, and the safe deployment of advanced aviation technologies. The Administrator and NASA Administrator shall jointly establish the terms and conditions of service under the program and issue relevant guidelines related to the responsibilities and duration of service of participating NASA personnel. In approving NASA personnel for participation in the program, the NASA Administrator shall certify that the temporary appointment of such personnel shall not have an adverse impact on the post-assignment employment duties of relevant NASA personnel or an undue adverse impact on the mission of the agency. (2) Special rules \nThe Administrator shall make clear that any responsibilities of NASA personnel participating in the program constitute serving in temporary technical discipline expert positions at the FAA and are subject to FAA conflict-of-interest policies and supervision. (3) Rules for pay and benefits for NASA personnel \nAny individuals employed by NASA who are participating in the program shall continue to receive pay and benefits from NASA and shall not receive pay or benefits from the FAA for the duration of the program.", "id": "id054e0d68-46f2-4dbd-9d0f-4c49e5280e3d", "header": "Temporary appointment of NASA personnel", "nested": [], "links": [] }, { "text": "(c) Authority to transfer and receive resources \nIn supporting the participation of NASA personnel, the Administrator and NASA Administrator may authorize the use of NASA technical services, equipment, software, and facilities without reimbursement to facilitate cooperation between agencies under the program.", "id": "id3dfe580c-f714-452d-a6b4-2b90e919fbd3", "header": "Authority to transfer and receive resources", "nested": [], "links": [] }, { "text": "(d) Program review and report \n(1) Review \nThe Comptroller General shall conduct a comprehensive review of the program that includes evaluation of the impact of the program on improving coordination on projects and sharing of technical expertise between agencies relating to advanced aviation technologies. (2) Report \nNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), along with recommendations for such future action as the Comptroller General determines appropriate.", "id": "idd7b955e7-a588-4f96-9637-3e92287f64f7", "header": "Program review and report", "nested": [], "links": [] } ], "links": [] }, { "text": "905. Advancing global leadership on civil supersonic aircraft \nSection 181 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a), by striking regulations, and standards and inserting regulations, standards, and recommended practices ; and (2) by adding at the end the following new subsection: (g) Additional reports \n(1) Initial progress report \nNot later than 1 year after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report describing— (A) the progress of the actions described in subsection (d)(1); (B) any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including those identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and (C) any other information determined appropriate by the Administrator. (2) Subsequent report \nNot later than 2 years after the date on which the Administrator submits the initial progress report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress an updated report on the progress of the actions described in paragraph (1)..", "id": "idf4400bfb-945e-4b1b-9e3d-fd93696d85ba", "header": "Advancing global leadership on civil supersonic aircraft", "nested": [], "links": [ { "text": "49 U.S.C. 40101", "legal-doc": "usc", "parsable-cite": "usc/49/40101" } ] }, { "text": "906. CLEEN engine and airframe technology partnership \nSection 47511 of title 49, United States Code, is amended— (1) in subsection (a), by striking subsonic after fuels for civil ; and (2) by adding at the end the following: (d) Selection \nIn carrying out the program, the Administrator may ensure that not less than 2 of the cooperative agreements entered into under this section involve the participation of an entity that is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )), provided that the entity’s submitted technology proposal meets requisite technology readiness levels for entry into the agreement as determined by the Administrator..", "id": "idc83bd4bb-bed8-45b6-af24-6ae57380b28c", "header": "CLEEN engine and airframe technology partnership", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "907. Hypersonic and Supersonic flight testing \n(a) In general \nNot later than 1 year (Supersonic) and 2 years (Hypersonic) after the date of enactment of this section, the Administrator shall establish procedures for permitting manned flights in oceanic airspace and overland flights operating with speeds in excess of Mach 1 (Supersonic Flight) including Mach 5 (Hypersonic) and above for the purposes of developmental and airworthiness testing (including demonstration flights in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system). (b) Considerations \nIn carrying out subsection (a), the Administrator shall consider— (1) the provisions of parts 91.817 and 91.818 of title 14, Code of Federal Regulations; (2) applications for special flight authorizations for flights operating with speeds in excess of Mach 1 (Supersonic) or Mach 5 (Hypersonic), as described in such part 91.818; (3) the environmental impacts of developmental and airworthiness testing operations; (4) whether to require applicants to include specification of proposed flight areas; (5) the authorization of flights to and from spaceports and airports in Class D airspace within 10 nautical miles of oceanic coastline; (6) developing the vertical limits at or above the altitude necessary for safe supersonic and hypersonic operations; (7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressure; and (8) the safety of the uninvolved public.", "id": "id7A8D2CF5C89F4F5F8770E35F2101A44C", "header": "Hypersonic and Supersonic flight testing", "nested": [ { "text": "(a) In general \nNot later than 1 year (Supersonic) and 2 years (Hypersonic) after the date of enactment of this section, the Administrator shall establish procedures for permitting manned flights in oceanic airspace and overland flights operating with speeds in excess of Mach 1 (Supersonic Flight) including Mach 5 (Hypersonic) and above for the purposes of developmental and airworthiness testing (including demonstration flights in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system).", "id": "id1CC9AAE31797478BB4FF7912497A2283", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Considerations \nIn carrying out subsection (a), the Administrator shall consider— (1) the provisions of parts 91.817 and 91.818 of title 14, Code of Federal Regulations; (2) applications for special flight authorizations for flights operating with speeds in excess of Mach 1 (Supersonic) or Mach 5 (Hypersonic), as described in such part 91.818; (3) the environmental impacts of developmental and airworthiness testing operations; (4) whether to require applicants to include specification of proposed flight areas; (5) the authorization of flights to and from spaceports and airports in Class D airspace within 10 nautical miles of oceanic coastline; (6) developing the vertical limits at or above the altitude necessary for safe supersonic and hypersonic operations; (7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressure; and (8) the safety of the uninvolved public.", "id": "id337c405e-339c-4845-ac7d-8117f0e25066", "header": "Considerations", "nested": [], "links": [] } ], "links": [] }, { "text": "908. Hypersonic pathway to integration study \n(a) Study \n(1) In general \nThe Administrator shall conduct a study assessing actions necessary to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system. (2) Contents \nThe study conducted under paragraph (1) shall include, at a minimum— (A) an initial assessment of cross-agency equities related to hypersonic aircraft technologies and flight; (B) the identification, development, and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of hypersonic aircraft; (C) the development of a framework and timeline to establish the appropriate regulatory requirements for conducting hypersonic aircraft flights; (D) strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct hypersonic aircraft flights; and (E) a survey of global hypersonic aircraft-related regulatory and testing developments or activities. (3) Considerations \nIn conducting the study under paragraph (1), the Administrator may consider— (A) the feedback and technical expertise of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe operation and integration of hypersonic aircraft into the national airspace system; (B) opportunities for— (i) demonstrating United States global leadership in aeronautics, including hypersonic aircraft and related technologies; and (ii) strengthening global harmonization in aeronautics; and (C) the development of international policies, regulations, and standards relating to the certification and safe operation of hypersonic aircraft. (4) Consultation \nIn conducting the study under paragraph (1), the Administrator shall consult with representatives from Federal agencies, industry, and other stakeholders, including— (A) the National Aeronautics and Space Administration; (B) the Department of Defense; (C) aircraft manufacturers; (D) institutions of higher education; and (E) any other stakeholders the Administrator determines appropriate. (b) Report \nNot later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system. (c) Definition of hypersonic \nIn this section, the term hypersonic means an aircraft or flight operating at speeds in excess of Mach 5 and above.", "id": "id445fc393-6008-4a51-8650-3376a8a58167", "header": "Hypersonic pathway to integration study", "nested": [ { "text": "(a) Study \n(1) In general \nThe Administrator shall conduct a study assessing actions necessary to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system. (2) Contents \nThe study conducted under paragraph (1) shall include, at a minimum— (A) an initial assessment of cross-agency equities related to hypersonic aircraft technologies and flight; (B) the identification, development, and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of hypersonic aircraft; (C) the development of a framework and timeline to establish the appropriate regulatory requirements for conducting hypersonic aircraft flights; (D) strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct hypersonic aircraft flights; and (E) a survey of global hypersonic aircraft-related regulatory and testing developments or activities. (3) Considerations \nIn conducting the study under paragraph (1), the Administrator may consider— (A) the feedback and technical expertise of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe operation and integration of hypersonic aircraft into the national airspace system; (B) opportunities for— (i) demonstrating United States global leadership in aeronautics, including hypersonic aircraft and related technologies; and (ii) strengthening global harmonization in aeronautics; and (C) the development of international policies, regulations, and standards relating to the certification and safe operation of hypersonic aircraft. (4) Consultation \nIn conducting the study under paragraph (1), the Administrator shall consult with representatives from Federal agencies, industry, and other stakeholders, including— (A) the National Aeronautics and Space Administration; (B) the Department of Defense; (C) aircraft manufacturers; (D) institutions of higher education; and (E) any other stakeholders the Administrator determines appropriate.", "id": "id896dec03-ed19-4735-9283-75ad905df6ee", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system.", "id": "iddc1f50a1-c177-48dd-8ab2-2e960abe127f", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Definition of hypersonic \nIn this section, the term hypersonic means an aircraft or flight operating at speeds in excess of Mach 5 and above.", "id": "id89ca3600-cdc1-403d-baae-a5f1500b4b94", "header": "Definition of hypersonic", "nested": [], "links": [] } ], "links": [] }, { "text": "909. Operating high-speed flights in high altitude Class E airspace \n(a) Consultation \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify the minimum altitude above the upper boundary of Class A airspace at or above which flights operating with speeds above Mach 1 generate sonic booms that do not produce appreciable sonic boom overpressures at the surface under prevailing atmospheric conditions. (b) Consultation \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Environmental Protection Agency and other stakeholders, shall assess and report on a means for supporting continued compliance with the National Environmental Protection Act (NEPA). The Administrator shall enter into an agreement with an appropriate Federally-funded research and development center, or other independent nonprofit organization that recommends long term solutions for maintaining NEPA compliance for 1 or more over-land or near-land hypersonic and supersonic test areas that will be established. (c) Rulemaking \nNot later than 2 years after the date on which the Administrator identifies the minimum altitude described in subsection (a), the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under subsection (a) without specific authorization, provided that such flight operations— (1) show compliance with airworthiness requirements; (2) do not cause a measurable sonic boom overpressure to reach the surface; (3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace; and (4) comply with applicable environmental requirements.", "id": "id8248f2fc-7fb6-4a94-a03c-378c83552b42", "header": "Operating high-speed flights in high altitude Class E airspace", "nested": [ { "text": "(a) Consultation \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify the minimum altitude above the upper boundary of Class A airspace at or above which flights operating with speeds above Mach 1 generate sonic booms that do not produce appreciable sonic boom overpressures at the surface under prevailing atmospheric conditions.", "id": "id80db9d03-551f-46e2-a873-6cb822ea096f", "header": "Consultation", "nested": [], "links": [] }, { "text": "(b) Consultation \nNot later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Environmental Protection Agency and other stakeholders, shall assess and report on a means for supporting continued compliance with the National Environmental Protection Act (NEPA). The Administrator shall enter into an agreement with an appropriate Federally-funded research and development center, or other independent nonprofit organization that recommends long term solutions for maintaining NEPA compliance for 1 or more over-land or near-land hypersonic and supersonic test areas that will be established.", "id": "idac15bdbfcbf7432b8e52e45545238fe8", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Rulemaking \nNot later than 2 years after the date on which the Administrator identifies the minimum altitude described in subsection (a), the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under subsection (a) without specific authorization, provided that such flight operations— (1) show compliance with airworthiness requirements; (2) do not cause a measurable sonic boom overpressure to reach the surface; (3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace; and (4) comply with applicable environmental requirements.", "id": "id38f98fba-52ff-49af-a3d1-206ce2de165b", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "910. Electric propulsion aircraft operations study \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Comptroller General shall initiate a study assessing the safe and scalable operation and integration of electric aircraft into the national airspace system. (b) Contents \nThe study required under subsection (a) shall address— (1) the technical capacity and competencies needed for the FAA to certify aircraft systems specific to electric aircraft; (2) the data development and collection required to develop standards specific to electric aircraft; (3) the regulatory standards and guidance material needed to facilitate the safe operation of electric aircraft, including— (A) fire protection; (B) high voltage electromagnetic environments; (C) engine and human machine interfaces; (D) reliability of high voltage components and insulation; (E) lithium batteries for propulsion use; (F) operating and pilot qualifications; and (G) airspace integration; (4) the airport infrastructure requirements to support electric aircraft operations, including an assessment of— (A) existing capabilities of airport infrastructure as of the date of enactment of this section; (B) aircraft operations specifications; (C) projected operations demand by carriers and other operators; (D) potential modifications to existing airport infrastructure; (E) additional investments in new infrastructure and systems required to meet operations demand; and (F) management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; and (5) varying types of electric aircraft, including advanced air mobility aircraft and small or regional passenger or cargo aircraft. (c) Considerations \nIn conducting the study under subsection (a), the Comptroller General may consider the following: (1) The potential for improvements to air service connectivity for communities through the deployment of electric aircraft operations, including by— (A) establishing routes to small and rural communities; and (B) introducing alternative modes of transportation for multimodal operations within communities. (2) Impacts to airport-adjacent communities, including implications due to changes in airspace utilization and land use compatibility. (d) Report to Congress \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (e) Definitions \nIn this section: (1) Electric aircraft \nThe term electric aircraft means an aircraft with a fully electric or hybrid electric driven propulsion system used for flight. (2) Advanced air mobility \nThe term advanced air mobility means a transportation system that transports passengers and cargo by air between two points in the United States using aircraft with advanced technologies, including aircraft with hybrid or electric vertical take-off and landing capabilities, in both controlled and uncontrolled airspace.", "id": "idb7cbbaab-4f8d-4bac-b309-7aac677a27b5", "header": "Electric propulsion aircraft operations study", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Comptroller General shall initiate a study assessing the safe and scalable operation and integration of electric aircraft into the national airspace system.", "id": "id498cf9fb-f8d8-447b-9826-594895c4bb07", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe study required under subsection (a) shall address— (1) the technical capacity and competencies needed for the FAA to certify aircraft systems specific to electric aircraft; (2) the data development and collection required to develop standards specific to electric aircraft; (3) the regulatory standards and guidance material needed to facilitate the safe operation of electric aircraft, including— (A) fire protection; (B) high voltage electromagnetic environments; (C) engine and human machine interfaces; (D) reliability of high voltage components and insulation; (E) lithium batteries for propulsion use; (F) operating and pilot qualifications; and (G) airspace integration; (4) the airport infrastructure requirements to support electric aircraft operations, including an assessment of— (A) existing capabilities of airport infrastructure as of the date of enactment of this section; (B) aircraft operations specifications; (C) projected operations demand by carriers and other operators; (D) potential modifications to existing airport infrastructure; (E) additional investments in new infrastructure and systems required to meet operations demand; and (F) management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; and (5) varying types of electric aircraft, including advanced air mobility aircraft and small or regional passenger or cargo aircraft.", "id": "iddab5602c-c743-4046-a615-9aedb2c84dca", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Considerations \nIn conducting the study under subsection (a), the Comptroller General may consider the following: (1) The potential for improvements to air service connectivity for communities through the deployment of electric aircraft operations, including by— (A) establishing routes to small and rural communities; and (B) introducing alternative modes of transportation for multimodal operations within communities. (2) Impacts to airport-adjacent communities, including implications due to changes in airspace utilization and land use compatibility.", "id": "idb658d4b3-050a-4240-83dc-8eaaa0c57e13", "header": "Considerations", "nested": [], "links": [] }, { "text": "(d) Report to Congress \nNot later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.", "id": "id9b24a65a-0b29-460f-a780-f08851cd8c31", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Electric aircraft \nThe term electric aircraft means an aircraft with a fully electric or hybrid electric driven propulsion system used for flight. (2) Advanced air mobility \nThe term advanced air mobility means a transportation system that transports passengers and cargo by air between two points in the United States using aircraft with advanced technologies, including aircraft with hybrid or electric vertical take-off and landing capabilities, in both controlled and uncontrolled airspace.", "id": "id48330372-99fc-477e-a040-1628fddd222a", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "911. Contract weather observers program \nSection 2306 of the FAA Extension, Safety, and Security Act of 2016 ( Public Law 114–190 ; 130 Stat. 641) is amended by striking subsection (b) and inserting the following: (b) Continued use of contract weather observers \nThe Administrator may not discontinue or diminish the contract weather observer program at any airport until September 30, 2028..", "id": "ida411cc22-3c09-4b67-b82e-228f02899014", "header": "Contract weather observers program", "nested": [], "links": [ { "text": "Public Law 114–190", "legal-doc": "public-law", "parsable-cite": "pl/114/190" } ] }, { "text": "912. Airfield pavement technology program \nUsing amounts made available under section 48102(a) of title 49, United States Code, the Secretary may carry out a program for the research and development of airfield pavement technologies under which the Secretary makes grants to, and enters into cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) and nonprofit organizations that— (1) research concrete and asphalt pavement technologies that extend the life of airfield pavements; (2) develop sustainability and resiliency guidelines to improve long-term pavement performance; (3) develop and conduct training with respect to such airfield pavement technologies; (4) provide for demonstration projects of such airfield pavement technologies; and (5) promote the latest airfield pavement technologies to aid the development of safer, more cost effective, and more resilient and sustainable airfield pavements.", "id": "id80a950c4-5717-4523-b242-a8c51c12707f", "header": "Airfield pavement technology program", "nested": [], "links": [ { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "913. National aviation research plan modification \n(a) Modification of submission deadline \nSection 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission. (b) Conforming amendment \nSection 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission.", "id": "id542767da-ad68-4ea9-b826-0e3f1831d10a", "header": "National aviation research plan modification", "nested": [ { "text": "(a) Modification of submission deadline \nSection 44501(c)(1) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission.", "id": "id65e20043-53dd-4ff5-86db-35eb79ec48b7", "header": "Modification of submission deadline", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 48102(g) of title 49, United States Code, is amended by striking the date of submission and inserting the date that is 45 days after the date of submission.", "id": "id3d432e8f-05d1-492b-aee9-39e24ba38eaf", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "914. FAA and NASA research and development coordination review \n(a) Review \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as NASA ) shall conduct a review of aeronautics research and development coordination between Federal agencies and the extent to which NASA and the FAA can improve collaboration in order to leverage each other’s subject matter expertise relating to civil aviation projects. (2) Contents \nIn carrying out the review under paragraph (1), the Administrator shall— (A) review the extent to which NASA and the FAA leverage each other’s laboratory and testing capabilities, facilities, resources, and subject matter expert personnel in support of aeronautics research and development programs and projects; (B) assess— (i) the current fiscal year, and the 3 most recent fiscal years, of Federal expenditures for the FAA and NASA’s research and development programs and projects; and (ii) the extent to which other Federal agencies, industry partners, and research organizations are involved in such programs and projects; and (C) develop recommendations for the improvement of coordination, collaboration, and efficiency of aeronautics research and development programs to reduce overlap between NASA, the FAA, other Federal agencies, academia, research organizations, standards groups, and industry. (b) Report \nNot later than 180 days after completing the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on such review, including the recommendations developed under subsection (a)(2)(C).", "id": "id71ef1950-16d1-4d6d-b33c-ddb8eac5ed20", "header": "FAA and NASA research and development coordination review", "nested": [ { "text": "(a) Review \n(1) In general \nNot later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as NASA ) shall conduct a review of aeronautics research and development coordination between Federal agencies and the extent to which NASA and the FAA can improve collaboration in order to leverage each other’s subject matter expertise relating to civil aviation projects. (2) Contents \nIn carrying out the review under paragraph (1), the Administrator shall— (A) review the extent to which NASA and the FAA leverage each other’s laboratory and testing capabilities, facilities, resources, and subject matter expert personnel in support of aeronautics research and development programs and projects; (B) assess— (i) the current fiscal year, and the 3 most recent fiscal years, of Federal expenditures for the FAA and NASA’s research and development programs and projects; and (ii) the extent to which other Federal agencies, industry partners, and research organizations are involved in such programs and projects; and (C) develop recommendations for the improvement of coordination, collaboration, and efficiency of aeronautics research and development programs to reduce overlap between NASA, the FAA, other Federal agencies, academia, research organizations, standards groups, and industry.", "id": "iddfb7ea9c-4903-49a7-98b9-93e4ad14c6db", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 180 days after completing the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on such review, including the recommendations developed under subsection (a)(2)(C).", "id": "id3387c610-1c4d-4e46-836e-8cbdd590d78a", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "915. Research and development of FAA's aeronautical information systems modernization activities \n(a) In general \nNot later than 60 days after the date of enactment of this section, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall carry out a research and development program to assist with the continuous modernization of the FAA’s aeronautical information systems, including, but not limited to— (1) the Aeronautical Information Management Modernization (AIMM), including the FAA’s Notice to Air Missions (NOTAM) system; (2) the Aviation Safety Information Analysis and Sharing (ASIAS) system; and (3) the Service Difficulty Reporting System (SDRS). (b) Review and report \n(1) Review \nNot later than 180 days after the date of enactment of this section, the Administrator shall enter into an agreement with a Federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of FAA’s aeronautical information systems. Such review shall identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center to further modernize such systems. (2) Report \nNot later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator and the appropriate committees of Congress a report on the review conducted under paragraph (1), together with such recommendations as the Center determines appropriate.", "id": "id592b8a78-4c53-4c34-937d-d7ea43a3d5a9", "header": "Research and development of FAA's aeronautical information systems modernization activities", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of enactment of this section, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall carry out a research and development program to assist with the continuous modernization of the FAA’s aeronautical information systems, including, but not limited to— (1) the Aeronautical Information Management Modernization (AIMM), including the FAA’s Notice to Air Missions (NOTAM) system; (2) the Aviation Safety Information Analysis and Sharing (ASIAS) system; and (3) the Service Difficulty Reporting System (SDRS).", "id": "ide1b8b0d7-c84a-48ae-9de2-c9479116e067", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Review and report \n(1) Review \nNot later than 180 days after the date of enactment of this section, the Administrator shall enter into an agreement with a Federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of FAA’s aeronautical information systems. Such review shall identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center to further modernize such systems. (2) Report \nNot later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator and the appropriate committees of Congress a report on the review conducted under paragraph (1), together with such recommendations as the Center determines appropriate.", "id": "id1c881f83-5caa-4733-a8e1-d7fa341799e7", "header": "Review and report", "nested": [], "links": [] } ], "links": [] }, { "text": "916. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nChapter 445 of title 49, United States Code, as amended by section 817, is amended by adding at the end the following new section: 44521. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft. (c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies. (d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.. (b) Clerical amendment \nThe analysis for chapter 445 of such title, as amended by section 817, is amended by inserting after the item relating to section 44520 the following: 44521. Center of Excellence for Alternative Jet Fuels and Environment..", "id": "id3cd5828d-4221-403d-a0d3-c502c3427797", "header": "Center of Excellence for Alternative Jet Fuels and Environment", "nested": [ { "text": "(a) In general \nChapter 445 of title 49, United States Code, as amended by section 817, is amended by adding at the end the following new section: 44521. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft. (c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies. (d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration..", "id": "idcd6a5a6b-9a7b-4839-acc0-c101c32a04cd", "header": "In general", "nested": [], "links": [ { "text": "Chapter 445", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/445" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 445 of such title, as amended by section 817, is amended by inserting after the item relating to section 44520 the following: 44521. Center of Excellence for Alternative Jet Fuels and Environment..", "id": "id23d70b67-28f8-416f-aa29-706325e07249", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 445", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/445" } ] }, { "text": "44521. Center of Excellence for Alternative Jet Fuels and Environment \n(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023. (b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft. (c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies. (d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.", "id": "id4d944da1-fbf3-448e-8bb7-9fc4b43acab8", "header": "Center of Excellence for Alternative Jet Fuels and Environment", "nested": [ { "text": "(a) In general \nDuring the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the Administrator ) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the Center ) under its structure as in effect on January 1, 2023.", "id": "id759579df-cac4-4efd-b5d0-58576281a0ef", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Responsibilities \nThe Center shall— (1) focus on research to— (A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft; (B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems; (C) reduce community exposure to civilian aircraft noise and pollutant emissions; (D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and (E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and (2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft.", "id": "id3556d8b2-b1a7-4456-955c-7e01952e5257", "header": "Responsibilities", "nested": [], "links": [] }, { "text": "(c) Grant authority \nThe Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies.", "id": "id408210c6-9293-4ae8-b1ba-6e67e4f7ce2f", "header": "Grant authority", "nested": [], "links": [] }, { "text": "(d) Participation \n(1) Participation of educational and research institutions \nIn carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by— (A) higher education and research institutions that— (i) have existing facilities for research, development, and testing; and (ii) leverage private sector partnerships; (B) other Federal agencies; (C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and (D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft. (2) Use of NASA facilities \nThe Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.", "id": "id38138264-5fb4-4289-84d2-c1ad6a3eca5d", "header": "Participation", "nested": [], "links": [] } ], "links": [] }, { "text": "917. Aircraft Noise Advisory Committee \n(a) Establishment \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the Advisory Committee ) to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations. (b) Membership \nThe Administrator shall appoint the members of the Advisory Committee, which shall be comprised of— (1) at least 1 representative of each of— (A) engine manufacturers; (B) air carriers; (C) airport owners or operators; (D) aircraft manufacturers; (E) advanced air mobility manufacturers or operators; (F) institutions of higher education; and (G) the National Aeronautics and Space Administration; and (2) representatives of airport-adjacent communities from geographically diverse regions. (c) Duties \nThe duties of the Advisory Committee shall include— (1) the evaluation of existing research on aircraft noise impacts and annoyance; (2) the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level (DNL) standard; (3) the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered; (4) the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and (5) other duties determined appropriate by the Administrator. (d) Reports \n(1) In general \nNot later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies. (2) Report to Congress \nNot later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee. (e) Congressional briefing \nNot later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the Administrator’s reason for not implementing the recommendation.", "id": "id0d9ad51e-f635-40c4-b6c5-20afe21d3234", "header": "Aircraft Noise Advisory Committee", "nested": [ { "text": "(a) Establishment \nNot later than 180 days after the date of enactment of this section, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the Advisory Committee ) to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations.", "id": "idaae8b374-552a-4396-a235-990319f3d049", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership \nThe Administrator shall appoint the members of the Advisory Committee, which shall be comprised of— (1) at least 1 representative of each of— (A) engine manufacturers; (B) air carriers; (C) airport owners or operators; (D) aircraft manufacturers; (E) advanced air mobility manufacturers or operators; (F) institutions of higher education; and (G) the National Aeronautics and Space Administration; and (2) representatives of airport-adjacent communities from geographically diverse regions.", "id": "id8fc085a6-fc26-4a3c-b13d-48dfcfc4baeb", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Duties \nThe duties of the Advisory Committee shall include— (1) the evaluation of existing research on aircraft noise impacts and annoyance; (2) the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level (DNL) standard; (3) the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered; (4) the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and (5) other duties determined appropriate by the Administrator.", "id": "idee30860f-eef3-4a8a-9f87-27e20f8a0d3b", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Reports \n(1) In general \nNot later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies. (2) Report to Congress \nNot later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee.", "id": "id9afd67dd-724e-4c68-b5ad-a2a78486ee01", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Congressional briefing \nNot later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the Administrator’s reason for not implementing the recommendation.", "id": "id391f0dab-ba5d-4ca1-b69a-042566c187ec", "header": "Congressional briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "918. Next generation radio altimeters \n(a) In general \nNot later than 60 days after the date of enactment of this section, the Administrator, in coordination with the aviation and commercial wireless industries, the National Telecommunications and Information Administration, the Federal Communications Commission, and other relevant government stakeholders, shall carry out a research and development program to assist with the development, testing, and certification of the standards and technology necessary to ensure industry and the FAA can certify and meet the installation requirements for next generation radio altimeters across all necessary aircraft by January 1, 2028. (b) Grant program \nSubject to appropriations, the Administrator may award grants for the purposes of research and development, testing, and other activities necessary to ensure that next generation radio altimeter technology is developed, tested, certified, and installed on necessary aircraft by 2028, including through public-private partnership grants (which shall include protections for necessary intellectual property with respect to any private sector entity testing, certifying, or producing next generation radio altimeters under the program carried out under this section) with industry to ensure the accelerated production and installation by January 1, 2028. (c) Review and report \nNot later than 180 days after the enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the steps the Administrator has taken as of the date on which such report is submitted and any actions the Administrator plans to take, including as part of the program carried out under this section, to ensure that next generation radio altimeter technology is developed, tested, certified, and installed by 2028. (d) Rule of construction \nNothing in this section shall be construed to apply to efforts to retrofit the existing supply of altimeters in place as of the date of enactment of this section.", "id": "id0087c18226d643f3be461e0fd82b3d85", "header": "Next generation radio altimeters", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of enactment of this section, the Administrator, in coordination with the aviation and commercial wireless industries, the National Telecommunications and Information Administration, the Federal Communications Commission, and other relevant government stakeholders, shall carry out a research and development program to assist with the development, testing, and certification of the standards and technology necessary to ensure industry and the FAA can certify and meet the installation requirements for next generation radio altimeters across all necessary aircraft by January 1, 2028.", "id": "id2cddd9529c70416cac0992116ac65372", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Grant program \nSubject to appropriations, the Administrator may award grants for the purposes of research and development, testing, and other activities necessary to ensure that next generation radio altimeter technology is developed, tested, certified, and installed on necessary aircraft by 2028, including through public-private partnership grants (which shall include protections for necessary intellectual property with respect to any private sector entity testing, certifying, or producing next generation radio altimeters under the program carried out under this section) with industry to ensure the accelerated production and installation by January 1, 2028.", "id": "id32c7bf5b98194b3f8868b7c1ad817dff", "header": "Grant program", "nested": [], "links": [] }, { "text": "(c) Review and report \nNot later than 180 days after the enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the steps the Administrator has taken as of the date on which such report is submitted and any actions the Administrator plans to take, including as part of the program carried out under this section, to ensure that next generation radio altimeter technology is developed, tested, certified, and installed by 2028.", "id": "id49aadffd793048afbebb9a2b09bbe78a", "header": "Review and report", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nNothing in this section shall be construed to apply to efforts to retrofit the existing supply of altimeters in place as of the date of enactment of this section.", "id": "id5186f2c7e8794bf88a9cf657c0de013e", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [] }, { "text": "919. Hydrogen aviation strategy \n(a) FAA and Department of Energy leadership on using hydrogen to propel commercial aircraft \n(1) In general \nThe Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall exercise leadership in the creation of Federal and international policies, and shall conduct research relating to the safe and efficient use and sourcing of hydrogen to propel commercial aircraft. (2) Exercise of leadership \nIn carrying out paragraph (1), the Secretary, the Administrator, and the Secretary of Energy shall— (A) establish positions and goals for the use of hydrogen to propel commercial aircraft; (B) through grant, contract, or interagency agreements, study the contribution the use of hydrogen would have on propelling commercial aircraft, including hydrogen as an input for conventional jet fuel, hydrogen fuel cells as a source of electric propulsion, sustainable aviation fuel, and power to liquids or synthetic fuel, and research ways of accelerating introduction of hydrogen-propelled aircraft; (C) review grant eligibility requirements, loans, loan guarantees, and other policies and requirements of the FAA and the Department of Energy to identify ways to increase the safe and efficient use of hydrogen to propel commercial aircraft; (D) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when creating policies that enable the safe use of hydrogen to propel commercial aircraft; (E) coordinate with the National Aeronautics and Space Administration, and obtain input from the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding— (i) the safe and efficient use of hydrogen to propel commercial aircraft within United States airspace, including— (I) updating or modifying existing policies on such use; (II) assessing barriers to, and benefits of, the introduction of aircraft propelled by hydrogen; (III) the operational differences between aircraft propelled by hydrogen and aircraft propelled with other types of fuels; and (IV) public, economic, and noise benefits of the operation of commercial aircraft propelled by hydrogen and associated aerospace industry activity; and (ii) other issues identified by the Secretary, the Administrator, the Secretary of Energy, or the advisory committee established under subparagraph (F) that must be addressed to enable the safe and efficient use of hydrogen to propel commercial aircraft; and (F) establish an advisory committee composed of representatives of the National Aeronautics and Space Administration, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders to advise the Secretary, the Administrator, and the Secretary of Energy on the activities carried out under this subsection and subsection (b). (3) International leadership \nThe Secretary, the Administrator, and the Secretary of Energy, in the appropriate international forums, shall take actions that— (A) demonstrate global leadership in carrying out the activities required by paragraphs (1) and (2); (B) address the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under paragraph (2); (C) address the needs of fuel cell manufacturers; and (D) advance the United States’ competitiveness in hydrogen-propelled aircraft. (4) Report to Congress \nNot later than 3 years after the date of enactment of this section, the Secretary, acting primarily through the Administrator, and jointly with the Secretary of Energy, shall submit to the appropriate committees of Congress a report detailing— (A) the Secretary’s, Administrator’s, and Secretary of Energy’s actions to exercise leadership in the creation of Federal and international policies, and of research conducted, relating to the safe and efficient use of hydrogen to propel commercial aircraft; (B) planned, proposed, and anticipated actions to update or modify existing policies related to the use of hydrogen to propel commercial aircraft, including those identified as a result of consultation with, and feedback from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under paragraph (2); and (C) a timeline for any actions pursuant to subparagraphs (A) and (B) to be taken to update or modify existing policies related to the safe and efficient use of hydrogen to propel commercial aircraft. (b) FAA leadership on the certification of hydrogen-propelled commercial aircraft \n(1) In general \nThe Administrator shall exercise leadership in the creation of Federal regulations, standards, and guidance relating to the safe and efficient certification of hydrogen-propelled commercial aircraft. (2) Exercise of leadership \nIn carrying out paragraph (1), the Administrator shall— (A) establish a viable path for the certification of hydrogen-propelled aircraft that considers existing frameworks, modifying an existing framework, or developing a new framework as appropriate; (B) review certification regulations, guidance, and other requirements of the FAA to identify ways to safely and efficiently certify hydrogen-propelled commercial aircraft; (C) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when creating regulations and standards that enable the safe certification and deployment of hydrogen-propelled commercial aircraft in the national airspace system; and (D) obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding— (i) the appropriate regulatory framework and timeline for permitting the safe and efficient deployment and operation of hydrogen-propelled aircraft in the United States, including updating or modifying existing regulations; (ii) how to accelerate the resolution of issues related to data and standards development and related regulations necessary to facilitate the safe and efficient certification of hydrogen-propelled commercial aircraft; and (iii) other issues identified by the Administrator or the advisory committee established under subsection (a)(2)(F) that must be addressed to enable the safe and efficient deployment and operation of hydrogen-propelled commercial aircraft.", "id": "id8E3D23A455A44637AE2194518D32646B", "header": "Hydrogen aviation strategy", "nested": [ { "text": "(a) FAA and Department of Energy leadership on using hydrogen to propel commercial aircraft \n(1) In general \nThe Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall exercise leadership in the creation of Federal and international policies, and shall conduct research relating to the safe and efficient use and sourcing of hydrogen to propel commercial aircraft. (2) Exercise of leadership \nIn carrying out paragraph (1), the Secretary, the Administrator, and the Secretary of Energy shall— (A) establish positions and goals for the use of hydrogen to propel commercial aircraft; (B) through grant, contract, or interagency agreements, study the contribution the use of hydrogen would have on propelling commercial aircraft, including hydrogen as an input for conventional jet fuel, hydrogen fuel cells as a source of electric propulsion, sustainable aviation fuel, and power to liquids or synthetic fuel, and research ways of accelerating introduction of hydrogen-propelled aircraft; (C) review grant eligibility requirements, loans, loan guarantees, and other policies and requirements of the FAA and the Department of Energy to identify ways to increase the safe and efficient use of hydrogen to propel commercial aircraft; (D) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when creating policies that enable the safe use of hydrogen to propel commercial aircraft; (E) coordinate with the National Aeronautics and Space Administration, and obtain input from the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding— (i) the safe and efficient use of hydrogen to propel commercial aircraft within United States airspace, including— (I) updating or modifying existing policies on such use; (II) assessing barriers to, and benefits of, the introduction of aircraft propelled by hydrogen; (III) the operational differences between aircraft propelled by hydrogen and aircraft propelled with other types of fuels; and (IV) public, economic, and noise benefits of the operation of commercial aircraft propelled by hydrogen and associated aerospace industry activity; and (ii) other issues identified by the Secretary, the Administrator, the Secretary of Energy, or the advisory committee established under subparagraph (F) that must be addressed to enable the safe and efficient use of hydrogen to propel commercial aircraft; and (F) establish an advisory committee composed of representatives of the National Aeronautics and Space Administration, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders to advise the Secretary, the Administrator, and the Secretary of Energy on the activities carried out under this subsection and subsection (b). (3) International leadership \nThe Secretary, the Administrator, and the Secretary of Energy, in the appropriate international forums, shall take actions that— (A) demonstrate global leadership in carrying out the activities required by paragraphs (1) and (2); (B) address the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under paragraph (2); (C) address the needs of fuel cell manufacturers; and (D) advance the United States’ competitiveness in hydrogen-propelled aircraft. (4) Report to Congress \nNot later than 3 years after the date of enactment of this section, the Secretary, acting primarily through the Administrator, and jointly with the Secretary of Energy, shall submit to the appropriate committees of Congress a report detailing— (A) the Secretary’s, Administrator’s, and Secretary of Energy’s actions to exercise leadership in the creation of Federal and international policies, and of research conducted, relating to the safe and efficient use of hydrogen to propel commercial aircraft; (B) planned, proposed, and anticipated actions to update or modify existing policies related to the use of hydrogen to propel commercial aircraft, including those identified as a result of consultation with, and feedback from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under paragraph (2); and (C) a timeline for any actions pursuant to subparagraphs (A) and (B) to be taken to update or modify existing policies related to the safe and efficient use of hydrogen to propel commercial aircraft.", "id": "H9BE0FA7B640541B290AC0EFC91417518", "header": "FAA and Department of Energy leadership on using hydrogen to propel commercial aircraft", "nested": [], "links": [] }, { "text": "(b) FAA leadership on the certification of hydrogen-propelled commercial aircraft \n(1) In general \nThe Administrator shall exercise leadership in the creation of Federal regulations, standards, and guidance relating to the safe and efficient certification of hydrogen-propelled commercial aircraft. (2) Exercise of leadership \nIn carrying out paragraph (1), the Administrator shall— (A) establish a viable path for the certification of hydrogen-propelled aircraft that considers existing frameworks, modifying an existing framework, or developing a new framework as appropriate; (B) review certification regulations, guidance, and other requirements of the FAA to identify ways to safely and efficiently certify hydrogen-propelled commercial aircraft; (C) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when creating regulations and standards that enable the safe certification and deployment of hydrogen-propelled commercial aircraft in the national airspace system; and (D) obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding— (i) the appropriate regulatory framework and timeline for permitting the safe and efficient deployment and operation of hydrogen-propelled aircraft in the United States, including updating or modifying existing regulations; (ii) how to accelerate the resolution of issues related to data and standards development and related regulations necessary to facilitate the safe and efficient certification of hydrogen-propelled commercial aircraft; and (iii) other issues identified by the Administrator or the advisory committee established under subsection (a)(2)(F) that must be addressed to enable the safe and efficient deployment and operation of hydrogen-propelled commercial aircraft.", "id": "idf698e3b41a7e43c68e042402bed21ede", "header": "FAA leadership on the certification of hydrogen-propelled commercial aircraft", "nested": [], "links": [] } ], "links": [] }, { "text": "920. Aviation fuel systems \n(a) Coordination \nThe Secretary, in coordination with the stakeholders identified in subsection (b), shall study, plan, and make recommendations with respect to coordination and implementation issues relating to aircraft powered by new aviation fuels or fuel systems, including at a minimum, the following: (1) Research and technical assistance related to the development, certification, operation, and maintenance of aircraft powered by new aviation fuels and fuel systems, along with refueling and charging infrastructure and associated technologies critical to their deployment. (2) Data sharing with respect to the installation, maintenance, and utilization of charging and refueling infrastructure at airports. (3) Development and deployment of training and certification programs for the development, construction, and maintenance of aircraft, related fuel systems, and charging and refueling infrastructure. (4) Any other issues that the Secretary, in consultation with the Secretary of Energy, shall deem of interest related to the validation and certification of new fuels for use or fuel systems in aircraft. (b) Consultation \nThe Secretary shall consult with— (1) the Department of Energy; (2) the National Aeronautics and Space Administration; (3) the Department of the Air Force; and (4) other Federal agencies, as determined by the Secretary. (c) Savings \nNothing in this section shall be construed as granting the Environmental Protection Agency additional authority to establish alternative fuel emissions standards.", "id": "ide2dd1602b92d48b494cd0c3dda54b5e4", "header": "Aviation fuel systems", "nested": [ { "text": "(a) Coordination \nThe Secretary, in coordination with the stakeholders identified in subsection (b), shall study, plan, and make recommendations with respect to coordination and implementation issues relating to aircraft powered by new aviation fuels or fuel systems, including at a minimum, the following: (1) Research and technical assistance related to the development, certification, operation, and maintenance of aircraft powered by new aviation fuels and fuel systems, along with refueling and charging infrastructure and associated technologies critical to their deployment. (2) Data sharing with respect to the installation, maintenance, and utilization of charging and refueling infrastructure at airports. (3) Development and deployment of training and certification programs for the development, construction, and maintenance of aircraft, related fuel systems, and charging and refueling infrastructure. (4) Any other issues that the Secretary, in consultation with the Secretary of Energy, shall deem of interest related to the validation and certification of new fuels for use or fuel systems in aircraft.", "id": "id8944c65592b24892a7b38e56474e6f2a", "header": "Coordination", "nested": [], "links": [] }, { "text": "(b) Consultation \nThe Secretary shall consult with— (1) the Department of Energy; (2) the National Aeronautics and Space Administration; (3) the Department of the Air Force; and (4) other Federal agencies, as determined by the Secretary.", "id": "idc5e51817d8df4cb6bae3f70275244c1a", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Savings \nNothing in this section shall be construed as granting the Environmental Protection Agency additional authority to establish alternative fuel emissions standards.", "id": "id514e624703454a9e9cf695ada8322529", "header": "Savings", "nested": [], "links": [] } ], "links": [] }, { "text": "1001. Authorization for carriage reimbursement \n(a) In general \nBeginning on the date of enactment of this section, the payment eligibility conditions described in section 91.321(a) of title 14, Code of Federal Regulations, shall apply to an aircraft operator to the extent necessary to allow the operator to receive payment for carrying an eligible person (as described in subsection (b)) without the operator having to comply with the rules described in parts 121, 125, or 135 of such title 14, subject to the conditions provided in paragraphs (1) and (2) of such section 91.321(a). (b) Eligible person described \nFor purposes of subsection (a), an eligible person to be carried on an aircraft used in an operation conducted under such subsection is limited to a Member, officer, or employee of the Senate or a Member, Delegate, Resident Commissioner, officer, or employee of the House of Representatives, who, pursuant to rule XXXV of the Standing Rules of the Senate or rule XXIII of the Rules of the House of Representatives (as applicable), must pay the fair market value of the flight (as described in such rules). (c) Rulemaking \nThe Administrator shall revise section 91.321 of title 14, Code of Federal Regulations, as necessary, consistent with this section.", "id": "id0e3c07838c19436281a033f9c30c03b5", "header": "Authorization for carriage reimbursement", "nested": [ { "text": "(a) In general \nBeginning on the date of enactment of this section, the payment eligibility conditions described in section 91.321(a) of title 14, Code of Federal Regulations, shall apply to an aircraft operator to the extent necessary to allow the operator to receive payment for carrying an eligible person (as described in subsection (b)) without the operator having to comply with the rules described in parts 121, 125, or 135 of such title 14, subject to the conditions provided in paragraphs (1) and (2) of such section 91.321(a).", "id": "id5ce926656a45484db3273ea66984b5a9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible person described \nFor purposes of subsection (a), an eligible person to be carried on an aircraft used in an operation conducted under such subsection is limited to a Member, officer, or employee of the Senate or a Member, Delegate, Resident Commissioner, officer, or employee of the House of Representatives, who, pursuant to rule XXXV of the Standing Rules of the Senate or rule XXIII of the Rules of the House of Representatives (as applicable), must pay the fair market value of the flight (as described in such rules).", "id": "id1ec2e6f40b194007845dd989e0d69bde", "header": "Eligible person described", "nested": [], "links": [] }, { "text": "(c) Rulemaking \nThe Administrator shall revise section 91.321 of title 14, Code of Federal Regulations, as necessary, consistent with this section.", "id": "ida925b3169e9d426685bc666f699f169a", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] }, { "text": "1002. Clarifying minimum altitudes for go-arounds, inspection passes, practice approaches, and instrument approaches \n(a) In general \nThe Administrator may revise regulations as necessary to allow a properly qualified pilot operating an aircraft to conduct, without regard to the minimum altitudes set forth in such sections— (1) in the case of section 91.119 of title 14, Code of Federal Regulations, a go-around, an inspection pass, a practice approach, or an instrument approach; (2) in the case of section 91.177 of such title 14, an instrument approach; and (3) in the case of section 91.515 of such title 14, a go-around, a practice approach, or an instrument approach. (b) Briefing \nIf the Administrator does not revise regulations as described in subsection (a), the Administrator shall provide a briefing to the appropriate committees of Congress.", "id": "id6a8c995f2b0f454eb55a0a36e6fde7bd", "header": "Clarifying minimum altitudes for go-arounds, inspection passes, practice approaches, and instrument approaches", "nested": [ { "text": "(a) In general \nThe Administrator may revise regulations as necessary to allow a properly qualified pilot operating an aircraft to conduct, without regard to the minimum altitudes set forth in such sections— (1) in the case of section 91.119 of title 14, Code of Federal Regulations, a go-around, an inspection pass, a practice approach, or an instrument approach; (2) in the case of section 91.177 of such title 14, an instrument approach; and (3) in the case of section 91.515 of such title 14, a go-around, a practice approach, or an instrument approach.", "id": "ide59ed0c38e464582939f3f1c99073278", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Briefing \nIf the Administrator does not revise regulations as described in subsection (a), the Administrator shall provide a briefing to the appropriate committees of Congress.", "id": "id55ee16e442984b0d94a9bf84ff4fdc09", "header": "Briefing", "nested": [], "links": [] } ], "links": [] }, { "text": "1003. Let Me Travel America \n(a) In general \nChapter 805 of title 49, United States Code, is amended by adding at the end the following: 80505. COVID–19 vaccination status \n(a) In general \nAn entity described in subsection (b) may not deny service to any individual solely based on the vaccination status of the individual with respect to the Coronavirus Disease 2019 (COVID–19). (b) Entity described \nAn entity referred to in subsection (a) is a common carrier or any other entity, including a rail carrier (as defined in section 10102, including Amtrak), a motor carrier (as defined in section 13102), a water carrier (as defined in that section), and an air carrier (as defined in section 40102), that— (1) provides interstate transportation of passengers; and (2) is subject to the jurisdiction of the Department of Transportation or the Surface Transportation Board under this title. (c) Savings provision \nNothing in this section applies to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.. (b) Clerical amendment \nThe analysis for chapter 805 of title 49, United States Code, is amended by inserting after the item relating to section 80504 the following: 80505. COVID–19 vaccination status.. (c) Rule of construction \nNothing in this section, or an amendment made by this section, shall be construed to permit or otherwise authorize Congress or an executive agency to enact or otherwise impose a COVID–19 vaccine mandate.", "id": "idcfac2a7e72794db3a699bd2512f9e789", "header": "Let Me Travel America", "nested": [ { "text": "(a) In general \nChapter 805 of title 49, United States Code, is amended by adding at the end the following: 80505. COVID–19 vaccination status \n(a) In general \nAn entity described in subsection (b) may not deny service to any individual solely based on the vaccination status of the individual with respect to the Coronavirus Disease 2019 (COVID–19). (b) Entity described \nAn entity referred to in subsection (a) is a common carrier or any other entity, including a rail carrier (as defined in section 10102, including Amtrak), a motor carrier (as defined in section 13102), a water carrier (as defined in that section), and an air carrier (as defined in section 40102), that— (1) provides interstate transportation of passengers; and (2) is subject to the jurisdiction of the Department of Transportation or the Surface Transportation Board under this title. (c) Savings provision \nNothing in this section applies to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers..", "id": "idF4E3129C9829490B9110D546CE2E4A5C", "header": "In general", "nested": [], "links": [ { "text": "Chapter 805", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/805" } ] }, { "text": "(b) Clerical amendment \nThe analysis for chapter 805 of title 49, United States Code, is amended by inserting after the item relating to section 80504 the following: 80505. COVID–19 vaccination status..", "id": "id8355F60F45E24E2E997404F105D57754", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 805", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/805" }, { "text": "section 80504", "legal-doc": "usc", "parsable-cite": "usc/49/80504" } ] }, { "text": "(c) Rule of construction \nNothing in this section, or an amendment made by this section, shall be construed to permit or otherwise authorize Congress or an executive agency to enact or otherwise impose a COVID–19 vaccine mandate.", "id": "id2E1A7B6E8AF54767ACC2E145BD7546FF", "header": "Rule of construction", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 805", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/805" }, { "text": "chapter 805", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/805" }, { "text": "section 80504", "legal-doc": "usc", "parsable-cite": "usc/49/80504" } ] }, { "text": "80505. COVID–19 vaccination status \n(a) In general \nAn entity described in subsection (b) may not deny service to any individual solely based on the vaccination status of the individual with respect to the Coronavirus Disease 2019 (COVID–19). (b) Entity described \nAn entity referred to in subsection (a) is a common carrier or any other entity, including a rail carrier (as defined in section 10102, including Amtrak), a motor carrier (as defined in section 13102), a water carrier (as defined in that section), and an air carrier (as defined in section 40102), that— (1) provides interstate transportation of passengers; and (2) is subject to the jurisdiction of the Department of Transportation or the Surface Transportation Board under this title. (c) Savings provision \nNothing in this section applies to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.", "id": "id7EED5839FEB344A080671F67AA4569C9", "header": "COVID–19 vaccination status", "nested": [ { "text": "(a) In general \nAn entity described in subsection (b) may not deny service to any individual solely based on the vaccination status of the individual with respect to the Coronavirus Disease 2019 (COVID–19).", "id": "id14507E587B80476CA360CE6CFB7AA990", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Entity described \nAn entity referred to in subsection (a) is a common carrier or any other entity, including a rail carrier (as defined in section 10102, including Amtrak), a motor carrier (as defined in section 13102), a water carrier (as defined in that section), and an air carrier (as defined in section 40102), that— (1) provides interstate transportation of passengers; and (2) is subject to the jurisdiction of the Department of Transportation or the Surface Transportation Board under this title.", "id": "id0DD93A0BE4BB46F7A8D56E473592C3FE", "header": "Entity described", "nested": [], "links": [] }, { "text": "(c) Savings provision \nNothing in this section applies to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.", "id": "id3696E3ADEF97496384652E32CF2031E8", "header": "Savings provision", "nested": [], "links": [] } ], "links": [] }, { "text": "1004. Transportation of organs, bone marrow, and human cells, tissues, or cellular or tissue-based products (HCT/Ps) \n(a) Handling of organs, bone marrow, and HCT/Ps on aircraft \nNot later than 180 days after the date of enactment of this section, the Administrator, in coordination with relevant Federal agencies and stakeholders, shall issue a rulemaking to— (1) establish a safe, standardized process for a commercial airline's acceptance, handling, management, and transportation of an organ, bone marrow, or human cells, tissues, or cellular or tissue-based products (in this section referred to as HCT/Ps ) in the cabin of an aircraft; (2) require each commercial airline to establish a protocol to ensure the safe and timely transport of an organ, bone marrow, or HCT/Ps in the cabin of the aircraft, including through any connecting flight; and (3) identify metrics regarding the handling of organs, bone marrow, or HCT/Ps by commercial airlines in order to increase transparency and aid the development of best practices and improvement initiatives. (b) Definitions \nIn this section: (1) Bone marrow \nThe term bone marrow has the meaning given such term in section 274e(c)(1) of title 42, Code of Federal Regulations. (2) Human cells, tissues, or cellular or tissue-based products \nThe term human cells, tissues, or cellular or tissue-based products has the meaning given such term in section 1271.3(d) of title 21, Code of Federal Regulations. (3) Organ \nThe term organ — (A) has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and (B) includes organ-related tissue.", "id": "id3c010879-f516-4fdd-97e0-013f139c1cda", "header": "Transportation of organs, bone marrow, and human cells, tissues, or cellular or tissue-based products (HCT/Ps)", "nested": [ { "text": "(a) Handling of organs, bone marrow, and HCT/Ps on aircraft \nNot later than 180 days after the date of enactment of this section, the Administrator, in coordination with relevant Federal agencies and stakeholders, shall issue a rulemaking to— (1) establish a safe, standardized process for a commercial airline's acceptance, handling, management, and transportation of an organ, bone marrow, or human cells, tissues, or cellular or tissue-based products (in this section referred to as HCT/Ps ) in the cabin of an aircraft; (2) require each commercial airline to establish a protocol to ensure the safe and timely transport of an organ, bone marrow, or HCT/Ps in the cabin of the aircraft, including through any connecting flight; and (3) identify metrics regarding the handling of organs, bone marrow, or HCT/Ps by commercial airlines in order to increase transparency and aid the development of best practices and improvement initiatives.", "id": "idadf36774-a027-4daa-9730-cb2147948b27", "header": "Handling of organs, bone marrow, and HCT/Ps on aircraft", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) Bone marrow \nThe term bone marrow has the meaning given such term in section 274e(c)(1) of title 42, Code of Federal Regulations. (2) Human cells, tissues, or cellular or tissue-based products \nThe term human cells, tissues, or cellular or tissue-based products has the meaning given such term in section 1271.3(d) of title 21, Code of Federal Regulations. (3) Organ \nThe term organ — (A) has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and (B) includes organ-related tissue.", "id": "id4debf68455954305b5e26d174c08d0d7", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "1101. Technical corrections \n(a) Disposal of property \nSection 40110(c)(4) of title 49, United States Code, is amended by striking subsection (a)(2) and inserting subsection (a)(3). (b) Civil penalty \nSection 44704(f) of title 49, United States Code, is amended by striking subsection (a)(6) and inserting subsection (d)(3). (c) Sunset of rule \nSection 44729 of title 49, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively. (d) Public disclosure of information \nSection 44735 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , nor by any agency receiving information from the Administrator, after Federal Aviation Administration ; and (B) in paragraph (2), by inserting or for any other purpose regarding the development and implementation of a safety management system acceptable to the Administrator before the period at the end; and (2) by adding at the end the following new subsection: (d) Applicability to the National Transportation Safety Board \nThis section shall not be construed to limit the National Transportation Safety Board’s accident or incident investigation authority under chapter 11 of this title, including the requirement to not disclose voluntarily provided safety-related information under section 1114..", "id": "id70d720ad-429e-446f-9988-c30dac7fdf53", "header": "Technical corrections", "nested": [ { "text": "(a) Disposal of property \nSection 40110(c)(4) of title 49, United States Code, is amended by striking subsection (a)(2) and inserting subsection (a)(3).", "id": "ide9ffd9b5-1002-470a-8745-1e64da711bdb", "header": "Disposal of property", "nested": [], "links": [] }, { "text": "(b) Civil penalty \nSection 44704(f) of title 49, United States Code, is amended by striking subsection (a)(6) and inserting subsection (d)(3).", "id": "idc2d631c7-43d7-4410-a2a1-c8eb9a4b2068", "header": "Civil penalty", "nested": [], "links": [] }, { "text": "(c) Sunset of rule \nSection 44729 of title 49, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.", "id": "idaf5c489e-af5f-4eac-8d81-840198df518c", "header": "Sunset of rule", "nested": [], "links": [] }, { "text": "(d) Public disclosure of information \nSection 44735 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , nor by any agency receiving information from the Administrator, after Federal Aviation Administration ; and (B) in paragraph (2), by inserting or for any other purpose regarding the development and implementation of a safety management system acceptable to the Administrator before the period at the end; and (2) by adding at the end the following new subsection: (d) Applicability to the National Transportation Safety Board \nThis section shall not be construed to limit the National Transportation Safety Board’s accident or incident investigation authority under chapter 11 of this title, including the requirement to not disclose voluntarily provided safety-related information under section 1114..", "id": "id94527c46-9577-4fb4-ab9b-42624256f1bf", "header": "Public disclosure of information", "nested": [], "links": [] } ], "links": [] } ]

[ "Accidents", "Administrative law and regulatory procedures", "Advanced technology and technological innovations", "Advisory bodies", "Alaska", "Arizona", "Atmospheric science and weather", "Aviation and airports", "Broadcasting, cable, digital technologies", "Civil actions and liability", "Competition and antitrust", "Computer security and identity theft", "Computers and information technology", "Congressional oversight", "Consumer affairs", "Department of Transportation", "Disability and health-based discrimination", "Disability assistance", "Drug, alcohol, tobacco use", "Emergency medical services and trauma care", "Employee benefits and pensions", "Employee performance", "Employment and training programs", "Employment discrimination and employee rights", "Environmental assessment, monitoring, research", "Executive agency funding and structure", "Fires", "First responders and emergency personnel", "Forests, forestry, trees", "Government information and archives", "Government studies and investigations", "Hazardous wastes and toxic substances", "Health information and medical records", "Infrastructure development", "Intergovernmental relations", "Land transfers", "Licensing and registrations", "Motor fuels", "Noise pollution", "Organ and tissue donation and transplantation", "Performance measurement", "Product development and innovation", "Public-private cooperation", "Regional and metropolitan planning", "Research and development", "Roads and highways", "Sales and excise taxes", "Service animals", "Service industries", "State and local government operations", "Technology assessment", "Telephone and wireless communication", "Transportation employees", "Transportation safety and security", "Travel and tourism", "User charges and fees", "Worker safety and health" ]

[ { "text": "1. Short title \nThis Act may be cited as the Accurate Map for Broadband Investment Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Ensuring accuracy of broadband maps before allocation of funds based on maps \nSection 60102 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1702 ) is amended— (1) in subsection (c)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: (4) Reallocation after update to maps \n(A) In general \nTwo hundred and ten days after the date on which the Assistant Secretary allocates amounts to an eligible entity under paragraph (1) or (3), the Assistant Secretary shall— (i) repeat the calculation required under subparagraph (B) of the applicable paragraph based on the most current versions of the broadband DATA maps; and (ii) adjust the allocation under the applicable paragraph as necessary based on the recalculation under clause (i). (B) Use of reallocation in calculating final disbursement \n(i) Final disbursement timing \nThe Assistant Secretary may not make grant funds available to an eligible entity under subsection (e)(4) until the Assistant Secretary has complied with subparagraph (A) of this paragraph. (ii) Use of reallocation \nIf the Assistant Secretary adjusts the allocation to an eligible entity under this subsection pursuant to subparagraph (A) of this paragraph, the Assistant Secretary shall use the adjusted allocation to determine the amount of grant funds that remain to be made available to the eligible entity under subsection (e)(4). ; and (2) in subsection (e)— (A) in paragraph (2)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (ii) by striking On or after and inserting the following: (A) In general \nOn or after ; and (iii) by adding at the end the following: (B) Notice of recalculated allocation \nOn or after the date on which the Assistant Secretary adjusts the allocation to an eligible entity under subsection (c)(4), the Assistant Secretary shall issue a notice to the eligible entity that contains the adjusted amount available to the eligible entity under subsection (c). ; and (B) in paragraph (4)— (i) in subparagraph (A)(i), in the matter preceding subparagraph (A)— (I) by striking approvals and inserting approves ; and (II) by inserting (subject to paragraph (4) of that subsection) after subsection (c) ; (ii) in subparagraph (D)(ii)(III), by inserting (subject to paragraph (4) of that subsection) after subsection (c) ; and (iii) in subparagraph (E)(ii)(III), by inserting (subject to paragraph (4) of that subsection) after subsection (c).", "id": "id72AE5B379B5C434F8110402B5B9635BE", "header": "Ensuring accuracy of broadband maps before allocation of funds based on maps", "nested": [], "links": [ { "text": "47 U.S.C. 1702", "legal-doc": "usc", "parsable-cite": "usc/47/1702" } ] } ]

[ "Department of Commerce", "Executive agency funding and structure", "Geography and mapping", "Government information and archives", "Internet, web applications, social media" ]

[ { "text": "1. Agent Raul H. Gonzalez Jr. Memorial Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 620 East Pecan Boulevard in McAllen, Texas, shall be known and designated as the Agent Raul H. Gonzalez Jr. Memorial Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Agent Raul H. Gonzalez Jr. Memorial Post Office.", "id": "H93094AACBB0E46A48C99A764DFDD359A", "header": "Agent Raul H. Gonzalez Jr. Memorial Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 620 East Pecan Boulevard in McAllen, Texas, shall be known and designated as the Agent Raul H. Gonzalez Jr. Memorial Post Office.", "id": "H1CD9A7966AA847A68EABA61A59C8AA2E", "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 Agent Raul H. Gonzalez Jr. Memorial Post Office.", "id": "H225BF4500A1043FAB668BB16CD874A5E", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional tributes", "Government buildings, facilities, and property", "Postal service", "Texas" ]

[ { "text": "1. Short title \nThis Act may be cited as the One Flag for All Act.", "id": "id2F6551EEB8764A5CAED72223B12DDEDD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on flags other than the flag of the United States \n(a) Definitions \nIn this section: (1) Flag of the United States \nThe term flag of the United States has the meaning given the term in section 700(b) of title 18, United States Code. (2) Public building \n(A) In general \nExcept as provided in subparagraph (B), the term public building has the meaning given the term in section 3301(a) of title 40, United States Code. (B) Inclusion \nThe term public building includes— (i) a military installation (as defined in section 2801(c) of title 10, United States Code); and (ii) any embassy or consulate of the United States. (b) Prohibitions \nNotwithstanding any other provision of law and except as provided in subsection (c), no flag that is not the flag of the United States may be flown, draped, or otherwise displayed— (1) on the exterior of a public building; or (2) in the hallway of a public building. (c) Exceptions \nThe prohibitions under subsection (b) shall not apply to— (1) a National League of Families POW/MIA flag (as designated by section 902 of title 36, United States Code); (2) any flag that represents the nation of a visiting diplomat; (3) the State flag of the State represented by a member of Congress, outside or within the office of the member; (4) in the case of a military installation, any flag that represents a unit or branch of the Armed Forces; (5) any flag that represents an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); or (6) any flag that represents the State, territory, county, city, or local jurisdiction in which the public building is located.", "id": "idd9f9697c4eba4902bad77a6eb270c0ad", "header": "Prohibition on flags other than the flag of the United States", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Flag of the United States \nThe term flag of the United States has the meaning given the term in section 700(b) of title 18, United States Code. (2) Public building \n(A) In general \nExcept as provided in subparagraph (B), the term public building has the meaning given the term in section 3301(a) of title 40, United States Code. (B) Inclusion \nThe term public building includes— (i) a military installation (as defined in section 2801(c) of title 10, United States Code); and (ii) any embassy or consulate of the United States.", "id": "id77b8ed73f77e424d9f3aac1e6cf1c8cb", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Prohibitions \nNotwithstanding any other provision of law and except as provided in subsection (c), no flag that is not the flag of the United States may be flown, draped, or otherwise displayed— (1) on the exterior of a public building; or (2) in the hallway of a public building.", "id": "idae194e90e8e54caca68172e04de5d810", "header": "Prohibitions", "nested": [], "links": [] }, { "text": "(c) Exceptions \nThe prohibitions under subsection (b) shall not apply to— (1) a National League of Families POW/MIA flag (as designated by section 902 of title 36, United States Code); (2) any flag that represents the nation of a visiting diplomat; (3) the State flag of the State represented by a member of Congress, outside or within the office of the member; (4) in the case of a military installation, any flag that represents a unit or branch of the Armed Forces; (5) any flag that represents an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); or (6) any flag that represents the State, territory, county, city, or local jurisdiction in which the public building is located.", "id": "idb3c0dee073034e71b6a925d9996e9ced", "header": "Exceptions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ]

[ "Government buildings, facilities, and property", "National symbols" ]

[ { "text": "1. Short title \nThis Act may be cited as the Expanding Health Care Options for First Responders Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medicare buy-in option for first responders 50 to 64 years of age who are separated from service due to retirement or disability \n(a) In general \nTitle XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ) is amended by adding at the end the following new section: 1899C. Medicare buy-in option for first responders 50 to 64 years of age who are separated from service due to retirement or disability \n(a) In general \nEvery individual who meets the requirements described in subsection (c) shall be eligible to enroll under this section. (b) Part A, B, and D benefits \nAn individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a Medicare Advantage plan that provides qualified prescription drug coverage (an MA–PD plan). (c) Requirements for eligibility \nThe requirements described in this subsection are the following: (1) The individual is a resident of the United States. (2) The individual is— (A) a citizen or national of the United States; or (B) an alien lawfully admitted for permanent residence. (3) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. (4) The individual has attained 50 years of age but has not attained 65 years of age. (5) The individual is a qualified first responder (as defined in subsection (d)(2)). (d) Definitions \nIn this section: (1) First responder \nThe term first responder means— (A) a qualified law enforcement officer (as defined in section 926B(c) of title 18, United States Code); (B) an employee described in clause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986; or (C) a Federal firefighter described in section 8331(21) or 8401(14) of title 5, United States Code. (2) Qualified first responder \nThe term qualified first responder means a first responder who is separated from service due to retirement or disability. (e) Enrollment and coverage periods \n(1) In general \nThe Secretary shall establish enrollment and coverage periods for individuals who enroll under this section. (2) Coordination \nSuch periods shall be established in coordination with the enrollment and coverage periods for plans offered under an Exchange established under title I of the Patient Protection and Affordable Care Act and plans under parts C and D. If the Secretary determines appropriate, the Secretary may expand such enrollment periods beyond the enrollment periods under such an Exchange or under parts C and D. (3) Beginning of coverage and special enrollment periods \nThe Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the first year beginning at least 1 year after the date of the enactment of this section and shall include special enrollment periods, in accordance with section 155.420 of title 45 of the Code of Federal Regulations, that are applicable to qualified health plans offered through an Exchange. (f) Premium \n(1) Amount of monthly premiums \nThe Secretary shall (beginning for the first year that begins more than 1 year after the date of enactment of this section) determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to 1⁄12 of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. (2) Annual premium \n(A) Combined per capita average for all medicare benefits \nThe Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D (including, as applicable, under part C) in the year for all individuals enrolled under this section. (B) Annual premium \nThe annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for certain part C and D plans \nNothing in this section shall preclude an individual from choosing a Medicare Advantage plan or a prescription drug plan which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. (g) Payment of premiums \n(1) In general \nPremiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit \nAmounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. (h) Not eligible for Medicare cost-Sharing assistance \nAn individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. (i) Treatment in relation to the Affordable Care Act \n(1) Satisfaction of individual mandate \nFor purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. (2) Eligibility for premium assistance \nCoverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986, other than subsection (c)(2)(B) thereof; and (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. (3) Second lowest cost silver plan \nThe Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of the Internal Revenue Code of 1986. (4) Eligibility for cost-sharing subsidies \nFor purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 )— (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (5) Medicaid managed care \nStates are prohibited from buying their Medicaid beneficiaries ages 50 to 64 into Medicare under this section, and individuals otherwise eligible for enrollment under a State plan under title XIX are prohibited from coverage under this title pursuant to enrollment under this section. The preceding sentence shall not apply to Medicaid beneficiaries whose Medicaid coverage or eligibility does not meet the definition of minimum essential coverage under a government-sponsored program under section 1.5000A–2 of title 26, Code of Federal Regulations (or any successor regulation). (6) Coordination with market reforms, etc \nNotwithstanding Treasury Notice 2015–17, no provision of law shall prevent an employer from maintaining an arrangement under which the employer pays or reimburses any portion of the premiums for coverage under this section for retired employees of the employer, or prevent such payment or reimbursement from being excluded from the gross income of the individual enrolled in such coverage for purposes of the Internal Revenue Code of 1986. (j) Guaranteed issue of Medigap policies upon first enrollment and each subsequent enrollment \nIn the case of an individual who enrolls under this section (including an individual who was previously enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii), and (3)(B)(vi) of section 1882(s)— (1) shall be applied by substituting 50 for 65 ; (2) if the individual was enrolled under this section and subsequently disenrolls, shall apply each time the individual subsequently reenrolls under this section as if the individual had attained 50 years of age on the date of such reenrollment (and as if the individual had never previously enrolled in a Medicare supplemental policy); and (3) shall be applied as if this section had not been enacted (and as if the individual had never previously enrolled in a Medicare supplemental policy) when the individual attains 65 years of age. (k) Oversight \nThere is established an advisory committee to be known as the Medicare Buy In Oversight Board to monitor and oversee the implementation of this section, including the experience of the individuals enrolling under this section. The Medicare Buy In Oversight Board shall have members that include representatives of insurers, actuaries, consumer advocacy organizations, and individuals representing the first responder community, and shall make periodic recommendations for the continual improvement of the implementation of this section as well as the relationship of enrollment under this section to other health care programs. (l) Outreach and enrollment \n(1) In general \nDuring the period that begins on January 1, 2024, and ends on December 31, 2026, the Secretary shall award grants to eligible entities for the following purposes: (A) Outreach and enrollment \nTo carry out outreach, public education activities, and enrollment activities to raise awareness of the availability of, and encourage, enrollment under this section. (B) Assisting individuals' transition under this section \nTo provide assistance to individuals to enroll under this section. (C) Raising awareness of premium assistance and cost-sharing reductions \nTo distribute fair and impartial information concerning enrollment under this section and the availability of premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, and to assist eligible individuals in applying for such tax credits and cost-sharing reductions. (2) Eligible entities \n(A) In general \nIn this subsection, the term eligible entity means— (i) a State; (ii) a nonprofit community-based organization; or (iii) a nonprofit first responder organization. (B) Enrollment agents \nSuch term includes a licensed independent insurance agent or broker that has an arrangement with a State, nonprofit community-based organization, or nonprofit first responder organization to enroll eligible individuals under this section. (C) Exclusions \nSuch term does not include an entity that— (i) is a health insurance issuer; or (ii) receives any consideration, either directly or indirectly, from any health insurance issuer in connection with the enrollment of any individuals under this section. (3) Priority \nIn awarding grants under this subsection, the Secretary shall give priority to awarding grants to States or eligible entities in States that have geographic rating areas at risk of having no qualified health plans in the individual market. (4) Funding \nFor purposes of carrying out this subsection, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2024 and for each subsequent fiscal year. (m) No effect on benefits for individuals otherwise eligible or on trust funds \nThe Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). (n) Consultation \nIn promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, insurance companies, and organizations representing first responders..", "id": "ide88266a87ddc40b2891492ccaee59082", "header": "Medicare buy-in option for first responders 50 to 64 years of age who are separated from service due to retirement or disability", "nested": [ { "text": "(a) In general \nTitle XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ) is amended by adding at the end the following new section: 1899C. Medicare buy-in option for first responders 50 to 64 years of age who are separated from service due to retirement or disability \n(a) In general \nEvery individual who meets the requirements described in subsection (c) shall be eligible to enroll under this section. (b) Part A, B, and D benefits \nAn individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a Medicare Advantage plan that provides qualified prescription drug coverage (an MA–PD plan). (c) Requirements for eligibility \nThe requirements described in this subsection are the following: (1) The individual is a resident of the United States. (2) The individual is— (A) a citizen or national of the United States; or (B) an alien lawfully admitted for permanent residence. (3) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. (4) The individual has attained 50 years of age but has not attained 65 years of age. (5) The individual is a qualified first responder (as defined in subsection (d)(2)). (d) Definitions \nIn this section: (1) First responder \nThe term first responder means— (A) a qualified law enforcement officer (as defined in section 926B(c) of title 18, United States Code); (B) an employee described in clause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986; or (C) a Federal firefighter described in section 8331(21) or 8401(14) of title 5, United States Code. (2) Qualified first responder \nThe term qualified first responder means a first responder who is separated from service due to retirement or disability. (e) Enrollment and coverage periods \n(1) In general \nThe Secretary shall establish enrollment and coverage periods for individuals who enroll under this section. (2) Coordination \nSuch periods shall be established in coordination with the enrollment and coverage periods for plans offered under an Exchange established under title I of the Patient Protection and Affordable Care Act and plans under parts C and D. If the Secretary determines appropriate, the Secretary may expand such enrollment periods beyond the enrollment periods under such an Exchange or under parts C and D. (3) Beginning of coverage and special enrollment periods \nThe Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the first year beginning at least 1 year after the date of the enactment of this section and shall include special enrollment periods, in accordance with section 155.420 of title 45 of the Code of Federal Regulations, that are applicable to qualified health plans offered through an Exchange. (f) Premium \n(1) Amount of monthly premiums \nThe Secretary shall (beginning for the first year that begins more than 1 year after the date of enactment of this section) determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to 1⁄12 of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. (2) Annual premium \n(A) Combined per capita average for all medicare benefits \nThe Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D (including, as applicable, under part C) in the year for all individuals enrolled under this section. (B) Annual premium \nThe annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for certain part C and D plans \nNothing in this section shall preclude an individual from choosing a Medicare Advantage plan or a prescription drug plan which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. (g) Payment of premiums \n(1) In general \nPremiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit \nAmounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. (h) Not eligible for Medicare cost-Sharing assistance \nAn individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. (i) Treatment in relation to the Affordable Care Act \n(1) Satisfaction of individual mandate \nFor purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. (2) Eligibility for premium assistance \nCoverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986, other than subsection (c)(2)(B) thereof; and (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. (3) Second lowest cost silver plan \nThe Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of the Internal Revenue Code of 1986. (4) Eligibility for cost-sharing subsidies \nFor purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 )— (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (5) Medicaid managed care \nStates are prohibited from buying their Medicaid beneficiaries ages 50 to 64 into Medicare under this section, and individuals otherwise eligible for enrollment under a State plan under title XIX are prohibited from coverage under this title pursuant to enrollment under this section. The preceding sentence shall not apply to Medicaid beneficiaries whose Medicaid coverage or eligibility does not meet the definition of minimum essential coverage under a government-sponsored program under section 1.5000A–2 of title 26, Code of Federal Regulations (or any successor regulation). (6) Coordination with market reforms, etc \nNotwithstanding Treasury Notice 2015–17, no provision of law shall prevent an employer from maintaining an arrangement under which the employer pays or reimburses any portion of the premiums for coverage under this section for retired employees of the employer, or prevent such payment or reimbursement from being excluded from the gross income of the individual enrolled in such coverage for purposes of the Internal Revenue Code of 1986. (j) Guaranteed issue of Medigap policies upon first enrollment and each subsequent enrollment \nIn the case of an individual who enrolls under this section (including an individual who was previously enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii), and (3)(B)(vi) of section 1882(s)— (1) shall be applied by substituting 50 for 65 ; (2) if the individual was enrolled under this section and subsequently disenrolls, shall apply each time the individual subsequently reenrolls under this section as if the individual had attained 50 years of age on the date of such reenrollment (and as if the individual had never previously enrolled in a Medicare supplemental policy); and (3) shall be applied as if this section had not been enacted (and as if the individual had never previously enrolled in a Medicare supplemental policy) when the individual attains 65 years of age. (k) Oversight \nThere is established an advisory committee to be known as the Medicare Buy In Oversight Board to monitor and oversee the implementation of this section, including the experience of the individuals enrolling under this section. The Medicare Buy In Oversight Board shall have members that include representatives of insurers, actuaries, consumer advocacy organizations, and individuals representing the first responder community, and shall make periodic recommendations for the continual improvement of the implementation of this section as well as the relationship of enrollment under this section to other health care programs. (l) Outreach and enrollment \n(1) In general \nDuring the period that begins on January 1, 2024, and ends on December 31, 2026, the Secretary shall award grants to eligible entities for the following purposes: (A) Outreach and enrollment \nTo carry out outreach, public education activities, and enrollment activities to raise awareness of the availability of, and encourage, enrollment under this section. (B) Assisting individuals' transition under this section \nTo provide assistance to individuals to enroll under this section. (C) Raising awareness of premium assistance and cost-sharing reductions \nTo distribute fair and impartial information concerning enrollment under this section and the availability of premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, and to assist eligible individuals in applying for such tax credits and cost-sharing reductions. (2) Eligible entities \n(A) In general \nIn this subsection, the term eligible entity means— (i) a State; (ii) a nonprofit community-based organization; or (iii) a nonprofit first responder organization. (B) Enrollment agents \nSuch term includes a licensed independent insurance agent or broker that has an arrangement with a State, nonprofit community-based organization, or nonprofit first responder organization to enroll eligible individuals under this section. (C) Exclusions \nSuch term does not include an entity that— (i) is a health insurance issuer; or (ii) receives any consideration, either directly or indirectly, from any health insurance issuer in connection with the enrollment of any individuals under this section. (3) Priority \nIn awarding grants under this subsection, the Secretary shall give priority to awarding grants to States or eligible entities in States that have geographic rating areas at risk of having no qualified health plans in the individual market. (4) Funding \nFor purposes of carrying out this subsection, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2024 and for each subsequent fiscal year. (m) No effect on benefits for individuals otherwise eligible or on trust funds \nThe Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). (n) Consultation \nIn promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, insurance companies, and organizations representing first responders..", "id": "id6a0877ae3a4c4a42bedd1271b0e43b41", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395c et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395c" }, { "text": "section 72(t)(10)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/72" }, { "text": "section 5000A", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" } ] } ], "links": [ { "text": "42 U.S.C. 1395c et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395c" }, { "text": "section 72(t)(10)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/72" }, { "text": "section 5000A", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" } ] }, { "text": "1899C. Medicare buy-in option for first responders 50 to 64 years of age who are separated from service due to retirement or disability \n(a) In general \nEvery individual who meets the requirements described in subsection (c) shall be eligible to enroll under this section. (b) Part A, B, and D benefits \nAn individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a Medicare Advantage plan that provides qualified prescription drug coverage (an MA–PD plan). (c) Requirements for eligibility \nThe requirements described in this subsection are the following: (1) The individual is a resident of the United States. (2) The individual is— (A) a citizen or national of the United States; or (B) an alien lawfully admitted for permanent residence. (3) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. (4) The individual has attained 50 years of age but has not attained 65 years of age. (5) The individual is a qualified first responder (as defined in subsection (d)(2)). (d) Definitions \nIn this section: (1) First responder \nThe term first responder means— (A) a qualified law enforcement officer (as defined in section 926B(c) of title 18, United States Code); (B) an employee described in clause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986; or (C) a Federal firefighter described in section 8331(21) or 8401(14) of title 5, United States Code. (2) Qualified first responder \nThe term qualified first responder means a first responder who is separated from service due to retirement or disability. (e) Enrollment and coverage periods \n(1) In general \nThe Secretary shall establish enrollment and coverage periods for individuals who enroll under this section. (2) Coordination \nSuch periods shall be established in coordination with the enrollment and coverage periods for plans offered under an Exchange established under title I of the Patient Protection and Affordable Care Act and plans under parts C and D. If the Secretary determines appropriate, the Secretary may expand such enrollment periods beyond the enrollment periods under such an Exchange or under parts C and D. (3) Beginning of coverage and special enrollment periods \nThe Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the first year beginning at least 1 year after the date of the enactment of this section and shall include special enrollment periods, in accordance with section 155.420 of title 45 of the Code of Federal Regulations, that are applicable to qualified health plans offered through an Exchange. (f) Premium \n(1) Amount of monthly premiums \nThe Secretary shall (beginning for the first year that begins more than 1 year after the date of enactment of this section) determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to 1⁄12 of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. (2) Annual premium \n(A) Combined per capita average for all medicare benefits \nThe Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D (including, as applicable, under part C) in the year for all individuals enrolled under this section. (B) Annual premium \nThe annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for certain part C and D plans \nNothing in this section shall preclude an individual from choosing a Medicare Advantage plan or a prescription drug plan which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. (g) Payment of premiums \n(1) In general \nPremiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit \nAmounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. (h) Not eligible for Medicare cost-Sharing assistance \nAn individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. (i) Treatment in relation to the Affordable Care Act \n(1) Satisfaction of individual mandate \nFor purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. (2) Eligibility for premium assistance \nCoverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986, other than subsection (c)(2)(B) thereof; and (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. (3) Second lowest cost silver plan \nThe Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of the Internal Revenue Code of 1986. (4) Eligibility for cost-sharing subsidies \nFor purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 )— (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (5) Medicaid managed care \nStates are prohibited from buying their Medicaid beneficiaries ages 50 to 64 into Medicare under this section, and individuals otherwise eligible for enrollment under a State plan under title XIX are prohibited from coverage under this title pursuant to enrollment under this section. The preceding sentence shall not apply to Medicaid beneficiaries whose Medicaid coverage or eligibility does not meet the definition of minimum essential coverage under a government-sponsored program under section 1.5000A–2 of title 26, Code of Federal Regulations (or any successor regulation). (6) Coordination with market reforms, etc \nNotwithstanding Treasury Notice 2015–17, no provision of law shall prevent an employer from maintaining an arrangement under which the employer pays or reimburses any portion of the premiums for coverage under this section for retired employees of the employer, or prevent such payment or reimbursement from being excluded from the gross income of the individual enrolled in such coverage for purposes of the Internal Revenue Code of 1986. (j) Guaranteed issue of Medigap policies upon first enrollment and each subsequent enrollment \nIn the case of an individual who enrolls under this section (including an individual who was previously enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii), and (3)(B)(vi) of section 1882(s)— (1) shall be applied by substituting 50 for 65 ; (2) if the individual was enrolled under this section and subsequently disenrolls, shall apply each time the individual subsequently reenrolls under this section as if the individual had attained 50 years of age on the date of such reenrollment (and as if the individual had never previously enrolled in a Medicare supplemental policy); and (3) shall be applied as if this section had not been enacted (and as if the individual had never previously enrolled in a Medicare supplemental policy) when the individual attains 65 years of age. (k) Oversight \nThere is established an advisory committee to be known as the Medicare Buy In Oversight Board to monitor and oversee the implementation of this section, including the experience of the individuals enrolling under this section. The Medicare Buy In Oversight Board shall have members that include representatives of insurers, actuaries, consumer advocacy organizations, and individuals representing the first responder community, and shall make periodic recommendations for the continual improvement of the implementation of this section as well as the relationship of enrollment under this section to other health care programs. (l) Outreach and enrollment \n(1) In general \nDuring the period that begins on January 1, 2024, and ends on December 31, 2026, the Secretary shall award grants to eligible entities for the following purposes: (A) Outreach and enrollment \nTo carry out outreach, public education activities, and enrollment activities to raise awareness of the availability of, and encourage, enrollment under this section. (B) Assisting individuals' transition under this section \nTo provide assistance to individuals to enroll under this section. (C) Raising awareness of premium assistance and cost-sharing reductions \nTo distribute fair and impartial information concerning enrollment under this section and the availability of premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, and to assist eligible individuals in applying for such tax credits and cost-sharing reductions. (2) Eligible entities \n(A) In general \nIn this subsection, the term eligible entity means— (i) a State; (ii) a nonprofit community-based organization; or (iii) a nonprofit first responder organization. (B) Enrollment agents \nSuch term includes a licensed independent insurance agent or broker that has an arrangement with a State, nonprofit community-based organization, or nonprofit first responder organization to enroll eligible individuals under this section. (C) Exclusions \nSuch term does not include an entity that— (i) is a health insurance issuer; or (ii) receives any consideration, either directly or indirectly, from any health insurance issuer in connection with the enrollment of any individuals under this section. (3) Priority \nIn awarding grants under this subsection, the Secretary shall give priority to awarding grants to States or eligible entities in States that have geographic rating areas at risk of having no qualified health plans in the individual market. (4) Funding \nFor purposes of carrying out this subsection, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2024 and for each subsequent fiscal year. (m) No effect on benefits for individuals otherwise eligible or on trust funds \nThe Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). (n) Consultation \nIn promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, insurance companies, and organizations representing first responders.", "id": "id65fe7fc28c0c4fec8766a339405baf8f", "header": "Medicare buy-in option for first responders 50 to 64 years of age who are separated from service due to retirement or disability", "nested": [ { "text": "(a) In general \nEvery individual who meets the requirements described in subsection (c) shall be eligible to enroll under this section.", "id": "idcd01694801e64926b415a24d9e63946c", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Part A, B, and D benefits \nAn individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a Medicare Advantage plan that provides qualified prescription drug coverage (an MA–PD plan).", "id": "idd09f10d46c2d4dc28b4cdb7155c24daf", "header": "Part A, B, and D benefits", "nested": [], "links": [] }, { "text": "(c) Requirements for eligibility \nThe requirements described in this subsection are the following: (1) The individual is a resident of the United States. (2) The individual is— (A) a citizen or national of the United States; or (B) an alien lawfully admitted for permanent residence. (3) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. (4) The individual has attained 50 years of age but has not attained 65 years of age. (5) The individual is a qualified first responder (as defined in subsection (d)(2)).", "id": "id2eb44f9d43f149a4b6a7265711d25929", "header": "Requirements for eligibility", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) First responder \nThe term first responder means— (A) a qualified law enforcement officer (as defined in section 926B(c) of title 18, United States Code); (B) an employee described in clause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986; or (C) a Federal firefighter described in section 8331(21) or 8401(14) of title 5, United States Code. (2) Qualified first responder \nThe term qualified first responder means a first responder who is separated from service due to retirement or disability.", "id": "id0d2dc3ef63654305a890f6f64e0303c1", "header": "Definitions", "nested": [], "links": [ { "text": "section 72(t)(10)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/72" } ] }, { "text": "(e) Enrollment and coverage periods \n(1) In general \nThe Secretary shall establish enrollment and coverage periods for individuals who enroll under this section. (2) Coordination \nSuch periods shall be established in coordination with the enrollment and coverage periods for plans offered under an Exchange established under title I of the Patient Protection and Affordable Care Act and plans under parts C and D. If the Secretary determines appropriate, the Secretary may expand such enrollment periods beyond the enrollment periods under such an Exchange or under parts C and D. (3) Beginning of coverage and special enrollment periods \nThe Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the first year beginning at least 1 year after the date of the enactment of this section and shall include special enrollment periods, in accordance with section 155.420 of title 45 of the Code of Federal Regulations, that are applicable to qualified health plans offered through an Exchange.", "id": "id740353c92aec4df58707e7a5d8f7c6d1", "header": "Enrollment and coverage periods", "nested": [], "links": [] }, { "text": "(f) Premium \n(1) Amount of monthly premiums \nThe Secretary shall (beginning for the first year that begins more than 1 year after the date of enactment of this section) determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to 1⁄12 of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. (2) Annual premium \n(A) Combined per capita average for all medicare benefits \nThe Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D (including, as applicable, under part C) in the year for all individuals enrolled under this section. (B) Annual premium \nThe annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for certain part C and D plans \nNothing in this section shall preclude an individual from choosing a Medicare Advantage plan or a prescription drug plan which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium.", "id": "id28f8deb0b1c3474e8e2ab27f8120c2ca", "header": "Premium", "nested": [], "links": [] }, { "text": "(g) Payment of premiums \n(1) In general \nPremiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit \nAmounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate.", "id": "id72441b38391441cf9377c7ec0f3696ca", "header": "Payment of premiums", "nested": [], "links": [] }, { "text": "(h) Not eligible for Medicare cost-Sharing assistance \nAn individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX.", "id": "id53bddee2d4a7419aacc0533bf4aea9cf", "header": "Not eligible for Medicare cost-Sharing assistance", "nested": [], "links": [] }, { "text": "(i) Treatment in relation to the Affordable Care Act \n(1) Satisfaction of individual mandate \nFor purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. (2) Eligibility for premium assistance \nCoverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986, other than subsection (c)(2)(B) thereof; and (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. (3) Second lowest cost silver plan \nThe Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of the Internal Revenue Code of 1986. (4) Eligibility for cost-sharing subsidies \nFor purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 )— (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (5) Medicaid managed care \nStates are prohibited from buying their Medicaid beneficiaries ages 50 to 64 into Medicare under this section, and individuals otherwise eligible for enrollment under a State plan under title XIX are prohibited from coverage under this title pursuant to enrollment under this section. The preceding sentence shall not apply to Medicaid beneficiaries whose Medicaid coverage or eligibility does not meet the definition of minimum essential coverage under a government-sponsored program under section 1.5000A–2 of title 26, Code of Federal Regulations (or any successor regulation). (6) Coordination with market reforms, etc \nNotwithstanding Treasury Notice 2015–17, no provision of law shall prevent an employer from maintaining an arrangement under which the employer pays or reimburses any portion of the premiums for coverage under this section for retired employees of the employer, or prevent such payment or reimbursement from being excluded from the gross income of the individual enrolled in such coverage for purposes of the Internal Revenue Code of 1986.", "id": "id465d3d81208b40b796c148aff97f0a8b", "header": "Treatment in relation to the Affordable Care Act", "nested": [], "links": [ { "text": "section 5000A", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" } ] }, { "text": "(j) Guaranteed issue of Medigap policies upon first enrollment and each subsequent enrollment \nIn the case of an individual who enrolls under this section (including an individual who was previously enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii), and (3)(B)(vi) of section 1882(s)— (1) shall be applied by substituting 50 for 65 ; (2) if the individual was enrolled under this section and subsequently disenrolls, shall apply each time the individual subsequently reenrolls under this section as if the individual had attained 50 years of age on the date of such reenrollment (and as if the individual had never previously enrolled in a Medicare supplemental policy); and (3) shall be applied as if this section had not been enacted (and as if the individual had never previously enrolled in a Medicare supplemental policy) when the individual attains 65 years of age.", "id": "idfbb584c531d64efea06c6725aa60e685", "header": "Guaranteed issue of Medigap policies upon first enrollment and each subsequent enrollment", "nested": [], "links": [] }, { "text": "(k) Oversight \nThere is established an advisory committee to be known as the Medicare Buy In Oversight Board to monitor and oversee the implementation of this section, including the experience of the individuals enrolling under this section. The Medicare Buy In Oversight Board shall have members that include representatives of insurers, actuaries, consumer advocacy organizations, and individuals representing the first responder community, and shall make periodic recommendations for the continual improvement of the implementation of this section as well as the relationship of enrollment under this section to other health care programs.", "id": "idb8fb3af7fb004a04aefabd89a70a5aa7", "header": "Oversight", "nested": [], "links": [] }, { "text": "(l) Outreach and enrollment \n(1) In general \nDuring the period that begins on January 1, 2024, and ends on December 31, 2026, the Secretary shall award grants to eligible entities for the following purposes: (A) Outreach and enrollment \nTo carry out outreach, public education activities, and enrollment activities to raise awareness of the availability of, and encourage, enrollment under this section. (B) Assisting individuals' transition under this section \nTo provide assistance to individuals to enroll under this section. (C) Raising awareness of premium assistance and cost-sharing reductions \nTo distribute fair and impartial information concerning enrollment under this section and the availability of premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, and to assist eligible individuals in applying for such tax credits and cost-sharing reductions. (2) Eligible entities \n(A) In general \nIn this subsection, the term eligible entity means— (i) a State; (ii) a nonprofit community-based organization; or (iii) a nonprofit first responder organization. (B) Enrollment agents \nSuch term includes a licensed independent insurance agent or broker that has an arrangement with a State, nonprofit community-based organization, or nonprofit first responder organization to enroll eligible individuals under this section. (C) Exclusions \nSuch term does not include an entity that— (i) is a health insurance issuer; or (ii) receives any consideration, either directly or indirectly, from any health insurance issuer in connection with the enrollment of any individuals under this section. (3) Priority \nIn awarding grants under this subsection, the Secretary shall give priority to awarding grants to States or eligible entities in States that have geographic rating areas at risk of having no qualified health plans in the individual market. (4) Funding \nFor purposes of carrying out this subsection, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, such sums as are necessary for fiscal year 2024 and for each subsequent fiscal year.", "id": "idac28efd5692f45bc9683183a984fbcaa", "header": "Outreach and enrollment", "nested": [], "links": [ { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" } ] }, { "text": "(m) No effect on benefits for individuals otherwise eligible or on trust funds \nThe Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund).", "id": "id45bdd21d81ef4074b8a5ac59e0f70082", "header": "No effect on benefits for individuals otherwise eligible or on trust funds", "nested": [], "links": [] }, { "text": "(n) Consultation \nIn promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, insurance companies, and organizations representing first responders.", "id": "id986dac98353e49438a7c17fa868b3063", "header": "Consultation", "nested": [], "links": [] } ], "links": [ { "text": "section 72(t)(10)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/72" }, { "text": "section 5000A", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" } ] } ]

[ "Advisory bodies", "Disability and paralysis", "Fires", "First responders and emergency personnel", "Government trust funds", "Health care costs and insurance", "Health care coverage and access", "Health programs administration and funding", "Law enforcement officers", "Medicaid", "Medicare" ]

[ { "text": "1. Short title \nThis Act may be cited as the Responsible Wildland Fire Recovery Act.", "id": "id584044b0cd104ac498e6fc3f1081992b", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to ensure that victims of wildland fires resulting from management activities conducted by the Department of Agriculture on National Forest System land are eligible to receive 100 percent funding for the cost of remediating direct and indirect damages under authorized Federal recovery programs.", "id": "ida4c8c368223840158306c18cf3b4cada", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Cost-share waiver for rehabilitation from wildland fires \n(a) Definitions \nIn this section: (1) Covered matching requirement \nThe term covered matching requirement means a requirement under a program of the Secretary for wildland fire recovery for a State, Indian Tribe, locality, or individual to provide matching funds, in cash, for a project. (2) Covered wildland fire \nThe term covered wildland fire means a wildland fire that the Secretary determines to be a result of management activities conducted by the Secretary on National Forest System land. (3) Secretary \nThe term Secretary means the Secretary of Agriculture. (4) Wildland fire \n(A) In general \nThe term wildland fire means any non-structure fire that occurs in vegetation or natural fuels. (B) Inclusions \nThe term wildland fire includes wildfire, prescribed fire, and any direct or indirect damage resulting in watershed impairment. (b) Waiver \nNotwithstanding any other provision of law, the Secretary may waive any covered matching requirement for a project in response to a covered wildland fire that is in an area affected by that covered wildland fire.", "id": "id724a2664e4ad4fc18a162d8922c86e50", "header": "Cost-share waiver for rehabilitation from wildland fires", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Covered matching requirement \nThe term covered matching requirement means a requirement under a program of the Secretary for wildland fire recovery for a State, Indian Tribe, locality, or individual to provide matching funds, in cash, for a project. (2) Covered wildland fire \nThe term covered wildland fire means a wildland fire that the Secretary determines to be a result of management activities conducted by the Secretary on National Forest System land. (3) Secretary \nThe term Secretary means the Secretary of Agriculture. (4) Wildland fire \n(A) In general \nThe term wildland fire means any non-structure fire that occurs in vegetation or natural fuels. (B) Inclusions \nThe term wildland fire includes wildfire, prescribed fire, and any direct or indirect damage resulting in watershed impairment.", "id": "iddd12faa8f5c24f80a549a31a441ccb11", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Waiver \nNotwithstanding any other provision of law, the Secretary may waive any covered matching requirement for a project in response to a covered wildland fire that is in an area affected by that covered wildland fire.", "id": "id7ea762d47a3649bdb52c6f2e07d7ceaf", "header": "Waiver", "nested": [], "links": [] } ], "links": [] } ]

[ "Disaster relief and insurance", "Fires", "Forests, forestry, trees" ]

[ { "text": "1. Short title \nThis Act may be cited as the I–27 Numbering Act of 2023.", "id": "H39D0BFCAF2D641C08A8B1D59F854207A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Numbering of designated future Interstate \n(a) In general \nSection 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ) is amended by inserting The routes referred to in clause (i) (other than subclauses (V)(aa) and (V)(bb) and subclause (IX)(aa) of that clause) and clause (iv) of subsection (c)(38)(A) are designated as Interstate Route I–27. The route referred to in subsection (c)(38)(A)(i)(V)(aa) is designated as Interstate Route I–27E. The route referred to in subsection (c)(38)(A)(i)(V)(bb) is designated as Interstate Route I–27W. The route referred to in subsection (c)(38)(A)(i)(IX)(aa) is designated as Interstate Route I–127N. before The route referred to in subsection (c)(45). (b) Conforming amendments \nSection 1105(c)(38)(A)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ) is amended— (1) in subclause (V)— (A) by striking Lamesa, the Corridor and inserting the following: Lamesa— (aa) the Corridor ; and (B) in item (aa) (as so redesignated), by striking 87 and, the Corridor and inserting the following: 87; and (bb) the Corridor ; and (2) in subclause (IX)— (A) by striking (IX) United States Route 287 and inserting the following: (IX) (aa) United States Route 287 ; and (B) in item (aa) (as so redesignated), by striking Oklahoma, and also United States Route 87 and inserting the following: Oklahoma; and (bb) United States Route 87.", "id": "HE3A56B0A24F644B5927DE821E3F553CA", "header": "Numbering of designated future Interstate", "nested": [ { "text": "(a) In general \nSection 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ) is amended by inserting The routes referred to in clause (i) (other than subclauses (V)(aa) and (V)(bb) and subclause (IX)(aa) of that clause) and clause (iv) of subsection (c)(38)(A) are designated as Interstate Route I–27. The route referred to in subsection (c)(38)(A)(i)(V)(aa) is designated as Interstate Route I–27E. The route referred to in subsection (c)(38)(A)(i)(V)(bb) is designated as Interstate Route I–27W. The route referred to in subsection (c)(38)(A)(i)(IX)(aa) is designated as Interstate Route I–127N. before The route referred to in subsection (c)(45).", "id": "H953184C5B3B947D5B6BF108C1A658DCE", "header": "In general", "nested": [], "links": [ { "text": "Public Law 102–240", "legal-doc": "public-law", "parsable-cite": "pl/102/240" } ] }, { "text": "(b) Conforming amendments \nSection 1105(c)(38)(A)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ) is amended— (1) in subclause (V)— (A) by striking Lamesa, the Corridor and inserting the following: Lamesa— (aa) the Corridor ; and (B) in item (aa) (as so redesignated), by striking 87 and, the Corridor and inserting the following: 87; and (bb) the Corridor ; and (2) in subclause (IX)— (A) by striking (IX) United States Route 287 and inserting the following: (IX) (aa) United States Route 287 ; and (B) in item (aa) (as so redesignated), by striking Oklahoma, and also United States Route 87 and inserting the following: Oklahoma; and (bb) United States Route 87.", "id": "HFAEFECFDADDF464BB9A7E3E1703057B7", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Public Law 102–240", "legal-doc": "public-law", "parsable-cite": "pl/102/240" } ] } ], "links": [ { "text": "Public Law 102–240", "legal-doc": "public-law", "parsable-cite": "pl/102/240" }, { "text": "Public Law 102–240", "legal-doc": "public-law", "parsable-cite": "pl/102/240" } ] } ]

[ "Geography and mapping", "New Mexico", "Oklahoma", "Roads and highways", "Texas" ]

[ { "text": "1. Short title \nThis Act may be cited as the Keep Americans Safe Act.", "id": "ID38efa24d7b1241a99c445ac0bb0e0d9e", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nSection 921(a) of title 18, United States Code, is amended by adding at the end the following: (38) The term large capacity ammunition feeding device — (A) means a magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition. (39) The term qualified law enforcement officer has the meaning given the term in section 926B..", "id": "idB358F23B9F404E71B1792969BB70574F", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Restrictions on large capacity ammunition feeding devices \n(a) In general \nSection 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Keep Americans Safe Act. (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off-duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off-duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(A), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer.. (b) Identification markings for large capacity ammunition feeding devices \nSection 923(i) of title 18, United States Code, is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Keep Americans Safe Act shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.. (c) Seizure and forfeiture of large capacity ammunition feeding devices \nSection 924(d) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the first sentence— (i) by striking Any firearm or ammunition involved in and inserting Any firearm or ammunition or large capacity ammunition feeding device involved in ; (ii) by striking or (k) and inserting (k), or (v) ; and (iii) by striking any firearm or ammunition intended and inserting any firearm or ammunition or large capacity ammunition feeding device intended ; and (B) by inserting or large capacity ammunition feeding devices after firearms or ammunition each place the term appears; (2) in paragraph (2)— (A) in subparagraph (A), by inserting or large capacity ammunition feeding devices after firearms or ammunition ; and (B) in subparagraph (C), by inserting or large capacity ammunition feeding devices after firearms or quantities of ammunition ; and (3) in paragraph (3)(E), by inserting 922(v), after 922(n),.", "id": "ID82e18a34be8e4ef3aa71161efa70cb37", "header": "Restrictions on large capacity ammunition feeding devices", "nested": [ { "text": "(a) In general \nSection 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Keep Americans Safe Act. (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off-duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off-duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(A), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer..", "id": "id825F2277CD2849619EEE7845E4ED2E31", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "20 U.S.C. 1070 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070" } ] }, { "text": "(b) Identification markings for large capacity ammunition feeding devices \nSection 923(i) of title 18, United States Code, is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Keep Americans Safe Act shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe..", "id": "id8016DADB8EDF434693A4D7CD2B7B9193", "header": "Identification markings for large capacity ammunition feeding devices", "nested": [], "links": [] }, { "text": "(c) Seizure and forfeiture of large capacity ammunition feeding devices \nSection 924(d) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the first sentence— (i) by striking Any firearm or ammunition involved in and inserting Any firearm or ammunition or large capacity ammunition feeding device involved in ; (ii) by striking or (k) and inserting (k), or (v) ; and (iii) by striking any firearm or ammunition intended and inserting any firearm or ammunition or large capacity ammunition feeding device intended ; and (B) by inserting or large capacity ammunition feeding devices after firearms or ammunition each place the term appears; (2) in paragraph (2)— (A) in subparagraph (A), by inserting or large capacity ammunition feeding devices after firearms or ammunition ; and (B) in subparagraph (C), by inserting or large capacity ammunition feeding devices after firearms or quantities of ammunition ; and (3) in paragraph (3)(E), by inserting 922(v), after 922(n),.", "id": "id07FC9EE53F6640679E58F9C6F1A308FE", "header": "Seizure and forfeiture of large capacity ammunition feeding devices", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "20 U.S.C. 1070 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070" } ] }, { "text": "4. Penalties \nSection 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) and inserting (q), or (v).", "id": "IDab7022d0a6ef44ac817487b99423bbcc", "header": "Penalties", "nested": [], "links": [] }, { "text": "5. Use of Byrne grants for buy-back programs for large capacity ammunition feeding devices \nSection 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a)(1) ) is amended by adding at the end the following: (J) Compensation for surrendered large capacity ammunition feeding devices, as that term is defined in section 921 of title 18, United States Code, under buy-back programs for large capacity ammunition feeding devices..", "id": "id5B46894C9F444223A47BE71B84403FCD", "header": "Use of Byrne grants for buy-back programs for large capacity ammunition feeding devices", "nested": [], "links": [ { "text": "34 U.S.C. 10152(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/34/10152" } ] }, { "text": "6. Severability \nIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.", "id": "id38C0D72683644C228A4C4F317ACA3A55", "header": "Severability", "nested": [], "links": [] } ]

[ "Civil actions and liability", "Firearms and explosives", "Law enforcement administration and funding", "Retail and wholesale trades", "Trade restrictions" ]

[ { "text": "1. Short title \nThis Act may be cited as the Stop Fentanyl Border Crossings Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Protection of public health \nSection 362 of the Public Health Service Act ( 42 U.S.C. 265 ) is amended— (1) by striking Whenever the and inserting the following: (a) In general \nWhenever the ; and (2) by adding at the end the following: (b) Suspensions relating to illicit drugs \nWhenever the Secretary determines that by reason of the existence of substantial illicit drug smuggling from a foreign country there is serious danger of the introduction of such drugs into the United States, and that this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce such persons and property is required in the interest of the public health, the Secretary, in accordance with regulations promulgated by the Secretary, shall have the power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to avert such danger, and for such period of time as he may deem necessary for such purpose..", "id": "id869A3CC9C2CE4F5C813A045B9FD626E4", "header": "Protection of public health", "nested": [], "links": [ { "text": "42 U.S.C. 265", "legal-doc": "usc", "parsable-cite": "usc/42/265" } ] } ]

[ "Border security and unlawful immigration", "Drug trafficking and controlled substances", "Trade restrictions" ]

[ { "text": "1. Brigadier General John T. Wilder Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 231 North Franklin Street in Greensburg, Indiana, shall be known and designated as the Brigadier General John T. Wilder Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Brigadier General John T. Wilder Post Office.", "id": "S1", "header": "Brigadier General John T. Wilder Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 231 North Franklin Street in Greensburg, Indiana, shall be known and designated as the Brigadier General John T. Wilder Post Office.", "id": "id063e90ca15654fa0b4633191c434cead", "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 Brigadier General John T. Wilder Post Office.", "id": "id31add6b4153849b4a0d45134e53f649b", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Congressional tributes", "Government buildings, facilities, and property", "Indiana", "Postal service" ]

[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2023 or the DISCLOSE 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. Findings. TITLE I—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 101. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 102. Study and report on illicit foreign money in Federal elections. Sec. 103. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 104. Disbursements and activities subject to foreign money ban. Sec. 105. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. TITLE II—Reporting of Campaign-Related Disbursements Sec. 201. Reporting of campaign-related disbursements. Sec. 202. Reporting of Federal judicial nomination disbursements. Sec. 203. Coordination with FinCEN. Sec. 204. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 205. Sense of Congress regarding implementation. Sec. 206. Effective date. TITLE III—Other Administrative Reforms Sec. 301. Petition for certiorari. Sec. 302. Judicial review of actions related to campaign finance laws. Sec. 303. Effective date. TITLE IV—Stand by every ad Sec. 401. Short title. Sec. 402. Stand by every ad. Sec. 403. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 404. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 405. Effective date. TITLE V—Severability Sec. 501. Severability.", "id": "S1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2023 or the DISCLOSE Act of 2023.", "id": "idE7B10B3EC0D94AF49ED3A6F45C47664D", "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. Findings. TITLE I—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 101. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 102. Study and report on illicit foreign money in Federal elections. Sec. 103. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 104. Disbursements and activities subject to foreign money ban. Sec. 105. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. TITLE II—Reporting of Campaign-Related Disbursements Sec. 201. Reporting of campaign-related disbursements. Sec. 202. Reporting of Federal judicial nomination disbursements. Sec. 203. Coordination with FinCEN. Sec. 204. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 205. Sense of Congress regarding implementation. Sec. 206. Effective date. TITLE III—Other Administrative Reforms Sec. 301. Petition for certiorari. Sec. 302. Judicial review of actions related to campaign finance laws. Sec. 303. Effective date. TITLE IV—Stand by every ad Sec. 401. Short title. Sec. 402. Stand by every ad. Sec. 403. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 404. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 405. Effective date. TITLE V—Severability Sec. 501. Severability.", "id": "id3F667C30A5A74677AC558925CD21A166", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Campaign finance disclosure is a narrowly tailored and minimally restrictive means to advance substantial government interests, including fostering an informed electorate capable of engaging in self-government and holding their elected officials accountable, detecting and deterring quid pro quo corruption, and identifying information necessary to enforce other campaign finance laws, including campaign contribution limits and the prohibition on foreign money in U.S. campaigns. To further these substantial interests, campaign finance disclosure must be timely and complete, and must disclose the true and original source of money given, transferred, and spent to influence Federal elections. Current law does not meet this objective because corporations and other entities that the Supreme Court has permitted to spend money to influence Federal elections are subject to few if any transparency requirements. (2) As the Supreme Court recognized in its per curiam opinion in Buckley v. Valeo, 424 U.S. 1, (1976), disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist. Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court reiterated that disclosure is a less restrictive alternative to more comprehensive regulations of speech. 558 U.S. 310, 369 (2010). (3) No subsequent decision has called these holdings into question, including the Court’s decision in Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That case did not involve campaign finance disclosure, and the Court did not overturn its longstanding recognition of the substantial interests furthered by such disclosure. (4) Campaign finance disclosure is also essential to enforce the Federal Election Campaign Act’s prohibition on contributions by and solicitations of foreign nationals. See section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ). (5) Congress should close loopholes allowing spending by foreign nationals in domestic elections. For example, in 2021, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, found reason to believe and conciliated a matter where an experienced political consultant knowingly and willfully violated Federal law by soliciting a contribution from a foreign national by offering to transmit a $2,000,000 contribution to a super PAC through his company and two 501(c)(4) organizations, to conceal the origin of the funds. This scheme was only unveiled after appearing in a The Telegraph UK article and video capturing the solicitation. See Conciliation Agreement, MURs 7165 & 7196 (Great America PAC, et al.), date June 28, 2021; Factual and Legal Analysis, MURs 7165 & 7196 (Jesse Benton), dated Mar. 2, 2021.", "id": "H6474FB38B5904D909F58B89EF71373DA", "header": "Findings", "nested": [], "links": [ { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "101. Clarification of application of foreign money ban to certain disbursements and activities \nSection 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (2) by striking As used in this section, the term and inserting the following: Definitions.—For purposes of this section— (1) Foreign national \nThe term ; (3) by moving paragraphs (1) and (2) two ems to the right and redesignating them as subparagraphs (A) and (B), respectively; and (4) by adding at the end the following new paragraph: (2) Contribution and donation \nFor purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3))..", "id": "HFF2AB91A835148359740B72440CB30FC", "header": "Clarification of application of foreign money ban to certain disbursements and activities", "nested": [], "links": [ { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "102. Study and report on illicit foreign money in Federal elections \n(a) Study \nFor each 4-year election cycle (beginning with the 4-year election cycle ending in 2020), the Comptroller General shall conduct a study on the incidence of illicit foreign money in all elections for Federal office held during the preceding 4-year election cycle, including what information is known about the presence of such money in elections for Federal office. (b) Report \n(1) In general \nNot later than the applicable date with respect to any 4-year election cycle, the Comptroller General shall submit to the appropriate congressional committees a report on the study conducted under subsection (a). (2) Matters included \nThe report submitted under paragraph (1) shall include a description of the extent to which illicit foreign money was used to target particular groups, including rural communities, African-American and other minority communities, and military and veteran communities, based on such targeting information as is available and accessible to the Comptroller General. (3) Applicable date \nFor purposes of paragraph (1), the term applicable date means— (A) in the case of the 4-year election cycle ending in 2020, the date that is 1 year after the date of the enactment of this Act; and (B) in the case of any other 4-year election cycle, the date that is 1 year after the date on which such 4-year election cycle ends. (c) Definitions \nAs used in this section: (1) 4-year election cycle \nThe term 4-year election cycle means the 4-year period ending on the date of the general election for the offices of President and Vice President. (2) Illicit foreign money \nThe term illicit foreign money means any contribution, donation, expenditure, or disbursement by a foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C.30121(b))) prohibited under such section. (3) Election; Federal office \nThe terms election and Federal office have the meanings given such terms under section 301 of the Federal Election Campaign Act of 1971 ( 53 U.S.C. 30101 ). (4) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on the Judiciary of the Senate. (d) Sunset \nThis section shall not apply to any 4-year election cycle beginning after the election for the offices of President and Vice President in 2032.", "id": "H063A4B6D458B41DD8DB2EE38964FE06C", "header": "Study and report on illicit foreign money in Federal elections", "nested": [ { "text": "(a) Study \nFor each 4-year election cycle (beginning with the 4-year election cycle ending in 2020), the Comptroller General shall conduct a study on the incidence of illicit foreign money in all elections for Federal office held during the preceding 4-year election cycle, including what information is known about the presence of such money in elections for Federal office.", "id": "H5F25888E92C5401A941F71E208D7E5BE", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Report \n(1) In general \nNot later than the applicable date with respect to any 4-year election cycle, the Comptroller General shall submit to the appropriate congressional committees a report on the study conducted under subsection (a). (2) Matters included \nThe report submitted under paragraph (1) shall include a description of the extent to which illicit foreign money was used to target particular groups, including rural communities, African-American and other minority communities, and military and veteran communities, based on such targeting information as is available and accessible to the Comptroller General. (3) Applicable date \nFor purposes of paragraph (1), the term applicable date means— (A) in the case of the 4-year election cycle ending in 2020, the date that is 1 year after the date of the enactment of this Act; and (B) in the case of any other 4-year election cycle, the date that is 1 year after the date on which such 4-year election cycle ends.", "id": "H51C2FF05A39746FFBE34AFAF2DA91619", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Definitions \nAs used in this section: (1) 4-year election cycle \nThe term 4-year election cycle means the 4-year period ending on the date of the general election for the offices of President and Vice President. (2) Illicit foreign money \nThe term illicit foreign money means any contribution, donation, expenditure, or disbursement by a foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C.30121(b))) prohibited under such section. (3) Election; Federal office \nThe terms election and Federal office have the meanings given such terms under section 301 of the Federal Election Campaign Act of 1971 ( 53 U.S.C. 30101 ). (4) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on the Judiciary of the House of Representatives; and (D) the Committee on the Judiciary of the Senate.", "id": "H6EF2FF04156D4895864D474A17856181", "header": "Definitions", "nested": [], "links": [ { "text": "53 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/53/30101" } ] }, { "text": "(d) Sunset \nThis section shall not apply to any 4-year election cycle beginning after the election for the offices of President and Vice President in 2032.", "id": "H892E4EE1CECF482CA44AC4F23C0526F3", "header": "Sunset", "nested": [], "links": [] } ], "links": [ { "text": "53 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/53/30101" } ] }, { "text": "103. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda \n(a) In general \nSection 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ), as amended by section 101, is amended by adding at the end the following new paragraphs: (3) Federal, State, or local election \nThe term Federal, State, or local election includes a State or local ballot initiative or referendum, but only in the case of— (A) a covered foreign national as defined in paragraph (4); or (B) a foreign principal described in section 1(b)(2) or 1(b)(3) of the Foreign Agent Registration Act of 1938, as amended ( 22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a foreign principal under such Act. (4) Covered foreign national \n(A) In general \nThe term covered foreign national means— (i) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) ) that is a government of a foreign country or a foreign political party; (ii) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in clause (i) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in clause (i); or (iii) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in clause (i). (B) Clarification regarding application to citizens of the United States \nIn the case of a citizen of the United States, clause (ii) of subparagraph (A) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in clause (i) of subparagraph (A).. (b) Effective date \nThe amendment made by this section shall apply with respect to elections held in 2024 or any succeeding year.", "id": "H13641067B6A940D8A8C68234F0227B34", "header": "Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda", "nested": [ { "text": "(a) In general \nSection 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ), as amended by section 101, is amended by adding at the end the following new paragraphs: (3) Federal, State, or local election \nThe term Federal, State, or local election includes a State or local ballot initiative or referendum, but only in the case of— (A) a covered foreign national as defined in paragraph (4); or (B) a foreign principal described in section 1(b)(2) or 1(b)(3) of the Foreign Agent Registration Act of 1938, as amended ( 22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a foreign principal under such Act. (4) Covered foreign national \n(A) In general \nThe term covered foreign national means— (i) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) ) that is a government of a foreign country or a foreign political party; (ii) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in clause (i) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in clause (i); or (iii) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in clause (i). (B) Clarification regarding application to citizens of the United States \nIn the case of a citizen of the United States, clause (ii) of subparagraph (A) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in clause (i) of subparagraph (A)..", "id": "HA207B4F36CB64E488F5F84AC853F97F4", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "22 U.S.C. 611(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "22 U.S.C. 611(b)", "legal-doc": "usc", "parsable-cite": "usc/22/611" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply with respect to elections held in 2024 or any succeeding year.", "id": "H1BEC156A7BC4464A90EB7D7D48E38375", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "22 U.S.C. 611(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "22 U.S.C. 611(b)", "legal-doc": "usc", "parsable-cite": "usc/22/611" } ] }, { "text": "104. Disbursements and activities subject to foreign money ban \n(a) Disbursements described \nSection 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ) is amended— (1) by striking or at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: (C) an expenditure; (D) an independent expenditure; (E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); (F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; (G) a disbursement by a covered foreign national (as defined in subsection (b)(4)) for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); (H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in subsection (b)(5)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national (as defined in subsection (b)(4)); (I) a disbursement by a covered foreign national (as defined in subsection (b)(4)) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or (J) a disbursement by a covered foreign national (as defined in subsection (b)(4)) for a Federal judicial nomination communication (as defined in section 324(g)(2));. (b) Definition of online platform \nSection 319(b) of such Act ( 52 U.S.C. 30121(b) ), as amended by sections 101 and 103, is amended by adding at the end the following new paragraph: (5) Online platform \n(A) In general \nFor purposes of this section, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption \nSuch term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined \nFor purposes of this subsection, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites.. (c) Effective date \nThe amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act.", "id": "HF401219007724A93B6536C3FF2CF75EF", "header": "Disbursements and activities subject to foreign money ban", "nested": [ { "text": "(a) Disbursements described \nSection 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ) is amended— (1) by striking or at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: (C) an expenditure; (D) an independent expenditure; (E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); (F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; (G) a disbursement by a covered foreign national (as defined in subsection (b)(4)) for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); (H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in subsection (b)(5)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national (as defined in subsection (b)(4)); (I) a disbursement by a covered foreign national (as defined in subsection (b)(4)) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or (J) a disbursement by a covered foreign national (as defined in subsection (b)(4)) for a Federal judicial nomination communication (as defined in section 324(g)(2));.", "id": "H7DAA6A7D721F48EF96E4EB97F7CB55CF", "header": "Disbursements described", "nested": [], "links": [ { "text": "52 U.S.C. 30121(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(b) Definition of online platform \nSection 319(b) of such Act ( 52 U.S.C. 30121(b) ), as amended by sections 101 and 103, is amended by adding at the end the following new paragraph: (5) Online platform \n(A) In general \nFor purposes of this section, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption \nSuch term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined \nFor purposes of this subsection, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites..", "id": "id11FC33F77D11406285F3D5E7F57AAA7B", "header": "Definition of online platform", "nested": [], "links": [ { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act.", "id": "H6319F2FE52CA4D4DB6C9A78DF7CA85AA", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "52 U.S.C. 30121(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "105. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals \n(a) Prohibition \nChapter 29 of title 18, United States Code is amended by adding at the end the following: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals \n(a) Offense \nIt shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319. (b) Penalty \nAny person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.. (b) Table of sections \nThe table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals..", "id": "HD3A4E27448E44DAF8140A737FF15F645", "header": "Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals", "nested": [ { "text": "(a) Prohibition \nChapter 29 of title 18, United States Code is amended by adding at the end the following: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals \n(a) Offense \nIt shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319. (b) Penalty \nAny person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both..", "id": "HC044DF08C4A44E16A9671D085EE8A1EA", "header": "Prohibition", "nested": [], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" }, { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(b) Table of sections \nThe table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals..", "id": "HCCAE876890784DB9B89BF8625E147BF6", "header": "Table of sections", "nested": [], "links": [ { "text": "chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" } ] } ], "links": [ { "text": "Chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" }, { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" }, { "text": "chapter 29", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/29" } ] }, { "text": "612. Establishment of corporation to conceal election contributions and donations by foreign nationals \n(a) Offense \nIt shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319. (b) Penalty \nAny person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.", "id": "H4DEE76080C8643E39F22BE6AA96B9873", "header": "Establishment of corporation to conceal election contributions and donations by foreign nationals", "nested": [ { "text": "(a) Offense \nIt shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319.", "id": "HA1B0EC99EFCB4B4AA7DD31DEBC8CC742", "header": "Offense", "nested": [], "links": [ { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "(b) Penalty \nAny person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.", "id": "H7C37EEB2C70B40F0ACBE28F83C8FE5CC", "header": "Penalty", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30121", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "201. Reporting of campaign-related disbursements \n(a) In general \nSection 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations \n(a) Disclosure statement \n(1) In general \nAny covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described \nThe information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and if such communication is in support of or in opposition to the identified candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a campaign-related disbursement segregated fund, for each payment made to the account by a person other than the covered organization— (I) the name and address of each person who made such payment to the account during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a campaign-related disbursement segregated fund, for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions \n(A) Amounts received in ordinary course of business \nThe requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds \nThe requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (C) Threat of harassment or reprisal \nThe requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions \nFor purposes of this section: (A) Beneficial owner defined \n(i) In general \nExcept as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions \nThe term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule \nThe exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Campaign-related disbursement segregated fund \nThe term campaign-related disbursement segregated fund means a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account. (C) Disclosure date \nThe term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (D) Election reporting cycle \nThe term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. (E) Payment \nThe term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions \n(1) Other reports filed with the Commission \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund \nA campaign-related disbursement segregated fund may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing \nStatements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined \n(1) In general \nIn this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A covered transfer. (2) Applicable public communications \n(A) In general \nThe term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception \nSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (e) Covered organization defined \nIn this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined \n(1) In general \nIn this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or (D) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions \nThe term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates \n(A) Special rule \nA transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates \nIn determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates \nA transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status \nFor purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations \nThis paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements \nExcept as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements.. (b) Conforming amendment \nSection 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement. (c) Regulations \nNot later than 6 months after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations relating the application of the exemption under section 324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by subsection (a)). Such regulations— (1) shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section 324(a)(1) of such Act (as added by subsection (a)), and (2) shall be consistent with the principles applied in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).", "id": "H0A34CDFBECE7400DABEC094F4901338E", "header": "Reporting of campaign-related disbursements", "nested": [ { "text": "(a) In general \nSection 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations \n(a) Disclosure statement \n(1) In general \nAny covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described \nThe information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and if such communication is in support of or in opposition to the identified candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a campaign-related disbursement segregated fund, for each payment made to the account by a person other than the covered organization— (I) the name and address of each person who made such payment to the account during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a campaign-related disbursement segregated fund, for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions \n(A) Amounts received in ordinary course of business \nThe requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds \nThe requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (C) Threat of harassment or reprisal \nThe requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions \nFor purposes of this section: (A) Beneficial owner defined \n(i) In general \nExcept as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions \nThe term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule \nThe exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Campaign-related disbursement segregated fund \nThe term campaign-related disbursement segregated fund means a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account. (C) Disclosure date \nThe term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (D) Election reporting cycle \nThe term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. (E) Payment \nThe term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions \n(1) Other reports filed with the Commission \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund \nA campaign-related disbursement segregated fund may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing \nStatements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined \n(1) In general \nIn this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A covered transfer. (2) Applicable public communications \n(A) In general \nThe term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception \nSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (e) Covered organization defined \nIn this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined \n(1) In general \nIn this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or (D) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions \nThe term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates \n(A) Special rule \nA transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates \nIn determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates \nA transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status \nFor purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations \nThis paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements \nExcept as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements..", "id": "HD94C8B36695E4D4DA46B69BACC426B11", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" }, { "text": "15 U.S.C. 78l", "legal-doc": "usc", "parsable-cite": "usc/15/78l" }, { "text": "15 U.S.C. 78o(d)", "legal-doc": "usc", "parsable-cite": "usc/15/78o" }, { "text": "section 527(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/527" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 527", "legal-doc": "usc", "parsable-cite": "usc/26/527" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(b) Conforming amendment \nSection 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement.", "id": "H005C9ED0038D4C908A57AB1FBA33763E", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(c) Regulations \nNot later than 6 months after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations relating the application of the exemption under section 324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by subsection (a)). Such regulations— (1) shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section 324(a)(1) of such Act (as added by subsection (a)), and (2) shall be consistent with the principles applied in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).", "id": "HD1916626E58246299D9224DA2A1174B2", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" }, { "text": "15 U.S.C. 78l", "legal-doc": "usc", "parsable-cite": "usc/15/78l" }, { "text": "15 U.S.C. 78o(d)", "legal-doc": "usc", "parsable-cite": "usc/15/78o" }, { "text": "section 527(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/527" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 527", "legal-doc": "usc", "parsable-cite": "usc/26/527" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "52 U.S.C. 30104", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "324. Disclosure of campaign-related disbursements by covered organizations \n(a) Disclosure statement \n(1) In general \nAny covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described \nThe information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and if such communication is in support of or in opposition to the identified candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a campaign-related disbursement segregated fund, for each payment made to the account by a person other than the covered organization— (I) the name and address of each person who made such payment to the account during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a campaign-related disbursement segregated fund, for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions \n(A) Amounts received in ordinary course of business \nThe requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds \nThe requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (C) Threat of harassment or reprisal \nThe requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions \nFor purposes of this section: (A) Beneficial owner defined \n(i) In general \nExcept as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions \nThe term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule \nThe exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Campaign-related disbursement segregated fund \nThe term campaign-related disbursement segregated fund means a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account. (C) Disclosure date \nThe term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (D) Election reporting cycle \nThe term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. (E) Payment \nThe term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions \n(1) Other reports filed with the Commission \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund \nA campaign-related disbursement segregated fund may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing \nStatements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined \n(1) In general \nIn this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A covered transfer. (2) Applicable public communications \n(A) In general \nThe term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception \nSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (e) Covered organization defined \nIn this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined \n(1) In general \nIn this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or (D) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions \nThe term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates \n(A) Special rule \nA transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates \nIn determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates \nA transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status \nFor purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations \nThis paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements \nExcept as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements.", "id": "H82F9F4EE44B743C9A607CFA99CBF57A2", "header": "Disclosure of campaign-related disbursements by covered organizations", "nested": [ { "text": "(a) Disclosure statement \n(1) In general \nAny covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described \nThe information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and if such communication is in support of or in opposition to the identified candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a campaign-related disbursement segregated fund, for each payment made to the account by a person other than the covered organization— (I) the name and address of each person who made such payment to the account during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a campaign-related disbursement segregated fund, for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2024. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions \n(A) Amounts received in ordinary course of business \nThe requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds \nThe requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (C) Threat of harassment or reprisal \nThe requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions \nFor purposes of this section: (A) Beneficial owner defined \n(i) In general \nExcept as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions \nThe term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule \nThe exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Campaign-related disbursement segregated fund \nThe term campaign-related disbursement segregated fund means a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account. (C) Disclosure date \nThe term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (D) Election reporting cycle \nThe term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. (E) Payment \nThe term payment includes any contribution, donation, transfer, payment of dues, or other payment.", "id": "HA028B4F1C0FC4F988931B4F12447422C", "header": "Disclosure statement", "nested": [], "links": [ { "text": "15 U.S.C. 78l", "legal-doc": "usc", "parsable-cite": "usc/15/78l" }, { "text": "15 U.S.C. 78o(d)", "legal-doc": "usc", "parsable-cite": "usc/15/78o" } ] }, { "text": "(b) Coordination with other provisions \n(1) Other reports filed with the Commission \nInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund \nA campaign-related disbursement segregated fund may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986.", "id": "H8DA7CCB4218C4BA2BF6EC1F169834943", "header": "Coordination with other provisions", "nested": [], "links": [ { "text": "section 527(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/527" } ] }, { "text": "(c) Filing \nStatements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304.", "id": "H9F33E148AEDA44F4A02F7AD6B1576848", "header": "Filing", "nested": [], "links": [] }, { "text": "(d) Campaign-Related disbursement defined \n(1) In general \nIn this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A covered transfer. (2) Applicable public communications \n(A) In general \nThe term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception \nSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate.", "id": "H39793186F0E1436DB5C951A78C78249B", "header": "Campaign-Related disbursement defined", "nested": [], "links": [] }, { "text": "(e) Covered organization defined \nIn this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts.", "id": "H42ED5DC90DB04E53B80B586918D9FB79", "header": "Covered organization defined", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 527", "legal-doc": "usc", "parsable-cite": "usc/26/527" } ] }, { "text": "(f) Covered transfer defined \n(1) In general \nIn this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or (D) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions \nThe term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates \n(A) Special rule \nA transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates \nIn determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates \nA transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status \nFor purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations \nThis paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization.", "id": "HC31DB48B7ED8421E85834492054F9DB9", "header": "Covered transfer defined", "nested": [], "links": [ { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(g) No effect on other reporting requirements \nExcept as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements.", "id": "HDB6409C8719A42DE938333531C74C509", "header": "No effect on other reporting requirements", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 78l", "legal-doc": "usc", "parsable-cite": "usc/15/78l" }, { "text": "15 U.S.C. 78o(d)", "legal-doc": "usc", "parsable-cite": "usc/15/78o" }, { "text": "section 527(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/527" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 527", "legal-doc": "usc", "parsable-cite": "usc/26/527" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "202. Reporting of Federal judicial nomination disbursements \n(a) Findings \nCongress makes the following findings: (1) A fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the United States in the justice system. As the Supreme Court held in Caperton v. Massey, there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case. (Caperton v. A. T. Massey Coal Co., 556 U.S. 868, 884 (2009)). (2) Public trust in government is at a historic low. According to polling, most Americans believe that corporations have too much power and influence in politics and the courts. (3) The prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts. Dark money is funding for organizations and political activities that cannot be traced to actual donors. It is made possible by loopholes in our tax laws and regulations, weak oversight by the Internal Revenue Service, and donor-friendly court decisions. (4) Under current law, social welfare organizations and business leagues can use funds to influence elections so long as political activity is not their primary activity. Super PACs can accept and spend unlimited contributions from any non-foreign source. These groups can spend tens of millions of dollars on political activities. Such dark money groups spent an estimated $1,050,000,000 in the 2020 election cycle. (5) Dark money is used to shape judicial decision making. This can take many forms, akin to agency capture: influencing judicial selection by controlling who gets nominated and funding candidate advertisements; creating public relations campaigns aimed at mobilizing the judiciary around particular issues; and drafting law review articles, amicus briefs, and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt. (6) Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. One organization alone has spent nearly $40,000,000 on advertisements supporting or opposing Supreme Court nominees since 2016. (7) Anonymous money spent on judicial nominations is not subject to any disclosure requirements. Federal election laws only regulate contributions and expenditures relating to electoral politics; thus, expenditures, contributions, and advocacy efforts for Federal judgeships are not covered under the Federal Election Campaign Act of 1971. Without more disclosure, the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts. (8) Congress and the American people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the Federal bench. (b) Reporting \nSection 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ), as amended by section 201, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Application to Federal judicial nominations \n(1) In general \nFor purposes of this section— (A) a disbursement by a covered organization for a Federal judicial nomination communication shall be treated as a campaign-related disbursement; and (B) in the case of campaign-related disbursements which are for Federal judicial nomination communications— (i) the dollar amounts in paragraphs (1) and (2) of subsection (a) shall be applied separately with respect to such disbursements and other campaign-related disbursements; (ii) the election reporting cycle shall be the calendar year in which the disbursement for the Federal judicial nomination communication is made; (iii) references to a candidate in subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) shall be treated as references to a nominee for a Federal judge or justice; (iv) the reference to an election in subsection (a)(2)(C) shall be treated as a reference to the nomination of such nominee. (2) Federal judicial nomination communication \n(A) In general \nThe term Federal judicial nomination communication means any communication— (i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. (B) Exception \nSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (C) Intent not required \nA disbursement for an item described in subparagraph (A) shall be treated as a disbursement for a Federal judicial nomination communication regardless of the intent of the person making the disbursement..", "id": "HC2CE6264CFC347958D8A09B0534E6CA5", "header": "Reporting of Federal judicial nomination disbursements", "nested": [ { "text": "(a) Findings \nCongress makes the following findings: (1) A fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the United States in the justice system. As the Supreme Court held in Caperton v. Massey, there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case. (Caperton v. A. T. Massey Coal Co., 556 U.S. 868, 884 (2009)). (2) Public trust in government is at a historic low. According to polling, most Americans believe that corporations have too much power and influence in politics and the courts. (3) The prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts. Dark money is funding for organizations and political activities that cannot be traced to actual donors. It is made possible by loopholes in our tax laws and regulations, weak oversight by the Internal Revenue Service, and donor-friendly court decisions. (4) Under current law, social welfare organizations and business leagues can use funds to influence elections so long as political activity is not their primary activity. Super PACs can accept and spend unlimited contributions from any non-foreign source. These groups can spend tens of millions of dollars on political activities. Such dark money groups spent an estimated $1,050,000,000 in the 2020 election cycle. (5) Dark money is used to shape judicial decision making. This can take many forms, akin to agency capture: influencing judicial selection by controlling who gets nominated and funding candidate advertisements; creating public relations campaigns aimed at mobilizing the judiciary around particular issues; and drafting law review articles, amicus briefs, and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt. (6) Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. One organization alone has spent nearly $40,000,000 on advertisements supporting or opposing Supreme Court nominees since 2016. (7) Anonymous money spent on judicial nominations is not subject to any disclosure requirements. Federal election laws only regulate contributions and expenditures relating to electoral politics; thus, expenditures, contributions, and advocacy efforts for Federal judgeships are not covered under the Federal Election Campaign Act of 1971. Without more disclosure, the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts. (8) Congress and the American people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the Federal bench.", "id": "H836BD1F73AC340F6A71E2077EEF5B64D", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Reporting \nSection 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ), as amended by section 201, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Application to Federal judicial nominations \n(1) In general \nFor purposes of this section— (A) a disbursement by a covered organization for a Federal judicial nomination communication shall be treated as a campaign-related disbursement; and (B) in the case of campaign-related disbursements which are for Federal judicial nomination communications— (i) the dollar amounts in paragraphs (1) and (2) of subsection (a) shall be applied separately with respect to such disbursements and other campaign-related disbursements; (ii) the election reporting cycle shall be the calendar year in which the disbursement for the Federal judicial nomination communication is made; (iii) references to a candidate in subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) shall be treated as references to a nominee for a Federal judge or justice; (iv) the reference to an election in subsection (a)(2)(C) shall be treated as a reference to the nomination of such nominee. (2) Federal judicial nomination communication \n(A) In general \nThe term Federal judicial nomination communication means any communication— (i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. (B) Exception \nSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (C) Intent not required \nA disbursement for an item described in subparagraph (A) shall be treated as a disbursement for a Federal judicial nomination communication regardless of the intent of the person making the disbursement..", "id": "H735CACC9BEC249789D3C2649504780D1", "header": "Reporting", "nested": [], "links": [ { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" } ] } ], "links": [ { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" } ] }, { "text": "203. Coordination with FinCEN \n(a) In general \nThe Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this title. (b) Report \nNot later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324.", "id": "H6FFE9354FB7E4693BEC7EB9551CF9AD7", "header": "Coordination with FinCEN", "nested": [ { "text": "(a) In general \nThe Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this title.", "id": "H69C92F02D1284C7588978A58C832162B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324.", "id": "H9B5F14E8A4BD47348D3E37B39B145DF9", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "204. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers \nSection 319(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ), as amended by section 101, is amended— (1) by striking includes any disbursement and inserting includes— (A) any disbursement ; (2) by striking the period at the end and inserting ; and , and (3) by adding at the end the following new subparagraph: (B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement..", "id": "H9BA825DCC9954A8889A0A4D61D3A4213", "header": "Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers", "nested": [], "links": [ { "text": "52 U.S.C. 30121(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/52/30121" } ] }, { "text": "205. Sense of Congress regarding implementation \nIt is the sense of Congress that the Federal Election Commission should simplify the process for filing any disclosure required under the provisions of, and amendments made by, this title in order to ensure that such process is as easy and accessible as possible.", "id": "id189239ECF66C4A3DBA7DAF68CF099ACF", "header": "Sense of Congress regarding implementation", "nested": [], "links": [] }, { "text": "206. Effective date \nThe amendments made by this title shall apply with respect to disbursements made on or after January 1, 2024, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "H554F034D88E14BDBB092D1A08A5238BF", "header": "Effective date", "nested": [], "links": [] }, { "text": "301. Petition for certiorari \nSection 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal.", "id": "HC9C9114FE778448EA40226CF8929F81B", "header": "Petition for certiorari", "nested": [], "links": [ { "text": "52 U.S.C. 30107(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/52/30107" } ] }, { "text": "302. Judicial review of actions related to campaign finance laws \n(a) In general \nTitle IV of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30141 et seq. ) is amended by inserting after section 406 the following new section: 407. Judicial review \n(a) In general \nIf any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act, including title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction \nIf an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress \nIn any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (d) Challenge by Members of Congress \nAny Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.. (b) Conforming amendments \n(1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: 9011. Judicial review \nFor provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.. (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: 9041. Judicial review \nFor provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.. (3) Section 310 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30110 ) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 ( 52 U.S.C. 30110 note) is repealed.", "id": "H9C5C3A9591E24961B1BB51E2AF0D5885", "header": "Judicial review of actions related to campaign finance laws", "nested": [ { "text": "(a) In general \nTitle IV of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30141 et seq. ) is amended by inserting after section 406 the following new section: 407. Judicial review \n(a) In general \nIf any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act, including title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction \nIf an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress \nIn any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (d) Challenge by Members of Congress \nAny Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986..", "id": "H1C4466ECC3BF45218EACA6EA31E8A470", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30141 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30141" } ] }, { "text": "(b) Conforming amendments \n(1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: 9011. Judicial review \nFor provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.. (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: 9041. Judicial review \nFor provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.. (3) Section 310 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30110 ) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 ( 52 U.S.C. 30110 note) is repealed.", "id": "H8336B0CC34844C83B1FC1290528B4E2B", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Section 9011", "legal-doc": "usc", "parsable-cite": "usc/26/9011" }, { "text": "Section 9041", "legal-doc": "usc", "parsable-cite": "usc/26/9041" }, { "text": "52 U.S.C. 30110", "legal-doc": "usc", "parsable-cite": "usc/52/30110" }, { "text": "52 U.S.C. 30110", "legal-doc": "usc", "parsable-cite": "usc/52/30110" } ] } ], "links": [ { "text": "52 U.S.C. 30141 et seq.", "legal-doc": "usc", "parsable-cite": "usc/52/30141" }, { "text": "Section 9011", "legal-doc": "usc", "parsable-cite": "usc/26/9011" }, { "text": "Section 9041", "legal-doc": "usc", "parsable-cite": "usc/26/9041" }, { "text": "52 U.S.C. 30110", "legal-doc": "usc", "parsable-cite": "usc/52/30110" }, { "text": "52 U.S.C. 30110", "legal-doc": "usc", "parsable-cite": "usc/52/30110" } ] }, { "text": "407. Judicial review \n(a) In general \nIf any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act, including title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction \nIf an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress \nIn any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (d) Challenge by Members of Congress \nAny Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.", "id": "HB7215B0F38B345B395EB1795D16AB3C1", "header": "Judicial review", "nested": [ { "text": "(a) In general \nIf any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act, including title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.", "id": "HB5D4F29D7D7D4CD297DFCA56C5EB3051", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clarifying scope of jurisdiction \nIf an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a).", "id": "HF0B336CED8EE4F16B6CA099C564E4764", "header": "Clarifying scope of jurisdiction", "nested": [], "links": [] }, { "text": "(c) Intervention by Members of Congress \nIn any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument.", "id": "HC5EA147AD3D74AB89D0102343502034B", "header": "Intervention by Members of Congress", "nested": [], "links": [] }, { "text": "(d) Challenge by Members of Congress \nAny Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.", "id": "H41DDD52A6BA34970846D7625BCD3A8CD", "header": "Challenge by Members of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "9011. Judicial review \nFor provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.", "id": "H0C6D5A5DD8F44621AD4A989121722F83", "header": "Judicial review", "nested": [], "links": [] }, { "text": "9041. Judicial review \nFor provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.", "id": "HC8928196499A4B2C962BC84AE9E48D2B", "header": "Judicial review", "nested": [], "links": [] }, { "text": "303. Effective date \nThe amendments made by this title shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this title and the amendments made by this title.", "id": "H498C1B7E63844BC38750A96EBC49A08D", "header": "Effective date", "nested": [], "links": [] }, { "text": "401. Short title \nThis title may be cited as the Stand By Every Ad Act.", "id": "HDA998DE4DAB24A0597E30DAEDB6AF5A2", "header": "Short title", "nested": [], "links": [] }, { "text": "402. Stand by every ad \n(a) Expanded disclaimer requirements for certain communications \nSection 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Expanded disclaimer requirements for communications not authorized by candidates or committees \n(1) In general \nExcept as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an internet or digital communication), or which is an internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following: (A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (B) If the communication is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Five Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an internet or digital communication, a hyperlink to such website. (C) If the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Two Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name of a website which contains the Top Two Funders list (if applicable). (2) Disclosure statements described \n(A) Individual disclosure statements \nThe individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message. , with the blank filled in with the name of the applicable individual. (B) Organizational disclosure statements \nThe organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message. , with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. (3) Method of conveyance of statement \n(A) Communications in text or graphic format \nIn the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication. (B) Communications transmitted in audio format \nIn the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner. (C) Communications transmitted in video format \nIn the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds. (4) Applicable individual defined \nThe term applicable individual means, with respect to a communication to which this subsection applies— (A) if the communication is paid for by an individual, the individual involved; (B) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and (D) if the communication is paid for by any other person, the highest ranking official of such person. (5) Top Five Funders list and Top Two Funders list defined \n(A) Top Five Funders list \nThe term Top Five Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the 5 persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more people provided the fifth largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Five Funders list. (B) Top two funders list \nThe term Top Two Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more persons provided the second largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Two Funders list. (C) Exclusion of certain payments \nFor purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: (i) Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. (ii) Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund (as defined in section 324) and any other account used to make campaign-related disbursements. (6) Special rules for certain communications \n(A) Exception for communications paid for by political parties and certain political committees \nThis subsection does not apply to any communication to which subsection (d)(2) applies. (B) Treatment of video communications lasting 10 seconds or less \nIn the case of a communication to which this subsection applies which is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: (i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (ii) The statement described in clause (i) shall appear in writing at the end of the communication, or in a crawl along the bottom of the communication, in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (iii) The communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. (iv) To the extent that the format in which the communication is made permits the use of a hyperlink, the communication shall include a hyperlink to the website address described in clause (iii).. (b) Application of expanded requirements to public communications consisting of campaign-Related disbursements \n(1) In general \nSection 318(a) of such Act ( 52 U.S.C. 30120(a) ) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication. (2) Clarification of exemption from inclusion of candidate disclaimer statement in Federal judicial nomination communications \nSection 318(a)(3) of such Act ( 52 U.S.C. 30120(a)(3) ) is amended by striking shall clearly state and inserting shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(3)) clearly state. (c) Exception for communications paid for by political parties and certain political committees \nSection 318(d)(2) of such Act ( 52 U.S.C. 30120(d)(2) ) is amended— (1) in the heading, by striking Others and inserting Certain political committees ; (2) by striking Any communication and inserting (A) Any communication ; (3) by inserting which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and after subsection (a) ; (4) by striking or other person each place it appears; and (5) by adding at the end the following new subparagraph: (B) (i) This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. (ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: (I) Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. (II) Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign-related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from a campaign-related disbursement segregated fund (as defined in section 324) and any other account used to make campaign-related disbursements.. (d) Modification of additional requirements for certain communications \nSection 318(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format.", "id": "id9c0ea3cf8fb74cf099db9ef22e1b4493", "header": "Stand by every ad", "nested": [ { "text": "(a) Expanded disclaimer requirements for certain communications \nSection 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Expanded disclaimer requirements for communications not authorized by candidates or committees \n(1) In general \nExcept as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an internet or digital communication), or which is an internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following: (A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (B) If the communication is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Five Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an internet or digital communication, a hyperlink to such website. (C) If the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Two Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name of a website which contains the Top Two Funders list (if applicable). (2) Disclosure statements described \n(A) Individual disclosure statements \nThe individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message. , with the blank filled in with the name of the applicable individual. (B) Organizational disclosure statements \nThe organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message. , with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. (3) Method of conveyance of statement \n(A) Communications in text or graphic format \nIn the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication. (B) Communications transmitted in audio format \nIn the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner. (C) Communications transmitted in video format \nIn the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds. (4) Applicable individual defined \nThe term applicable individual means, with respect to a communication to which this subsection applies— (A) if the communication is paid for by an individual, the individual involved; (B) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and (D) if the communication is paid for by any other person, the highest ranking official of such person. (5) Top Five Funders list and Top Two Funders list defined \n(A) Top Five Funders list \nThe term Top Five Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the 5 persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more people provided the fifth largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Five Funders list. (B) Top two funders list \nThe term Top Two Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more persons provided the second largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Two Funders list. (C) Exclusion of certain payments \nFor purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: (i) Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. (ii) Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund (as defined in section 324) and any other account used to make campaign-related disbursements. (6) Special rules for certain communications \n(A) Exception for communications paid for by political parties and certain political committees \nThis subsection does not apply to any communication to which subsection (d)(2) applies. (B) Treatment of video communications lasting 10 seconds or less \nIn the case of a communication to which this subsection applies which is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: (i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (ii) The statement described in clause (i) shall appear in writing at the end of the communication, or in a crawl along the bottom of the communication, in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (iii) The communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. (iv) To the extent that the format in which the communication is made permits the use of a hyperlink, the communication shall include a hyperlink to the website address described in clause (iii)..", "id": "idd9fcfa16e2ab431dbbbfcce2f3e03758", "header": "Expanded disclaimer requirements for certain communications", "nested": [], "links": [ { "text": "52 U.S.C. 30120", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(b) Application of expanded requirements to public communications consisting of campaign-Related disbursements \n(1) In general \nSection 318(a) of such Act ( 52 U.S.C. 30120(a) ) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication. (2) Clarification of exemption from inclusion of candidate disclaimer statement in Federal judicial nomination communications \nSection 318(a)(3) of such Act ( 52 U.S.C. 30120(a)(3) ) is amended by striking shall clearly state and inserting shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(3)) clearly state.", "id": "id8c10ec27bf2e4f938cd8207e463c0a40", "header": "Application of expanded requirements to public communications consisting of campaign-Related disbursements", "nested": [], "links": [ { "text": "52 U.S.C. 30120(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(c) Exception for communications paid for by political parties and certain political committees \nSection 318(d)(2) of such Act ( 52 U.S.C. 30120(d)(2) ) is amended— (1) in the heading, by striking Others and inserting Certain political committees ; (2) by striking Any communication and inserting (A) Any communication ; (3) by inserting which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and after subsection (a) ; (4) by striking or other person each place it appears; and (5) by adding at the end the following new subparagraph: (B) (i) This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. (ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: (I) Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. (II) Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign-related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from a campaign-related disbursement segregated fund (as defined in section 324) and any other account used to make campaign-related disbursements..", "id": "id8b64c596315540c69fd4164e7d344aaa", "header": "Exception for communications paid for by political parties and certain political committees", "nested": [], "links": [ { "text": "52 U.S.C. 30120(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(d) Modification of additional requirements for certain communications \nSection 318(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format.", "id": "idd305c2e008fe450d86ecefff4e7f6506", "header": "Modification of additional requirements for certain communications", "nested": [], "links": [ { "text": "52 U.S.C. 30120(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] } ], "links": [ { "text": "52 U.S.C. 30120", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "403. Disclaimer requirements for communications made through prerecorded telephone calls \n(a) Application of requirements \n(1) In general \nSection 318(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended by striking mailing each place it appears and inserting mailing, telephone call consisting in substantial part of a prerecorded audio message. (2) Application to communications subject to expanded disclaimer requirements \nSection 318(e)(1) of such Act ( 52 U.S.C. 30120(e)(1) ), as added by section 302(a), is amended in the matter preceding subparagraph (A) by striking which is transmitted in an audio or video format and inserting which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message. (b) Treatment as communication transmitted in audio format \n(1) Communications by candidates or authorized persons \nSection 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended by adding at the end the following new paragraph: (3) Prerecorded telephone calls \nAny communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part of a prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), except that the statement shall be made at the beginning of the telephone call.. (2) Communications subject to expanded disclaimer requirements \nSection 318(e)(3) of such Act ( 52 U.S.C. 30120(e)(3) ), as added by section 302(a), is amended by adding at the end the following new subparagraph: (D) Prerecorded telephone calls \nIn the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be considered to be transmitted in an audio format..", "id": "id2fa33661288e4addb1f09448df34101e", "header": "Disclaimer requirements for communications made through prerecorded telephone calls", "nested": [ { "text": "(a) Application of requirements \n(1) In general \nSection 318(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended by striking mailing each place it appears and inserting mailing, telephone call consisting in substantial part of a prerecorded audio message. (2) Application to communications subject to expanded disclaimer requirements \nSection 318(e)(1) of such Act ( 52 U.S.C. 30120(e)(1) ), as added by section 302(a), is amended in the matter preceding subparagraph (A) by striking which is transmitted in an audio or video format and inserting which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message.", "id": "id83f89a4577a947d4a0aac143a265b4fb", "header": "Application of requirements", "nested": [], "links": [ { "text": "52 U.S.C. 30120(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "(b) Treatment as communication transmitted in audio format \n(1) Communications by candidates or authorized persons \nSection 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended by adding at the end the following new paragraph: (3) Prerecorded telephone calls \nAny communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part of a prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), except that the statement shall be made at the beginning of the telephone call.. (2) Communications subject to expanded disclaimer requirements \nSection 318(e)(3) of such Act ( 52 U.S.C. 30120(e)(3) ), as added by section 302(a), is amended by adding at the end the following new subparagraph: (D) Prerecorded telephone calls \nIn the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be considered to be transmitted in an audio format..", "id": "id94516d782ecb45b2a270a2ccee85980d", "header": "Treatment as communication transmitted in audio format", "nested": [], "links": [ { "text": "52 U.S.C. 30120(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] } ], "links": [ { "text": "52 U.S.C. 30120(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" }, { "text": "52 U.S.C. 30120(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30120" } ] }, { "text": "404. No expansion of persons subject to disclaimer requirements on internet communications \nNothing in this title or the amendments made by this title may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications.", "id": "idc23f69c6c826456e97b72140ff01b02b", "header": "No expansion of persons subject to disclaimer requirements on internet communications", "nested": [], "links": [] }, { "text": "405. Effective date \nThe amendments made by this title shall apply with respect to communications made on or after January 1, 2024, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.", "id": "iddaea20ca9880487789de4f70cdb4c98e", "header": "Effective date", "nested": [], "links": [] }, { "text": "501. Severability \nIf any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.", "id": "id5ED984264F104CD7B6096AD9C3A7E28F", "header": "Severability", "nested": [], "links": [] } ]

[ "Accounting and auditing", "Administrative law and regulatory procedures", "Broadcasting, cable, digital technologies", "Civil actions and liability", "Congressional oversight", "Constitution and constitutional amendments", "Corporate finance and management", "Elections, voting, political campaign regulation", "Federal Election Commission (FEC)", "Government information and archives", "Government studies and investigations", "Judges", "Judicial review and appeals", "Members of Congress", "Political advertising", "Public participation and lobbying", "Supreme Court", "Tax-exempt organizations", "Telephone and wireless communication" ]

[ { "text": "1. Short title \nThis Act may be cited as the Apex Area Technical Corrections Act.", "id": "HD198C4999CEC4881BF8B9DA682B319F7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Apex Project, Nevada Land Transfer and Authorization Act of 1989 \n(a) Definitions \nSection 2(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 169)— (1) in the matter preceding paragraph (1), by striking As used in this Act, the following terms shall have the following meanings— and inserting In this Act: ; (2) in each of paragraphs (1), (2), (4), and (5), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; (3) in paragraph (3), by inserting County; Clark County.— before The term ; (4) in paragraph (6)— (A) by inserting FLPMA terms.— before All ; and (B) by inserting ( 43 U.S.C. 1701 et seq. ) before the period at the end; (5) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (7), (6), (4), (5), (2), and (8), respectively; (6) by inserting before paragraph (2) (as so redesignated) the following: (1) Apex Industrial Park Owners Association \nThe term Apex Industrial Park Owners Association has the meaning given the term in the charter document for the entity entitled Apex Industrial Park Owners Association , which was formed on April 9, 2001, and any successor documents to the charter document, as on file with the Nevada Secretary of State. ; and (7) by inserting after paragraph (2) (as so redesignated) the following: (3) City \nThe term City means the city of North Las Vegas, Nevada.. (b) Kerr-McGee site transfer \nSection 3(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 170) is amended— (1) in the first sentence— (A) by striking Clark County for the connection and inserting Clark County, the City, and the Apex Industrial Park Owners Association, individually or jointly, as appropriate, for the connection ; (B) by striking Kerr-McGee Site and inserting Kerr-McGee Site and other land conveyed in accordance with this Act ; and (C) by inserting (or any successor map prepared by the Secretary) after May 1989 ; and (2) in the third sentence, by inserting , the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate, after Clark County. (c) Authorization for additional transfers \nSection 4 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 171)— (1) in subsection (c), by striking Pursuant and all that follows through Clark County and inserting During any period in which the requirements of section 6 are met, pursuant to applicable law, the Secretary shall grant to Clark County, the City, and the Apex Industrial Park Owners Association ; and (2) in subsection (e)— (A) in paragraph (1), by striking the last sentence and inserting The withdrawal made by this subsection shall continue in perpetuity for all land transferred in accordance with this Act. ; and (B) by adding at the end the following: (3) Mineral materials sale \nIn the case of the sale of mineral materials resulting from grading, land balancing, or other activities on the surface of a parcel within the Apex Site for which the United States retains an interest in the minerals— (A) it shall be considered impracticable to obtain competition for purposes of section 3602.31(a)(2) of title 43, Code of Federal Regulations (as in effect on the date of enactment of the Apex Area Technical Corrections Act ); and (B) the sale shall be exempt from the quantity and term limitations imposed on noncompetitive sales under subpart 3602 of that title (as in effect on the date of enactment of the Apex Area Technical Corrections Act ).. (d) Environmental considerations \nSection 6 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 173) is amended by adding at the end the following: (d) Compliance with environmental assessments \nEach transfer by the United States of land or interest in lands within the Apex Site or rights-of-way issued pursuant to this Act shall be conditioned on the compliance with applicable Federal land laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )..", "id": "HBDF8E1771AB74300B3D30A0E175DACA7", "header": "Apex Project, Nevada Land Transfer and Authorization Act of 1989", "nested": [ { "text": "(a) Definitions \nSection 2(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 169)— (1) in the matter preceding paragraph (1), by striking As used in this Act, the following terms shall have the following meanings— and inserting In this Act: ; (2) in each of paragraphs (1), (2), (4), and (5), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; (3) in paragraph (3), by inserting County; Clark County.— before The term ; (4) in paragraph (6)— (A) by inserting FLPMA terms.— before All ; and (B) by inserting ( 43 U.S.C. 1701 et seq. ) before the period at the end; (5) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (7), (6), (4), (5), (2), and (8), respectively; (6) by inserting before paragraph (2) (as so redesignated) the following: (1) Apex Industrial Park Owners Association \nThe term Apex Industrial Park Owners Association has the meaning given the term in the charter document for the entity entitled Apex Industrial Park Owners Association , which was formed on April 9, 2001, and any successor documents to the charter document, as on file with the Nevada Secretary of State. ; and (7) by inserting after paragraph (2) (as so redesignated) the following: (3) City \nThe term City means the city of North Las Vegas, Nevada..", "id": "H41F5FC9E7E494DAABBA104734F3241A2", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "(b) Kerr-McGee site transfer \nSection 3(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 170) is amended— (1) in the first sentence— (A) by striking Clark County for the connection and inserting Clark County, the City, and the Apex Industrial Park Owners Association, individually or jointly, as appropriate, for the connection ; (B) by striking Kerr-McGee Site and inserting Kerr-McGee Site and other land conveyed in accordance with this Act ; and (C) by inserting (or any successor map prepared by the Secretary) after May 1989 ; and (2) in the third sentence, by inserting , the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate, after Clark County.", "id": "idb94e8644133b4c6793079ee4ec45c1b7", "header": "Kerr-McGee site transfer", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" } ] }, { "text": "(c) Authorization for additional transfers \nSection 4 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 171)— (1) in subsection (c), by striking Pursuant and all that follows through Clark County and inserting During any period in which the requirements of section 6 are met, pursuant to applicable law, the Secretary shall grant to Clark County, the City, and the Apex Industrial Park Owners Association ; and (2) in subsection (e)— (A) in paragraph (1), by striking the last sentence and inserting The withdrawal made by this subsection shall continue in perpetuity for all land transferred in accordance with this Act. ; and (B) by adding at the end the following: (3) Mineral materials sale \nIn the case of the sale of mineral materials resulting from grading, land balancing, or other activities on the surface of a parcel within the Apex Site for which the United States retains an interest in the minerals— (A) it shall be considered impracticable to obtain competition for purposes of section 3602.31(a)(2) of title 43, Code of Federal Regulations (as in effect on the date of enactment of the Apex Area Technical Corrections Act ); and (B) the sale shall be exempt from the quantity and term limitations imposed on noncompetitive sales under subpart 3602 of that title (as in effect on the date of enactment of the Apex Area Technical Corrections Act )..", "id": "H12A5D96A901C44E98031E6A3B7BDF80B", "header": "Authorization for additional transfers", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" } ] }, { "text": "(d) Environmental considerations \nSection 6 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 173) is amended by adding at the end the following: (d) Compliance with environmental assessments \nEach transfer by the United States of land or interest in lands within the Apex Site or rights-of-way issued pursuant to this Act shall be conditioned on the compliance with applicable Federal land laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )..", "id": "HFD44E6CC1CCE40D389C9D88BF5C59C29", "header": "Environmental considerations", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] } ], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "1. Short title \nThis Act may be cited as the Apex Project, Nevada Land Transfer and Authorization Act Amendments Act.", "id": "id8a1cc444-c63c-4482-97ed-a168d2f9284a", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the Apex Project, Nevada Land Transfer and Authorization Act of 1989 \n(a) Definitions \nSection 2(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 169) is amended— (1) in the matter preceding paragraph (1), by striking As used in this Act, the following terms shall have the following meanings— and inserting In this Act: ; (2) in each of paragraphs (1), (2), (4), and (5), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; (3) in paragraph (3), by inserting County; Clark County.— before The term ; (4) in paragraph (6)— (A) by inserting FLPMA terms.— before All ; and (B) by inserting ( 43 U.S.C. 1701 et seq. ) before the period at the end; (5) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (7), (6), (4), (5), (2), and (8), respectively; (6) by inserting before paragraph (2) (as so redesignated) the following: (1) Apex Industrial Park Owners Association \nThe term Apex Industrial Park Owners Association means the Apex Industrial Park Owners Association formed on April 9, 2001, and chartered in the State of Nevada (including any successor in interest). ; and (7) by inserting after paragraph (2) (as so redesignated) the following: (3) City \nThe term City means the city of North Las Vegas, Nevada.. (b) Kerr-McGee site transfer \nSection 3(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 170) is amended— (1) in the first sentence— (A) by striking Clark County and inserting Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate, ; and (B) by striking Site and inserting Site and other land conveyed in accordance with this Act ; and (2) in the third sentence, by striking Clark County and inserting Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate,. (c) Authorization for additional transfers \nSection 4 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 171) is amended— (1) in subsection (c), by striking “Clark County” and inserting “Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate,”; and (2) in subsection (e), by adding at the end the following: (3) Mineral materials sale \nNotwithstanding the requirements of part 3600 of title 43, Code of Federal Regulations (as in effect on the date of enactment of the Apex Project, Nevada Land Transfer and Authorization Act Amendments Act ), the Secretary may sell, at not less than fair market value, without advertising or calling for bids and without regard to volume or time limitations, mineral materials resulting from grading, land balancing, or other activities on the surface of a parcel of land within the Apex Site for which the United States retains an interest in the minerals.. (d) Environmental considerations \nSection 6 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 173) is amended by adding at the end the following: (d) Compliance with environmental assessments \nEach transfer by the United States of land or interest in lands within the Apex Site or rights-of-way issued pursuant to this Act shall be conditioned on the compliance with applicable Federal land laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )..", "id": "id73602a74-ef4c-421e-ab1b-24ee2f4eab63", "header": "Amendments to the Apex Project, Nevada Land Transfer and Authorization Act of 1989", "nested": [ { "text": "(a) Definitions \nSection 2(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 169) is amended— (1) in the matter preceding paragraph (1), by striking As used in this Act, the following terms shall have the following meanings— and inserting In this Act: ; (2) in each of paragraphs (1), (2), (4), and (5), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; (3) in paragraph (3), by inserting County; Clark County.— before The term ; (4) in paragraph (6)— (A) by inserting FLPMA terms.— before All ; and (B) by inserting ( 43 U.S.C. 1701 et seq. ) before the period at the end; (5) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (7), (6), (4), (5), (2), and (8), respectively; (6) by inserting before paragraph (2) (as so redesignated) the following: (1) Apex Industrial Park Owners Association \nThe term Apex Industrial Park Owners Association means the Apex Industrial Park Owners Association formed on April 9, 2001, and chartered in the State of Nevada (including any successor in interest). ; and (7) by inserting after paragraph (2) (as so redesignated) the following: (3) City \nThe term City means the city of North Las Vegas, Nevada..", "id": "ida4625d39-9810-48ce-bfd0-0838e4433cfe", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] }, { "text": "(b) Kerr-McGee site transfer \nSection 3(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 170) is amended— (1) in the first sentence— (A) by striking Clark County and inserting Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate, ; and (B) by striking Site and inserting Site and other land conveyed in accordance with this Act ; and (2) in the third sentence, by striking Clark County and inserting Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate,.", "id": "id4bd5a561-90bc-4501-9afa-cac36311f070", "header": "Kerr-McGee site transfer", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" } ] }, { "text": "(c) Authorization for additional transfers \nSection 4 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 171) is amended— (1) in subsection (c), by striking “Clark County” and inserting “Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate,”; and (2) in subsection (e), by adding at the end the following: (3) Mineral materials sale \nNotwithstanding the requirements of part 3600 of title 43, Code of Federal Regulations (as in effect on the date of enactment of the Apex Project, Nevada Land Transfer and Authorization Act Amendments Act ), the Secretary may sell, at not less than fair market value, without advertising or calling for bids and without regard to volume or time limitations, mineral materials resulting from grading, land balancing, or other activities on the surface of a parcel of land within the Apex Site for which the United States retains an interest in the minerals..", "id": "id02385214-dd2c-425b-96a0-f513b1ab21d6", "header": "Authorization for additional transfers", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" } ] }, { "text": "(d) Environmental considerations \nSection 6 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 ( Public Law 101–67 ; 103 Stat. 173) is amended by adding at the end the following: (d) Compliance with environmental assessments \nEach transfer by the United States of land or interest in lands within the Apex Site or rights-of-way issued pursuant to this Act shall be conditioned on the compliance with applicable Federal land laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )..", "id": "id7e378de9-832e-4d2f-8cac-263fba46d014", "header": "Environmental considerations", "nested": [], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] } ], "links": [ { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" }, { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "Public Law 101–67", "legal-doc": "public-law", "parsable-cite": "pl/101/67" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] } ]

[ "Building construction", "Intergovernmental relations", "Land transfers", "Licensing and registrations", "Nevada" ]

[ { "text": "1. Short title \nThis Act may be cited as the Forest Incentives Program Act of 2023.", "id": "id49CEDD2E088C4797A6BDF70F534E1E3D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Forest incentives program \n(a) Definitions \nIn this section: (1) Carbon incentives contract; contract \nThe term carbon incentives contract or contract means a 15- to 30-year contract that specifies— (A) the eligible practices that will be undertaken; (B) the acreage of eligible land on which the practices will be undertaken; (C) the agreed rate of compensation per acre; (D) a schedule to verify that the terms of the contract have been fulfilled; and (E) such other terms as are determined necessary by the Secretary. (2) Conservation easement agreement; agreement \nThe term conservation easement agreement or agreement means a permanent conservation easement that— (A) covers eligible land that will not be converted for development; (B) is enrolled under a carbon incentives contract; and (C) is consistent with the guidelines for— (i) the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c ), subject to the condition that an eligible practice shall be considered to be a conservation value for purposes of such consistency; or (ii) any other program approved by the Secretary for use under this section to provide consistency with Federal legal requirements for permanent conservation easements. (3) Eligible land \nThe term eligible land means forest land in the United States that is privately owned at the time of initiation of a carbon incentives contract or conservation easement agreement. (4) Eligible practice \n(A) In general \nThe term eligible practice means a forestry practice, including improved forest management that produces marketable forest products, that is determined by the Secretary to provide measurable increases in carbon sequestration and storage beyond customary practices on comparable land. (B) Inclusions \nThe term eligible practice includes— (i) afforestation on nonforested land, such as marginal crop or pasture land, windbreaks, shelterbelts, stream buffers, including working land and urban forests and parks, or other areas identified by the Secretary; (ii) reforestation on forest land impacted by wildfire, pests, wind, or other stresses, including working land and urban forests and parks; (iii) improved forest management, with appropriate crediting for the carbon benefits of harvested wood products, through practices such as improving regeneration after harvest, planting in understocked forests, reducing competition from slow-growing species, thinning to encourage growth, changing rotations to increase carbon storage, improving harvest efficiency or wood use; and (iv) such other practices as the Secretary determines to be appropriate. (5) Forest incentives program; program \nThe term forest incentives program or program means the forest incentives program established under subsection (b)(1). (6) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Supplemental greenhouse gas emission reductions in United States \n(1) In general \nThe Secretary shall establish a forest incentives program to achieve supplemental greenhouse gas emission reductions and carbon sequestration on private forest land of the United States through— (A) carbon incentives contracts; and (B) conservation easement agreements. (2) Priority \nIn selecting projects under this subsection, the Secretary shall provide a priority for contracts and agreements— (A) that sequester the most carbon on a per acre basis, with appropriate crediting for the carbon benefits of harvested wood products; and (B) that create forestry jobs or protect habitats and achieve significant other environmental, economic, and social benefits. (3) Eligibility \n(A) In general \nTo participate in the program, an owner of eligible land shall— (i) enter into a carbon incentives contract; and (ii) fulfill such other requirements as the Secretary determines to be necessary. (B) Continued eligible practices \nAn owner of eligible land who has been carrying out eligible practices on the eligible land shall not be barred from entering into a carbon incentives contract under this subsection to continue carrying out the eligible practices on the eligible land. (C) Duration of contract \nA contract shall be for a term of not less than 15, nor more than 30, years, as determined by the owner of eligible land. (D) Compensation under contract \nThe Secretary shall determine the rate of compensation per acre under the contract so that the longer the term of the contract, the higher rate of compensation. (E) Relationship to other programs \nAn owner or operator shall not be prohibited from participating in the program due to participation of the owner or operator in other Federal or State conservation assistance programs. (4) Compliance \nIn developing regulations for carbon incentives contracts under this subsection, the Secretary shall specify requirements to address whether the owner of eligible land has completed contract and agreement requirements. (c) Incentive payments \n(1) In general \nThe Secretary shall provide to owners of eligible land financial incentive payments for— (A) eligible practices that measurably increase carbon sequestration and storage over a designated period on eligible land, with appropriate crediting for the carbon benefits of harvested wood products, as specified through a carbon incentives contract; and (B) subject to paragraph (2), conservation easements on eligible land covered under a conservation easement agreement. (2) Compensation \nThe Secretary shall determine the amount of compensation to be provided under a contract under this subsection based on the emissions reductions obtained or avoided and the duration of the reductions, with due consideration to prevailing carbon pricing as determined by any relevant or State compliance offset programs. (3) No conservation easement agreement required \nEligibility for financial incentive payments under a carbon incentives contract described in paragraph (1)(A) shall not require a conservation easement agreement. (d) Regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations that specify eligible practices and related compensation rates, standards, and guidelines as the basis for entering into the program with owners of eligible land. (e) Set-Aside of funds for certain purposes \n(1) In general \nAt the discretion of the Secretary, a portion of program funds made available under the program for a fiscal year may be used— (A) to develop forest carbon modeling and methodologies that will improve the projection of carbon gains for any forest practices made eligible under the program; (B) to provide additional incentive payments for specified management activities that increase the adaptive capacity of land under a carbon incentives contract; and (C) for the Forest Inventory and Analysis Program of the Forest Service to develop improved measurement and monitoring of forest carbon stocks. (2) Program components \nIn establishing the program, the Secretary shall provide that funds provided under this section shall not be substituted for, or otherwise used as a basis for reducing, funding authorized or appropriated under other programs to compensate owners of eligible land for activities that are not covered under the program. (f) Program measurement, monitoring, verification, and reporting \n(1) Measurement, monitoring, and verification \nThe Secretary shall establish and implement protocols that provide monitoring and verification of compliance with the terms of contracts and agreements. (2) Reporting requirement \nAt least annually, the Secretary shall submit to Congress a report that contains— (A) an estimate of annual and cumulative reductions achieved as a result of the program, determined using standardized measures, including measures of economic efficiency; (B) a summary of any changes to the program that will be made as a result of program measurement, monitoring, and verification; (C) the total number of acres enrolled in the program by method; and (D) a State-by-State summary of the data. (3) Availability of report \nEach report required by this subsection shall be available to the public through the website of the Department of Agriculture. (4) Program adjustments \nAt least once every 2 years the Secretary shall adjust eligible practices and compensation rates for future carbon incentives contracts based on the results of monitoring under paragraph (1) and reporting under paragraph (2), if determined necessary by the Secretary. (5) Estimating carbon benefits \nAny modeling, methodology, or protocol resource developed under this section— (A) shall be suitable for estimating carbon benefits associated with eligible practices for the purpose of incentives under this section; and (B) may be used for netting by States or emission sources under Federal programs relating to carbon emissions. (g) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "id041ED3D7588C47408D942E5326A5C61D", "header": "Forest incentives program", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Carbon incentives contract; contract \nThe term carbon incentives contract or contract means a 15- to 30-year contract that specifies— (A) the eligible practices that will be undertaken; (B) the acreage of eligible land on which the practices will be undertaken; (C) the agreed rate of compensation per acre; (D) a schedule to verify that the terms of the contract have been fulfilled; and (E) such other terms as are determined necessary by the Secretary. (2) Conservation easement agreement; agreement \nThe term conservation easement agreement or agreement means a permanent conservation easement that— (A) covers eligible land that will not be converted for development; (B) is enrolled under a carbon incentives contract; and (C) is consistent with the guidelines for— (i) the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c ), subject to the condition that an eligible practice shall be considered to be a conservation value for purposes of such consistency; or (ii) any other program approved by the Secretary for use under this section to provide consistency with Federal legal requirements for permanent conservation easements. (3) Eligible land \nThe term eligible land means forest land in the United States that is privately owned at the time of initiation of a carbon incentives contract or conservation easement agreement. (4) Eligible practice \n(A) In general \nThe term eligible practice means a forestry practice, including improved forest management that produces marketable forest products, that is determined by the Secretary to provide measurable increases in carbon sequestration and storage beyond customary practices on comparable land. (B) Inclusions \nThe term eligible practice includes— (i) afforestation on nonforested land, such as marginal crop or pasture land, windbreaks, shelterbelts, stream buffers, including working land and urban forests and parks, or other areas identified by the Secretary; (ii) reforestation on forest land impacted by wildfire, pests, wind, or other stresses, including working land and urban forests and parks; (iii) improved forest management, with appropriate crediting for the carbon benefits of harvested wood products, through practices such as improving regeneration after harvest, planting in understocked forests, reducing competition from slow-growing species, thinning to encourage growth, changing rotations to increase carbon storage, improving harvest efficiency or wood use; and (iv) such other practices as the Secretary determines to be appropriate. (5) Forest incentives program; program \nThe term forest incentives program or program means the forest incentives program established under subsection (b)(1). (6) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "H90D52D4B52544CD99F57F8E06F281373", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 2103c", "legal-doc": "usc", "parsable-cite": "usc/16/2103c" } ] }, { "text": "(b) Supplemental greenhouse gas emission reductions in United States \n(1) In general \nThe Secretary shall establish a forest incentives program to achieve supplemental greenhouse gas emission reductions and carbon sequestration on private forest land of the United States through— (A) carbon incentives contracts; and (B) conservation easement agreements. (2) Priority \nIn selecting projects under this subsection, the Secretary shall provide a priority for contracts and agreements— (A) that sequester the most carbon on a per acre basis, with appropriate crediting for the carbon benefits of harvested wood products; and (B) that create forestry jobs or protect habitats and achieve significant other environmental, economic, and social benefits. (3) Eligibility \n(A) In general \nTo participate in the program, an owner of eligible land shall— (i) enter into a carbon incentives contract; and (ii) fulfill such other requirements as the Secretary determines to be necessary. (B) Continued eligible practices \nAn owner of eligible land who has been carrying out eligible practices on the eligible land shall not be barred from entering into a carbon incentives contract under this subsection to continue carrying out the eligible practices on the eligible land. (C) Duration of contract \nA contract shall be for a term of not less than 15, nor more than 30, years, as determined by the owner of eligible land. (D) Compensation under contract \nThe Secretary shall determine the rate of compensation per acre under the contract so that the longer the term of the contract, the higher rate of compensation. (E) Relationship to other programs \nAn owner or operator shall not be prohibited from participating in the program due to participation of the owner or operator in other Federal or State conservation assistance programs. (4) Compliance \nIn developing regulations for carbon incentives contracts under this subsection, the Secretary shall specify requirements to address whether the owner of eligible land has completed contract and agreement requirements.", "id": "H0F9CE2C5F1EB4028B55F96FB7AC21BC0", "header": "Supplemental greenhouse gas emission reductions in United States", "nested": [], "links": [] }, { "text": "(c) Incentive payments \n(1) In general \nThe Secretary shall provide to owners of eligible land financial incentive payments for— (A) eligible practices that measurably increase carbon sequestration and storage over a designated period on eligible land, with appropriate crediting for the carbon benefits of harvested wood products, as specified through a carbon incentives contract; and (B) subject to paragraph (2), conservation easements on eligible land covered under a conservation easement agreement. (2) Compensation \nThe Secretary shall determine the amount of compensation to be provided under a contract under this subsection based on the emissions reductions obtained or avoided and the duration of the reductions, with due consideration to prevailing carbon pricing as determined by any relevant or State compliance offset programs. (3) No conservation easement agreement required \nEligibility for financial incentive payments under a carbon incentives contract described in paragraph (1)(A) shall not require a conservation easement agreement.", "id": "H4C93844B7B82486BA40A5AC45370B3A5", "header": "Incentive payments", "nested": [], "links": [] }, { "text": "(d) Regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations that specify eligible practices and related compensation rates, standards, and guidelines as the basis for entering into the program with owners of eligible land.", "id": "H02651E59380B4AACBA72C0DEFAAD3AA2", "header": "Regulations", "nested": [], "links": [] }, { "text": "(e) Set-Aside of funds for certain purposes \n(1) In general \nAt the discretion of the Secretary, a portion of program funds made available under the program for a fiscal year may be used— (A) to develop forest carbon modeling and methodologies that will improve the projection of carbon gains for any forest practices made eligible under the program; (B) to provide additional incentive payments for specified management activities that increase the adaptive capacity of land under a carbon incentives contract; and (C) for the Forest Inventory and Analysis Program of the Forest Service to develop improved measurement and monitoring of forest carbon stocks. (2) Program components \nIn establishing the program, the Secretary shall provide that funds provided under this section shall not be substituted for, or otherwise used as a basis for reducing, funding authorized or appropriated under other programs to compensate owners of eligible land for activities that are not covered under the program.", "id": "H4971FD7C616943408DE90DEBEA06C7C1", "header": "Set-Aside of funds for certain purposes", "nested": [], "links": [] }, { "text": "(f) Program measurement, monitoring, verification, and reporting \n(1) Measurement, monitoring, and verification \nThe Secretary shall establish and implement protocols that provide monitoring and verification of compliance with the terms of contracts and agreements. (2) Reporting requirement \nAt least annually, the Secretary shall submit to Congress a report that contains— (A) an estimate of annual and cumulative reductions achieved as a result of the program, determined using standardized measures, including measures of economic efficiency; (B) a summary of any changes to the program that will be made as a result of program measurement, monitoring, and verification; (C) the total number of acres enrolled in the program by method; and (D) a State-by-State summary of the data. (3) Availability of report \nEach report required by this subsection shall be available to the public through the website of the Department of Agriculture. (4) Program adjustments \nAt least once every 2 years the Secretary shall adjust eligible practices and compensation rates for future carbon incentives contracts based on the results of monitoring under paragraph (1) and reporting under paragraph (2), if determined necessary by the Secretary. (5) Estimating carbon benefits \nAny modeling, methodology, or protocol resource developed under this section— (A) shall be suitable for estimating carbon benefits associated with eligible practices for the purpose of incentives under this section; and (B) may be used for netting by States or emission sources under Federal programs relating to carbon emissions.", "id": "HDB9ECBBF90254F59AE57034D7439BEB7", "header": "Program measurement, monitoring, verification, and reporting", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "HB5034313588E400991B1A6124C5CEF40", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 2103c", "legal-doc": "usc", "parsable-cite": "usc/16/2103c" } ] }, { "text": "3. Material choices in buildings for supplemental greenhouse gas emission reductions in United States \n(a) Definitions \nIn this section: (1) Eligible building \nThe term eligible building means a nonresidential building used for commercial or State or local government purposes. (2) Eligible product \nThe term eligible product means a commercial or industrial product, such as an intermediate, feedstock, or end product (other than food or feed), that is composed in whole or in part of biological products, including renewable agricultural and forestry materials used as structural building material. (3) Program \nThe term program means the greenhouse gas incentives program established under this section. (4) Secretary \nThe term Secretary means the Secretary of Agriculture. (b) Supplemental greenhouse gas emission reductions in buildings \n(1) In general \nThe Secretary shall establish a greenhouse gas incentives program to achieve supplemental greenhouse gas emission reductions from material choices in buildings, based on the lifecycle assessment of the building materials. (2) Financial incentive payments \nThe Secretary shall provide to owners of eligible buildings incentive payments for the use of eligible products in buildings for sequestering carbon based on a lifecycle assessment of the structural assemblies, as compared to a model building as a result of using eligible products in substitution for more energy-intensive materials in— (A) new construction; or (B) building renovation. (c) Program requirements \n(1) Applications \nTo be eligible to participate in the program, the owner of an eligible building shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Components \nIn establishing the program, the Secretary shall require that payments for activities under the program shall be— (A) established at a rate not to exceed the net estimated benefit an owner of an eligible building would receive for similar practices under any federally established carbon offset program, taking into consideration the costs associated with the issuance of credits and compliance with reversal provisions; (B) provided to owners of eligible buildings demonstrating at least a 20-percent reduction in carbon emissions potential, based on a lifecycle assessment of the structural assemblies, as compared to the structural assemblies of a model building, subject to the requirements that— (i) the Secretary shall identify a model baseline nonresidential building— (I) of common size and function; and (II) having a service life of not less than 60 years; and (ii) applicants shall evaluate the carbon emissions potential of the baseline building and the proposed building using the same lifecycle assessment software tool and data sets, which shall be compliant with the document numbered ISO 14044; and (C) provided on certification by the owner of an eligible building and verification by the Secretary, after consultation with the Secretary of Energy, that— (i) the eligible building meets the requirements of the applicable State commercial building energy efficiency code (as in effect on the date of the applicable permit of the eligible building); and (ii) the State has made the certification required pursuant to section 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 ). (3) Incentive payments \nA participant in the program shall receive payment under the program on completion of construction or renovation of the applicable eligible building. (d) Reports \nNot less frequently than once each year, the Secretary shall submit to Congress a report that contains— (1) an estimate of annual and cumulative reductions achieved as a result of the program— (A) determined by using lifecycle assessment software that is compliant with the document numbered ISO 14044; and (B) expressed in terms of the total number of cars removed from the road; (2) a summary of any changes to the program that will be made as a result of past implementation of the program; and (3) the total number of buildings under carbon incentives contracts as of the date of the report. (e) Analytical requirements \nFor purposes of this section— (1) any carbon emissions potential calculation shall— (A) be performed in accordance with standard lifecycle assessment practice; and (B) include removal and sequestration of carbon dioxide from the use of biobased products, as well as recycled content materials; (2) a full lifecycle assessment shall be conducted taking into consideration all lifecycle stages, including— (A) resource extraction and processing; (B) product manufacturing; (C) onsite construction of assemblies; (D) transportation; (E) maintenance and replacement cycles over an assumed eligible building service life of 60 years; and (F) demolition; (3) structural assemblies shall be considered to include columns, beams, girders, purlins, floor deck, roof, and structural envelope elements; (4) primary materials shall be considered to include common products used as the structural system, such as wood, steel, concrete, or masonry; and (5) the effects of recycling, reuse, or energy recovery beyond the boundaries of an applicable study system shall not be taken in account. (f) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "idfdfdba5ba67745508174530bcee3a39b", "header": "Material choices in buildings for supplemental greenhouse gas emission reductions in United States", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Eligible building \nThe term eligible building means a nonresidential building used for commercial or State or local government purposes. (2) Eligible product \nThe term eligible product means a commercial or industrial product, such as an intermediate, feedstock, or end product (other than food or feed), that is composed in whole or in part of biological products, including renewable agricultural and forestry materials used as structural building material. (3) Program \nThe term program means the greenhouse gas incentives program established under this section. (4) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "id96f6d73992da4162a1fd8a83e20363d9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Supplemental greenhouse gas emission reductions in buildings \n(1) In general \nThe Secretary shall establish a greenhouse gas incentives program to achieve supplemental greenhouse gas emission reductions from material choices in buildings, based on the lifecycle assessment of the building materials. (2) Financial incentive payments \nThe Secretary shall provide to owners of eligible buildings incentive payments for the use of eligible products in buildings for sequestering carbon based on a lifecycle assessment of the structural assemblies, as compared to a model building as a result of using eligible products in substitution for more energy-intensive materials in— (A) new construction; or (B) building renovation.", "id": "id4de981b355174ac88d6bfc3ecb5d2f55", "header": "Supplemental greenhouse gas emission reductions in buildings", "nested": [], "links": [] }, { "text": "(c) Program requirements \n(1) Applications \nTo be eligible to participate in the program, the owner of an eligible building shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Components \nIn establishing the program, the Secretary shall require that payments for activities under the program shall be— (A) established at a rate not to exceed the net estimated benefit an owner of an eligible building would receive for similar practices under any federally established carbon offset program, taking into consideration the costs associated with the issuance of credits and compliance with reversal provisions; (B) provided to owners of eligible buildings demonstrating at least a 20-percent reduction in carbon emissions potential, based on a lifecycle assessment of the structural assemblies, as compared to the structural assemblies of a model building, subject to the requirements that— (i) the Secretary shall identify a model baseline nonresidential building— (I) of common size and function; and (II) having a service life of not less than 60 years; and (ii) applicants shall evaluate the carbon emissions potential of the baseline building and the proposed building using the same lifecycle assessment software tool and data sets, which shall be compliant with the document numbered ISO 14044; and (C) provided on certification by the owner of an eligible building and verification by the Secretary, after consultation with the Secretary of Energy, that— (i) the eligible building meets the requirements of the applicable State commercial building energy efficiency code (as in effect on the date of the applicable permit of the eligible building); and (ii) the State has made the certification required pursuant to section 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 ). (3) Incentive payments \nA participant in the program shall receive payment under the program on completion of construction or renovation of the applicable eligible building.", "id": "ide22b7ce336934d0880105ff3d1393ce4", "header": "Program requirements", "nested": [], "links": [ { "text": "42 U.S.C. 6833", "legal-doc": "usc", "parsable-cite": "usc/42/6833" } ] }, { "text": "(d) Reports \nNot less frequently than once each year, the Secretary shall submit to Congress a report that contains— (1) an estimate of annual and cumulative reductions achieved as a result of the program— (A) determined by using lifecycle assessment software that is compliant with the document numbered ISO 14044; and (B) expressed in terms of the total number of cars removed from the road; (2) a summary of any changes to the program that will be made as a result of past implementation of the program; and (3) the total number of buildings under carbon incentives contracts as of the date of the report.", "id": "id6da449b35f684e28b3753efc6a251169", "header": "Reports", "nested": [], "links": [] }, { "text": "(e) Analytical requirements \nFor purposes of this section— (1) any carbon emissions potential calculation shall— (A) be performed in accordance with standard lifecycle assessment practice; and (B) include removal and sequestration of carbon dioxide from the use of biobased products, as well as recycled content materials; (2) a full lifecycle assessment shall be conducted taking into consideration all lifecycle stages, including— (A) resource extraction and processing; (B) product manufacturing; (C) onsite construction of assemblies; (D) transportation; (E) maintenance and replacement cycles over an assumed eligible building service life of 60 years; and (F) demolition; (3) structural assemblies shall be considered to include columns, beams, girders, purlins, floor deck, roof, and structural envelope elements; (4) primary materials shall be considered to include common products used as the structural system, such as wood, steel, concrete, or masonry; and (5) the effects of recycling, reuse, or energy recovery beyond the boundaries of an applicable study system shall not be taken in account.", "id": "idC1B6A1A594FA454A8020F71A80F24F20", "header": "Analytical requirements", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this section.", "id": "idf17cdd0e3c184994a3ec559eb4a27324", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 6833", "legal-doc": "usc", "parsable-cite": "usc/42/6833" } ] } ]

[ "Air quality", "Alternative and renewable resources", "Building construction", "Climate change and greenhouse gases", "Energy efficiency and conservation", "Forests, forestry, trees", "Land use and conservation", "Materials", "Wildlife conservation and habitat protection" ]

[ { "text": "1. Short title \nThis Act may be cited as the American Space Commerce Act of 2023.", "id": "H96EF64F5FBE043B4A00ADC886B1A0755", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Special allowance for qualified domestic space launch property \n(a) Allowance of bonus depreciation for qualified domestic space launch property \nSection 168(k)(2)(A)(i) of the Internal Revenue Code of 1986 is amended— (1) by striking or at the end of subclause (III), (2) by striking or at the end of subclause (IV), (3) by adding or at the end of subclause (V), and (4) by adding at the end the following new subclause: (VI) which is qualified domestic space launch property (as defined in paragraph (11)),. (b) Extension of termination of bonus depreciation for qualified domestic space launch property \n(1) In general \nSection 168(k)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended by inserting (in the case of qualified domestic space launch property, before January 1, 2033) after before January 1, 2027. (2) Application of applicable percentage \nSection 168(k)(6) of such Code is amended by adding at the end the following new subparagraph: (D) Rule for qualified domestic space launch property \nNotwithstanding any other provisions of this paragraph, in the case of any qualified property which is qualified domestic space launch property, the term applicable percentage means, in the case of property placed in service after December 31, 2023, and before January 1, 2033, 100 percent.. (c) Qualified domestic space launch property defined \nSection 168(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Qualified domestic space launch property defined \nFor purposes of this subsection— (A) In general \nThe term qualified domestic space launch property means property placed in service before January 1, 2033, that is— (i) a space transportation vehicle or payload (as such terms are defined in section 50101 of title 51, United States Code) that is launched from the United States, or (ii) other property or equipment placed in service for the purpose of facilitating a space launch from the United States. (B) Special rule for space launches from aircraft \nA space transportation vehicle or payload that is launched from an aircraft shall be considered to be launched from the United States if, and only if, such space transportation vehicle or payload is— (i) substantially manufactured within the United States, as determined by the Secretary, and (ii) launched from an aircraft on a flight that originated from United States soil. (C) United States \nThe term United States includes the possessions of the United States.. (d) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2023.", "id": "HBC47AED7E5DD4B84ADCAA8CE78A13D42", "header": "Special allowance for qualified domestic space launch property", "nested": [ { "text": "(a) Allowance of bonus depreciation for qualified domestic space launch property \nSection 168(k)(2)(A)(i) of the Internal Revenue Code of 1986 is amended— (1) by striking or at the end of subclause (III), (2) by striking or at the end of subclause (IV), (3) by adding or at the end of subclause (V), and (4) by adding at the end the following new subclause: (VI) which is qualified domestic space launch property (as defined in paragraph (11)),.", "id": "H07BA917051BD4A6D98DB255C84F29D51", "header": "Allowance of bonus depreciation for qualified domestic space launch property", "nested": [], "links": [ { "text": "Section 168(k)(2)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/168" } ] }, { "text": "(b) Extension of termination of bonus depreciation for qualified domestic space launch property \n(1) In general \nSection 168(k)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended by inserting (in the case of qualified domestic space launch property, before January 1, 2033) after before January 1, 2027. (2) Application of applicable percentage \nSection 168(k)(6) of such Code is amended by adding at the end the following new subparagraph: (D) Rule for qualified domestic space launch property \nNotwithstanding any other provisions of this paragraph, in the case of any qualified property which is qualified domestic space launch property, the term applicable percentage means, in the case of property placed in service after December 31, 2023, and before January 1, 2033, 100 percent..", "id": "H0B5676C350364785B2078E4717EFC0F0", "header": "Extension of termination of bonus depreciation for qualified domestic space launch property", "nested": [], "links": [ { "text": "Section 168(k)(2)(A)(iii)", "legal-doc": "usc", "parsable-cite": "usc/26/168" } ] }, { "text": "(c) Qualified domestic space launch property defined \nSection 168(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Qualified domestic space launch property defined \nFor purposes of this subsection— (A) In general \nThe term qualified domestic space launch property means property placed in service before January 1, 2033, that is— (i) a space transportation vehicle or payload (as such terms are defined in section 50101 of title 51, United States Code) that is launched from the United States, or (ii) other property or equipment placed in service for the purpose of facilitating a space launch from the United States. (B) Special rule for space launches from aircraft \nA space transportation vehicle or payload that is launched from an aircraft shall be considered to be launched from the United States if, and only if, such space transportation vehicle or payload is— (i) substantially manufactured within the United States, as determined by the Secretary, and (ii) launched from an aircraft on a flight that originated from United States soil. (C) United States \nThe term United States includes the possessions of the United States..", "id": "H24F55E3F074E4652B342B9703757AC4B", "header": "Qualified domestic space launch property defined", "nested": [], "links": [ { "text": "Section 168(k)", "legal-doc": "usc", "parsable-cite": "usc/26/168" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to property placed in service after December 31, 2023.", "id": "HB749286CF9FB432CAF182AABB26AAD85", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 168(k)(2)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/26/168" }, { "text": "Section 168(k)(2)(A)(iii)", "legal-doc": "usc", "parsable-cite": "usc/26/168" }, { "text": "Section 168(k)", "legal-doc": "usc", "parsable-cite": "usc/26/168" } ] } ]

[ "Aviation and airports", "Business investment and capital", "Income tax deductions", "Space flight and exploration", "Spacecraft and satellites" ]

[ { "text": "1. Short title \nThis Act may be cited as the Moms Matter Act.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Maternal mental health equity grant program \n(a) In general \nThe Secretary shall establish a program to award grants to eligible entities to address maternal mental health conditions and substance use disorders, with a focus on demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (b) Application \nTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Priority \nIn awarding grants under this section, the Secretary shall give priority to an eligible entity that— (1) is, or will partner with, a community-based organization to address maternal mental health conditions and substance use disorders described in subsection (a); (2) is operating in an area with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (3) is operating in a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ). (d) Use of funds \nAn eligible entity that receives a grant under this section shall use the grant for the following: (1) Establishing or expanding maternity care programs to improve the integration of maternal mental health and behavioral health care services into primary care settings where pregnant individuals regularly receive health care services. (2) Establishing or expanding group prenatal care programs or postpartum care programs. (3) Expanding existing programs that improve maternal mental and behavioral health during the prenatal and postpartum periods, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (4) Providing services and support for pregnant and postpartum individuals with maternal mental health conditions and substance use disorders, including referrals to addiction treatment centers that offer evidence-based treatment options. (5) Addressing stigma associated with maternal mental health conditions and substance use disorders, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (6) Raising awareness of warning signs of maternal mental health conditions and substance use disorders, with a focus on pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (7) Establishing or expanding programs to prevent suicide or self-harm among pregnant and postpartum individuals. (8) Offering evidence-aligned programs at freestanding birth centers that provide maternal mental and behavioral health care education, treatments, and services, and other services for individuals throughout the prenatal and postpartum period. (9) Establishing or expanding programs to provide education and training to maternity care providers with respect to— (A) identifying potential warning signs for maternal mental health conditions or substance use disorders in pregnant and postpartum individuals, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (B) in the case where such providers identify such warning signs, offering referrals to mental and behavioral health care professionals. (10) Developing a website, or other source, that includes information on health care providers who treat maternal mental health conditions and substance use disorders. (11) Establishing or expanding programs in communities to improve coordination between maternity care providers and mental and behavioral health care providers who treat maternal mental health conditions and substance use disorders, including through the use of toll-free hotlines. (12) Carrying out other programs aligned with evidence-based practices for addressing maternal mental health conditions and substance use disorders for pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (e) Reporting \n(1) Eligible entities \nAn eligible entity that receives a grant under subsection (a) shall submit annually to the Secretary, and make publicly available, a report on the activities conducted using funds received through a grant under this section. Such reports shall include quantitative and qualitative evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Secretary \nNot later than the end of fiscal year 2027, the Secretary shall submit to Congress a report that includes— (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; (C) recommendations with respect to expanding coverage of evidence-based screenings and treatments for maternal mental health conditions and substance use disorders; and (D) recommendations with respect to ensuring activities described under subsection (d) continue after the end of a grant period. (f) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a community-based organization serving pregnant and postpartum individuals, including such organizations serving individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (B) a nonprofit or patient advocacy organization with expertise in maternal mental and behavioral health; (C) a maternity care provider; (D) a mental or behavioral health care provider who treats maternal mental health conditions or substance use disorders; (E) a State or local governmental entity, including a State or local public health department; (F) an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and (G) an Urban Indian organization (as such term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )). (2) Freestanding birth center \nThe term freestanding birth center has the meaning given that term under section 1905(l) of the Social Security Act ( 42 U.S.C. 1396d(l) ). (3) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use. (g) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2024 through 2027.", "id": "H102278E8318147DFB3945C134E3B5477", "header": "Maternal mental health equity grant program", "nested": [ { "text": "(a) In general \nThe Secretary shall establish a program to award grants to eligible entities to address maternal mental health conditions and substance use disorders, with a focus on demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes.", "id": "H7F23CEBD03134205AB736ACEF64B1ED2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application \nTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.", "id": "HEC880A06CB9D428AA650F9EB44A04466", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Priority \nIn awarding grants under this section, the Secretary shall give priority to an eligible entity that— (1) is, or will partner with, a community-based organization to address maternal mental health conditions and substance use disorders described in subsection (a); (2) is operating in an area with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (3) is operating in a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ).", "id": "H760212670A2F4EF8AACFE7B807F577DC", "header": "Priority", "nested": [], "links": [ { "text": "42 U.S.C. 254e", "legal-doc": "usc", "parsable-cite": "usc/42/254e" } ] }, { "text": "(d) Use of funds \nAn eligible entity that receives a grant under this section shall use the grant for the following: (1) Establishing or expanding maternity care programs to improve the integration of maternal mental health and behavioral health care services into primary care settings where pregnant individuals regularly receive health care services. (2) Establishing or expanding group prenatal care programs or postpartum care programs. (3) Expanding existing programs that improve maternal mental and behavioral health during the prenatal and postpartum periods, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (4) Providing services and support for pregnant and postpartum individuals with maternal mental health conditions and substance use disorders, including referrals to addiction treatment centers that offer evidence-based treatment options. (5) Addressing stigma associated with maternal mental health conditions and substance use disorders, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (6) Raising awareness of warning signs of maternal mental health conditions and substance use disorders, with a focus on pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (7) Establishing or expanding programs to prevent suicide or self-harm among pregnant and postpartum individuals. (8) Offering evidence-aligned programs at freestanding birth centers that provide maternal mental and behavioral health care education, treatments, and services, and other services for individuals throughout the prenatal and postpartum period. (9) Establishing or expanding programs to provide education and training to maternity care providers with respect to— (A) identifying potential warning signs for maternal mental health conditions or substance use disorders in pregnant and postpartum individuals, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (B) in the case where such providers identify such warning signs, offering referrals to mental and behavioral health care professionals. (10) Developing a website, or other source, that includes information on health care providers who treat maternal mental health conditions and substance use disorders. (11) Establishing or expanding programs in communities to improve coordination between maternity care providers and mental and behavioral health care providers who treat maternal mental health conditions and substance use disorders, including through the use of toll-free hotlines. (12) Carrying out other programs aligned with evidence-based practices for addressing maternal mental health conditions and substance use disorders for pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes.", "id": "H6B0984FA6F6640F5A91511DEBEB097D0", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Reporting \n(1) Eligible entities \nAn eligible entity that receives a grant under subsection (a) shall submit annually to the Secretary, and make publicly available, a report on the activities conducted using funds received through a grant under this section. Such reports shall include quantitative and qualitative evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Secretary \nNot later than the end of fiscal year 2027, the Secretary shall submit to Congress a report that includes— (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; (C) recommendations with respect to expanding coverage of evidence-based screenings and treatments for maternal mental health conditions and substance use disorders; and (D) recommendations with respect to ensuring activities described under subsection (d) continue after the end of a grant period.", "id": "H6698AE4DDB644C6CB3AC8C3A7099F94B", "header": "Reporting", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Eligible entity \nThe term eligible entity means— (A) a community-based organization serving pregnant and postpartum individuals, including such organizations serving individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (B) a nonprofit or patient advocacy organization with expertise in maternal mental and behavioral health; (C) a maternity care provider; (D) a mental or behavioral health care provider who treats maternal mental health conditions or substance use disorders; (E) a State or local governmental entity, including a State or local public health department; (F) an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and (G) an Urban Indian organization (as such term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )). (2) Freestanding birth center \nThe term freestanding birth center has the meaning given that term under section 1905(l) of the Social Security Act ( 42 U.S.C. 1396d(l) ). (3) Secretary \nThe term Secretary means the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use.", "id": "H6365A8AFCA80473886EA27EE0CC0F200", "header": "Definitions", "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": "42 U.S.C. 1396d(l)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "(g) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2024 through 2027.", "id": "H55BC38448BF344D5AB863C3055C3E4BB", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 254e", "legal-doc": "usc", "parsable-cite": "usc/42/254e" }, { "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. 1396d(l)", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" } ] }, { "text": "3. Grants to grow and diversify the maternal mental and behavioral health care workforce \nTitle VII of the Public Health Service Act is amended by inserting after section 757 ( 42 U.S.C. 294f ) the following: 758. Maternal mental and behavioral health care workforce grants \n(a) In general \nThe Secretary may award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the maternal mental and behavioral health care workforce. (b) Use of funds \nRecipients of grants under this section shall use the grants to grow and diversify the maternal mental and behavioral health care workforce by— (1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as mental or behavioral health care providers who will specialize in maternal mental health conditions or substance use disorders; or (2) expanding the capacity of existing schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such schools or programs, including by awarding scholarships for students. (c) Prioritization \nIn awarding grants under this section, the Secretary shall give priority to any entity that— (1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; (2) has developed a strategy to recruit and retain a diverse pool of students into the maternal mental or behavioral health care workforce program or school supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; (3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; (4) has developed a strategy to recruit and retain students who plan to practice in an area with significant maternal health disparities, to the extent practicable; and (5) includes in the standard curriculum for all students within the maternal mental or behavioral health care workforce program or school a bias, racism, or discrimination training program that includes training on implicit bias and racism. (d) Reporting \nAs a condition on receipt of a grant under this section for a maternal mental or behavioral health care workforce program or school, an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including— (1) the number and demographics of students participating in the program or school; (2) the extent to which students in the program or school are entering careers in— (A) health professional shortage areas designated under section 332; and (B) areas with significant maternal health disparities, to the extent such data are available; and (3) whether the program or school has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes training on implicit bias and racism, and if so the effectiveness of such training program. (e) Period of grants \nThe period of a grant under this section shall be up to 5 years. (f) Application \nTo seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance \nThe Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and postgrant period sustainability of the maternal mental or behavioral health care workforce programs or schools proposed to be, or being, established or expanded through the grant. (h) Report by the Secretary \nNot later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups and other underserved populations; (2) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders from racial and ethnic minority groups and other underserved populations; (3) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in health professional shortage areas designated under section 332; and (4) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in areas with significant maternal health disparities, to the extent such data are available. (i) Definitions \nIn this section: (1) Racial and ethnic minority group \nThe term racial and ethnic minority group has the meaning given such term in section 1707(g)(1). (2) Mental or behavioral health care provider \nThe term mental or behavioral health care provider refers to a health care provider in the field of mental and behavioral health, including substance use disorders, acting in accordance with State law. (j) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2024 through 2028..", "id": "H82E846A706904298A9BB0F815D14D62A", "header": "Grants to grow and diversify the maternal mental and behavioral health care workforce", "nested": [], "links": [ { "text": "42 U.S.C. 294f", "legal-doc": "usc", "parsable-cite": "usc/42/294f" } ] }, { "text": "758. Maternal mental and behavioral health care workforce grants \n(a) In general \nThe Secretary may award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the maternal mental and behavioral health care workforce. (b) Use of funds \nRecipients of grants under this section shall use the grants to grow and diversify the maternal mental and behavioral health care workforce by— (1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as mental or behavioral health care providers who will specialize in maternal mental health conditions or substance use disorders; or (2) expanding the capacity of existing schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such schools or programs, including by awarding scholarships for students. (c) Prioritization \nIn awarding grants under this section, the Secretary shall give priority to any entity that— (1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; (2) has developed a strategy to recruit and retain a diverse pool of students into the maternal mental or behavioral health care workforce program or school supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; (3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; (4) has developed a strategy to recruit and retain students who plan to practice in an area with significant maternal health disparities, to the extent practicable; and (5) includes in the standard curriculum for all students within the maternal mental or behavioral health care workforce program or school a bias, racism, or discrimination training program that includes training on implicit bias and racism. (d) Reporting \nAs a condition on receipt of a grant under this section for a maternal mental or behavioral health care workforce program or school, an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including— (1) the number and demographics of students participating in the program or school; (2) the extent to which students in the program or school are entering careers in— (A) health professional shortage areas designated under section 332; and (B) areas with significant maternal health disparities, to the extent such data are available; and (3) whether the program or school has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes training on implicit bias and racism, and if so the effectiveness of such training program. (e) Period of grants \nThe period of a grant under this section shall be up to 5 years. (f) Application \nTo seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance \nThe Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and postgrant period sustainability of the maternal mental or behavioral health care workforce programs or schools proposed to be, or being, established or expanded through the grant. (h) Report by the Secretary \nNot later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups and other underserved populations; (2) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders from racial and ethnic minority groups and other underserved populations; (3) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in health professional shortage areas designated under section 332; and (4) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in areas with significant maternal health disparities, to the extent such data are available. (i) Definitions \nIn this section: (1) Racial and ethnic minority group \nThe term racial and ethnic minority group has the meaning given such term in section 1707(g)(1). (2) Mental or behavioral health care provider \nThe term mental or behavioral health care provider refers to a health care provider in the field of mental and behavioral health, including substance use disorders, acting in accordance with State law. (j) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2024 through 2028.", "id": "H2111127E0828477B80CA45E236A0ECD9", "header": "Maternal mental and behavioral health care workforce grants", "nested": [ { "text": "(a) In general \nThe Secretary may award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the maternal mental and behavioral health care workforce.", "id": "H42B3D79FC68641328E32D05535B83443", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nRecipients of grants under this section shall use the grants to grow and diversify the maternal mental and behavioral health care workforce by— (1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as mental or behavioral health care providers who will specialize in maternal mental health conditions or substance use disorders; or (2) expanding the capacity of existing schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such schools or programs, including by awarding scholarships for students.", "id": "HD6B5119537854A39BF1A7D73C27029C6", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Prioritization \nIn awarding grants under this section, the Secretary shall give priority to any entity that— (1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; (2) has developed a strategy to recruit and retain a diverse pool of students into the maternal mental or behavioral health care workforce program or school supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; (3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; (4) has developed a strategy to recruit and retain students who plan to practice in an area with significant maternal health disparities, to the extent practicable; and (5) includes in the standard curriculum for all students within the maternal mental or behavioral health care workforce program or school a bias, racism, or discrimination training program that includes training on implicit bias and racism.", "id": "HC93FA316F391490A8605DFA5C1600097", "header": "Prioritization", "nested": [], "links": [] }, { "text": "(d) Reporting \nAs a condition on receipt of a grant under this section for a maternal mental or behavioral health care workforce program or school, an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including— (1) the number and demographics of students participating in the program or school; (2) the extent to which students in the program or school are entering careers in— (A) health professional shortage areas designated under section 332; and (B) areas with significant maternal health disparities, to the extent such data are available; and (3) whether the program or school has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes training on implicit bias and racism, and if so the effectiveness of such training program.", "id": "HAA10EB04237345A0B3C0DB984B4A4BA9", "header": "Reporting", "nested": [], "links": [] }, { "text": "(e) Period of grants \nThe period of a grant under this section shall be up to 5 years.", "id": "H50B3207BA4D845D6BD3DFA1E549CFF46", "header": "Period of grants", "nested": [], "links": [] }, { "text": "(f) Application \nTo seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c).", "id": "HFB7F797F7A9F4314BC298C118FE27639", "header": "Application", "nested": [], "links": [] }, { "text": "(g) Technical assistance \nThe Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and postgrant period sustainability of the maternal mental or behavioral health care workforce programs or schools proposed to be, or being, established or expanded through the grant.", "id": "HB89C0B81C15148599D72B779AC714A62", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(h) Report by the Secretary \nNot later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups and other underserved populations; (2) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders from racial and ethnic minority groups and other underserved populations; (3) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in health professional shortage areas designated under section 332; and (4) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in areas with significant maternal health disparities, to the extent such data are available.", "id": "HEC59B3D8F18840F8893FF1B319C9A78D", "header": "Report by the Secretary", "nested": [], "links": [] }, { "text": "(i) Definitions \nIn this section: (1) Racial and ethnic minority group \nThe term racial and ethnic minority group has the meaning given such term in section 1707(g)(1). (2) Mental or behavioral health care provider \nThe term mental or behavioral health care provider refers to a health care provider in the field of mental and behavioral health, including substance use disorders, acting in accordance with State law.", "id": "HD3838AD1DB8F4805A2CBA910D7D0DDB9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(j) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2024 through 2028.", "id": "HAE061660AB0345A09B7B35E746F0848E", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]

[ "Community life and organization", "Congressional oversight", "Disability and health-based discrimination", "Drug, alcohol, tobacco use", "Education programs funding", "Government information and archives", "Health care coverage and access", "Health care quality", "Health personnel", "Health programs administration and funding", "Health promotion and preventive care", "Higher education", "Internet, web applications, social media", "Licensing and registrations", "Medical education", "Mental health", "Minority education", "Minority employment", "Minority health", "Teaching, teachers, curricula", "Women's health" ]

[ { "text": "1. Inclusion of certain emblems on headstones and markers furnished by the Secretary of Veterans Affairs \n(a) In general \nSection 2306 of title 38, United States Code, is amended by adding at the end the following new subsection: (l) (1) A headstone or marker furnished for a veteran under subsection (a), (b), or (d) may include— (A) no emblem; (B) an emblem of belief; or (C) an emblem from among a list of emblems that the Secretary, in coordination with the Secretary of Defense, shall establish. (2) The list established under paragraph (1)(C) shall include the following: (A) An emblem with respect to— (i) each unit at the level of division or higher in the Army and each equivalent unit in the Navy, Marine Corps, Air Force, Space Force, and Coast Guard; and (ii) each skill or combat badge or tab earned by a member of the Armed Forces. (B) Such other emblems as the Secretary, in coordination with the Secretary of Defense, considers appropriate and practical, such as the Marine Corps emblem or Army Infantry insignia. (3) The Secretary of Defense shall provide the Secretary with a digitized representation of each emblem included in the list established under paragraph (1)(C).. (b) Establishment of list of approved emblems \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall establish the list of approved emblems required by paragraph (1)(C) of subsection (l) of such section 2306, as added by subsection (a), in accordance with such subsection (l). (c) Availability of approved emblems \nNot later than 360 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall make the emblems on the list of approved emblems required by subsection (l)(1)(C) of such section 2306, as added by subsection (a), available for inclusion on headstones and markers. (d) Applicability \nThe amendment made by subsection (a) shall apply with respect to headstones and markers furnished by the Secretary of Veterans Affairs after the date of the enactment of this Act.", "id": "idEE3847F990EB40EBA6B3E523E5EEC3AD", "header": "Inclusion of certain emblems on headstones and markers furnished by the Secretary of Veterans Affairs", "nested": [ { "text": "(a) In general \nSection 2306 of title 38, United States Code, is amended by adding at the end the following new subsection: (l) (1) A headstone or marker furnished for a veteran under subsection (a), (b), or (d) may include— (A) no emblem; (B) an emblem of belief; or (C) an emblem from among a list of emblems that the Secretary, in coordination with the Secretary of Defense, shall establish. (2) The list established under paragraph (1)(C) shall include the following: (A) An emblem with respect to— (i) each unit at the level of division or higher in the Army and each equivalent unit in the Navy, Marine Corps, Air Force, Space Force, and Coast Guard; and (ii) each skill or combat badge or tab earned by a member of the Armed Forces. (B) Such other emblems as the Secretary, in coordination with the Secretary of Defense, considers appropriate and practical, such as the Marine Corps emblem or Army Infantry insignia. (3) The Secretary of Defense shall provide the Secretary with a digitized representation of each emblem included in the list established under paragraph (1)(C)..", "id": "idF8E5B737F5374ACCAD8F6EB5E41E9513", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Establishment of list of approved emblems \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall establish the list of approved emblems required by paragraph (1)(C) of subsection (l) of such section 2306, as added by subsection (a), in accordance with such subsection (l).", "id": "idCA8FB8AA003242F9B6962DF283BDA82D", "header": "Establishment of list of approved emblems", "nested": [], "links": [] }, { "text": "(c) Availability of approved emblems \nNot later than 360 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall make the emblems on the list of approved emblems required by subsection (l)(1)(C) of such section 2306, as added by subsection (a), available for inclusion on headstones and markers.", "id": "id9B2B789954D843439745FB0C4C44DDCD", "header": "Availability of approved emblems", "nested": [], "links": [] }, { "text": "(d) Applicability \nThe amendment made by subsection (a) shall apply with respect to headstones and markers furnished by the Secretary of Veterans Affairs after the date of the enactment of this Act.", "id": "id8EF9BA8F40A143C9B6880B8698D36CC1", "header": "Applicability", "nested": [], "links": [] } ], "links": [] } ]

[ "Cemeteries and funerals", "Monuments and memorials", "Veterans' organizations and recognition" ]

[ { "text": "1. Short title \nThis Act may be cited as the Mining Regulatory Clarity Act of 2023.", "id": "idae619ebec0094c88ba4d9c3dccc38420", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Use of mining claims for ancillary activities \nSection 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of tenure \n(1) Claimant rights \n(A) Definition of Operations \nIn this paragraph, the term operations means— (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) discovery and assessment; (IV) development; (V) extraction; or (VI) processing; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land for a support facility. (B) Rights to use, occupation, and operations \nA claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal Land Policy and Management Act of 1976 \nA claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. (3) Savings clause \nNothing in this subsection diminishes any right (including a right of entry, use, or occupancy) of a claimant..", "id": "idb566a289486d4de6a6da236d95daf936", "header": "Use of mining claims for ancillary activities", "nested": [], "links": [ { "text": "30 U.S.C. 28f", "legal-doc": "usc", "parsable-cite": "usc/30/28f" }, { "text": "43 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/43/1701" } ] } ]

[ "Land use and conservation", "Mining", "Pipelines", "Roads and highways", "User charges and fees" ]

[ { "text": "1. Short title \nThis Act may be cited as the Opportunities in Organic Act of 2023.", "id": "S1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Opportunities in Organic program \nSection 10606 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523 ) is amended— (1) in the section heading, by striking National organic certification cost-share and inserting Opportunities in organic ; (2) by striking subsection (b); (3) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; (4) in subsection (a), by striking the subsection designation and heading and all that follows through Secretary of Agriculture and inserting the following: (b) Establishment \nThe Secretary ; (5) by inserting before subsection (b) (as so redesignated) the following: (a) Definitions \nIn this section: (1) Certified organic farm; certified organic handling operation \nThe terms certified organic farm and certified organic handling operation have the meanings given those terms in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 ). (2) Eligible nonprofit organization \nThe term eligible nonprofit organization means a nonprofit organization (as defined in section 1619(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5801(b) )) that primarily serves at least 1 of the following: (A) Socially disadvantaged farmers and ranchers. (B) Organic producers and handlers. (C) 1 or more vulnerable agricultural regions, such as farms near schools, childcare providers, residential areas, or sensitive ecosystems. (D) 1 or more under-resourced agricultural regions. (E) Smaller nonprofit organizations (as so defined) that primarily serve the entities or regions described in subparagraph (A), (B), (C), or (D). (3) National organic production program \nThe term national organic production program means the national organic production program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ). (4) Organic \nThe term organic has the meaning given the term in section 205.2 of title 7, Code of Federal Regulations (or a successor regulation). (5) Program \nThe term program means the Opportunities in Organic program established under subsection (b). (6) Secretary \nThe term Secretary means the Secretary of Agriculture. (7) Socially disadvantaged farmer or rancher; socially disadvantaged group \nThe terms socially disadvantaged farmer or rancher and socially disadvantaged group have the meanings given those terms in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ). (8) Transition to organic \nThe term transition to organic means the steps required to become a certified organic farm. ; (6) in subsection (b) (as so redesignated)— (A) by striking a national organic certification cost-share program to assist and inserting the following: a program, to be known as the Opportunities in Organic program — (1) to assist ; (B) in paragraph (1) (as so designated), by striking program established and all that follows through the period at the end and inserting program; and ; and (C) by adding at the end the following: (2) to provide support and technical assistance for transition to organic and organic management. ; (7) by inserting after subsection (b) (as so redesignated) the following: (c) Federal organic certification cost-share \n(1) In general \nSubject to paragraphs (2) and (3), the Secretary shall pay under this subsection the costs incurred by a producer or handler in obtaining certification under the national organic production program, as certified to and approved by the Secretary. (2) Maximum amount \nExcept as provided in paragraph (3), the maximum amount of a payment made to a producer or handler under this subsection shall be $1,500. (3) Ensuring affordability \nNotwithstanding paragraph (2), the Secretary may make payments that exceed the maximum amount under that paragraph to ensure that organic certification costs are not a barrier to organic production, including payment to a producer or handler who is— (A) located in a region with disproportionately high certification costs, as determined by the Secretary; or (B) a member of a socially disadvantaged group. (d) Support for transition to organic and technical assistance \n(1) Transition and resilience funding \n(A) In general \nThe Secretary shall award funding to eligible nonprofit organizations— (i) to build capacity to support transition to organic in accordance with subparagraph (B); and (ii) to support transition to organic in accordance with subparagraphs (C) and (D). (B) Activities to build capacity \nAn eligible nonprofit organization that is awarded funding under this subparagraph may use the funding for staffing, materials, activities, and partnerships (including partnerships with eligible nonprofit organizations described in subsection (a)(2)(E)) that support transition to organic and resilience of certified organic farms, including— (i) the recruitment of producers to begin transition to organic; (ii) translation and communication support, including development of materials to increase understanding of the practices and processes required to become certified as organic; (iii) assistance with applications, compliance, recordkeeping, and other aspects of the organic certification process and the transition to organic; (iv) financial, business, natural resource conservation, and farm planning; (v) support for fair contracting; (vi) technical assistance with organic management practices, such as soil health, nutrient management, pest management, and other practices, as determined appropriate by the Secretary; (vii) by providing training on organic certification requirements and organic management to agricultural advisors and consultants, including agronomists, crop advisors, pest control advisors, extension agents, farm consultants, and other technical service providers, and agricultural industry entities, such as seed dealers, equipment suppliers, and input suppliers; (viii) by facilitating paid mentor-mentee relationships between organic producers and producers in transition to organic, including stipends for all participants and training to support effective mentorship; (ix) by assisting producers with accessing resources and funding for programs associated with organic management, including conservation programs, risk management tools, and organic support and research programs; (x) by establishing or expanding cooperatives, organic grower groups, certified organic processing, storage, refrigeration, freezer, and distribution facilities and equipment, food hubs, food security programs, additional programs under the Indigenous Food Sovereignty Initiative of the Department of Agriculture, organic-compliant composting services, and other regional foodshed and supply chain infrastructure, such as infrastructure for granaries and meat processing; (xi) on-farm research, including monitoring biodiversity, monitoring air and water quality, measuring changes in soil organic carbon and indicators of soil health, developing regionally adapted seeds and breeds, and carrying out trials and documenting the effectiveness of holistic approaches to pest, weed, and disease control; (xii) recruiting and training organic certification staff and inspectors, with an emphasis on expanding opportunities for socially disadvantaged farmers and ranchers and increasing diversity in the certification process; (xiii) increasing access to land for socially disadvantaged farmers and ranchers and small and mid-sized farms and ranches and promoting long-term organic management (such as purchasing land for incubator projects, promoting and supporting lease-to-own contracts, resolving heirs property issues, and establishing easements that facilitate long-term organic stewardship); (xiv) supporting tenant farmers, including through leasing options that serve tenants and landlords long term; (xv) hosting or supporting regional conventions, conferences, farmer-led training sessions and programs, field days, teach-ins, and other educational opportunities focused on organic production; and (xvi) establishing infrastructure for interfarmer skill sharing and exchanges, including virtual forums. (C) Producer transition and resilience funding \n(i) In general \nAn eligible nonprofit organization that is awarded funding under this subparagraph may use the funding to provide transition and resilience funding to existing organic operations, socially disadvantaged farmers or ranchers, or small or mid-sized farms or ranches. (ii) Term \n(I) In general \nFunding provided under this subparagraph shall be for a term of 4 years. (II) 1-time funding \nThe Secretary may not renew funding provided to a recipient under this subparagraph. (iii) Use of funds \nFunding awarded under clause (i) may be used to offset the costs of and reduce barriers to becoming or expanding a certified organic farm, including— (I) creating or expanding an organic system plan (as defined in section 205.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Opportunities in Organic Act of 2023 )), including— (aa) completing organic certification documents, planning, and recordkeeping; and (bb) developing a conservation plan to address all natural resources, including soil health; (II) adopting, improving, or expanding organic management, including— (aa) eliminating the use of synthetic pesticides, synthetic fertilizers, or antibiotics; (bb) the implementation of cover cropping, crop rotation, or rotational grazing; (cc) the production and use of compost and manure (including purchasing tools, supplies, or storage); (dd) sourcing or producing organic seed and feed; (ee) hedgerow and ecosystem enhancement planting and design; (ff) purchasing supplies for intercropping and polycropping or other specialized equipment for use in organic management; and (gg) supporting beneficial predators, pollinator habitats, erosion prevention, or watershed restoration; (III) paying for costs associated with processing, storage, and distribution equipment and facilities; (IV) carrying out on-farm research to monitor and document the impacts of transition to organic, including in partnership with an institution of higher education or another entity; (V) soil testing; (VI) debt relief to improve access to capital and financial stability; (VII) forming a cooperative or farmer-to-farmer network; (VIII) providing training to become an organic inspector to expand revenue and regional inspection capacity; (IX) overcoming barriers to land access, including payments to secure longer leases and costs associated with accessing land that has not been treated with materials prohibited for use on a certified organic farm or transitioning land to organic management; (X) paying for labor costs, including costs associated with improvements to workplace safety, compensation, professional development, and staff training on transition to organic implementation; (XI) improving food safety practices and obtaining related certifications; (XII) providing or participating in organic agriculture educational opportunities; (XIII) providing compensation for foregone income during transition to organic due to short-term changes in yield and limited market options; (XIV) construction or improvement of housing for apprentices, trainees, or volunteers or other on-farm infrastructure; and (XV) financial, business, and farm planning. (iv) Organic system plan \nAs a condition of receiving funding under this subparagraph to carry out any of the activities described in subclauses (II) through (XV) of clause (iii), an organic operation, socially disadvantaged farmer or rancher, or small or mid-sized farm or ranch shall be required to develop an organic system plan described in subclause (I) of that clause. (D) Organic supply chain funding \n(i) In general \nAn eligible nonprofit organization that is awarded funding under this subparagraph may use the funding to support organic supply chain development, including by providing the funding to other entities to support organic supply chain development. (ii) Use of funds \nFunding awarded under clause (i)— (I) may be used to strengthen organic capacity or expand access to certified organic handling operations, including— (aa) constructing, expanding, or improving access to a certified organic handling operation; (bb) purchasing farm equipment, value added supplies, and other materials that improve market access; and (cc) pursuing organic certification for an existing handling operation; and (II) shall be used to strengthen opportunities in organic capacity for socially disadvantaged farmers or ranchers, small or mid-sized farms or ranches, vulnerable agricultural regions (such as farms near schools, childcare providers, residential areas, and sensitive ecosystems), or under-resourced agricultural regions. (E) Communications; meetings \nAn eligible nonprofit organization that receives funding under subparagraph (B), (C), or (D) shall— (i) communicate not less frequently than once per quarter with each other entity awarded funding pursuant to those subparagraphs— (I) to monitor progress with respect to transition to organic and organic supply chain development; (II) to address improvements and impacts of the transition to organic, including observed changes in biodiversity, soil health, pests, weeds, and disease occurrence, crop yield, and resilience; (III) to address challenges associated with transition to organic; (IV) to consider market opportunities and the adoption of additional practices; and (V) to explore opportunities for coordinated farm team meetings with staff from relevant agencies and organizations to streamline agricultural assistance and improve farm viability while increasing adoption of on-farm conservation practices; and (ii) meet not less frequently than annually for each year for which funding is provided with staff of the Department of Agriculture (as determined by the Secretary) to discuss program participation and impacts, demographics and scale of participants, transition to organic success rates, market opportunities, research results, and challenges identified in the transition to organic. (2) Technical assistance \n(A) In general \nThe Secretary shall increase regional resources to support organic management, including technical assistance, outreach, supply chain coordination, and activities described in subparagraph (B), through expanded organic-related capacity and partnerships at— (i) the Department of Agriculture, including within the Agricultural Marketing Service, the Farm Service Agency, the Natural Resources Conservation Service, the Risk Management Agency, the offices under the Undersecretary of Rural Development, the Food and Nutrition Service, and climate hubs, with an emphasis on local and regional offices; (ii) universities and educational institutions, with an emphasis on institutions serving socially disadvantaged farmers and ranchers; (iii) the cooperative extension programs of the Secretary, including the Federally Recognized Tribes Extension Program; (iv) State, regional, and Tribal departments of agriculture; and (v) eligible nonprofit organizations. (B) Authorized activities \nActivities carried out through the entities described in subparagraph (A) shall include— (i) regional education sessions on organic management; (ii) the development of regionally tailored resources, technical assistance programs, and teaching farms for organic producers and producers in transition to organic, including tools to promote and facilitate participation of socially disadvantaged farmers and ranchers and small and mid-sized farms and ranches in organic and complementary support programs; (iii) ongoing outreach to and needs assessment of producers in transition to organic to identify barriers to organic production and mechanisms to address those barriers; (iv) the identification of priority locations to promote transition to organic, including near schools and childcare providers, residential areas, and sensitive ecosystems; (v) organic supply chain and infrastructure development; (vi) the expansion of organic and local supply chains and market opportunities, including establishing channels for producers to offer products to institutional buyers and supporting purchases through nutrition programs; and (vii) advancing food waste reduction strategies that support producer income and soil health, including— (I) closed-loop programs that connect community composting and food scrap collection operations with farms; and (II) coordination to maximize use of farm products, composting, and waste reduction. ; (8) in subsection (e) (as so redesignated)— (A) by striking including the number and inserting the following: including— (1) the number ; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (2) the demographics, acreage, and sales of producer participants that received support under the program, aggregated by region; (3) the number of producers and handlers that— (A) received support from the program in the previous fiscal year; (B) began transition to organic; and (C) achieved new organic certification; (4) any barriers to achieving organic certification; (5) the transition to organic activities carried out by eligible nonprofit organizations and the metrics used to evaluate the success of those activities; (6) research findings and best practices to support transition to organic; (7) changes in organic-relevant capacity at public institutions of higher education and eligible nonprofit organizations; and (8) changes in availability of organic-relevant technical assistance. ; and (9) in subsection (f)(1) (as so redesignated), by striking subparagraphs (A), (B), and (C) and inserting the following: (A) $50,000,000 for each of fiscal years 2024 and 2025; (B) $80,000,000 for fiscal year 2026; and (C) $100,000,000 for each of fiscal years 2027 and 2028..", "id": "id4f2b614029094e5ba6e4b68f953eb38b", "header": "Opportunities in Organic program", "nested": [], "links": [ { "text": "7 U.S.C. 6523", "legal-doc": "usc", "parsable-cite": "usc/7/6523" }, { "text": "7 U.S.C. 6502", "legal-doc": "usc", "parsable-cite": "usc/7/6502" }, { "text": "7 U.S.C. 5801(b)", "legal-doc": "usc", "parsable-cite": "usc/7/5801" }, { "text": "7 U.S.C. 6501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/6501" }, { "text": "7 U.S.C. 2279(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2279" } ] } ]

[ "Agricultural conservation and pollution", "Agricultural education", "Agricultural practices and innovations", "Agricultural prices, subsidies, credit", "Business records", "Employment and training programs", "Farmland", "Food industry and services", "Food supply, safety, and labeling", "Intergovernmental relations", "Minority and disadvantaged businesses", "Public-private cooperation", "Rural conditions and development", "Soil pollution", "State and local government operations" ]